Terms & conditions of sale

These Terms and Conditions, together with any other documents referred to below, set out the terms under which Goods are sold by us to consumers through this website, qushy.co.uk (the “Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from the Site. You’ll be required to read and accept these Terms and Conditions when ordering Goods. If you don’t agree to these Terms and Conditions, you won’t be able to order Goods through the Site.

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

Contract

means a contract for the purchase and sale of Goods, as explained in Clause 8;

Goods

means the goods sold by us through the Site;

Order

means your order for Goods placed through the Site;

Order Confirmation

means our acceptance and confirmation of your Order; and

Order Number

means the reference number for your Order.

2. Information about us

The Site is owned and operated by Qushy Limited, a limited company registered in England under company number 10273959, and whose registered address is The Garden Suite, 23 Westfield Park, Redland, Bristol, BS6 6LT.

3. Access to and use of the site

  1. Access to the Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Site (or any part of it) at any time and without notice. We won’t be liable to you in any way if the Site (or any part of it) is unavailable at any time.
  2. Use of the Site is subject to the Terms and Conditions of Website Use, which can be found here. Please ensure that you’ve read them carefully and that you understand them.

4. Orders – how contracts are formed

  1. The Site will guide you through the ordering process. Before submitting your Order, you’ll be given the opportunity to review your Order and amend it. Please check your Order information carefully before submitting it. Amendments cannot be made after you have selected “confirm and pay”.
  2. No part of the Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we’ve accepted it. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we’ve sent you an Order Confirmation will there be a legally binding Contract between you and us.
  3. If we don’t accept or can’t fulfil your Order for any reason, we’ll explain why in writing. No payment will be taken under normal circumstances. If we have taken payment, we’ll refund those sums to you as soon as possible.
  4. If we don’t accept or can’t fulfil your Order for any reason, we’ll explain why in writing. No payment will be taken under normal circumstances. If we have taken payment, we’ll refund those sums to you as soon as possible.

5. Goods, Pricing and Availability

  1. Please note that our items are not aimed at those under 18
  2. We make reasonable efforts to ensure that all descriptions and images of Goods available from us correspond to the actual Goods. But please note that images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions.
  3. Clause 5.2 does not exclude our responsibility for mistakes due to our negligence, and it refers only to minor variations of the correct Goods, not two different Goods altogether. Please refer to Clause 9 if you receive incorrect Goods (i.e., Goods that are not as described).
  4. All sizes and measurements of items are approximate. However, we do our best to make sure that they are as accurate as possible.
  5. We make reasonable efforts to ensure that all prices, details and descriptions shown on the Site are correct. We reserve the right to refuse orders where information about the item (including prices and promotions) have been miss-published.
  6. We reserve the right to change prices and to add, alter or remove special offers from time to time. However, these changes will not affect any orders made before this change.
  7. Delivery charges are not included in the price of Goods displayed on the Site. For more information on delivery charges, please refer here. Delivery options and related charges will be presented to you as part of the order process.

6. Payments and refunds

  1. We accept all major credit cards (American Express/ MasterCard / Visa) debit cards (Solo/ Maestro / Visa Debit / Visa Delta / Visa Electron).
  2. All payments are processed through Stripe, our payments processor. We do not store credit card details, and we do not share customer details with any 3rd parties.
  3. Your credit/debit card detailed in 6.1 will be debited when you select the “confirm and pay” button.
  4. Any refunds due will be made using the same payment method you used when ordering the Goods.

7. Delivery

  1. Our deliveries are made to the specified delivery addresses provided at the time of order. Customer accepts full responsibility for ensuring the delivery information provided is accurate.
  2. We cannot be held liable for deliveries that are delayed. Please note that delivery times may exceed during busy periods.
  3. Goods are delivered by the Royal Mail, whose standard procedures will apply if you are not available to accept your delivery. Depending on the delivery option you choose, this could mean that Goods you do not promptly collect from Royal Mail will be returned to us. If this happens, we’ll treat the Contract as cancelled: we’ll refund you the purchase price of the Goods themselves but not the cost of delivery.
  4. We cannot deliver to PO Box or hotel addresses.
  5. We would not refund postage costs unless the mistake was conducted on our behalf.

8. Refunds

  1. If you change your mind about an item, you can return it to us within the “cooling-off” period of 14 days of the item being delivered to you, providing:
    1. The item(s) are unworn and unwashed, and there are no signs of makeup or any other stains
    2. All item(s) have all tags attached and returned in its original packaging
    3. Returned with the correct dispatch and order information
  2. Once we have received your returned item, we will refund the price that you paid for the item(s) (taking into account any discounts or promotions applied at the time of purchase).
  3. Please note that the refund does not include any delivery charges paid.
  4. All refunds will be made to the same method of payment used at the time of purchase.
  5. We do not accept returns after the 14 days unless deemed as faulty. The above does not affect your statutory rights.

9. Events outside of our control

  1. We won’t be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that’s beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
  2. If any event described in Clause 12 occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:
    1. we’ll inform you as soon as is reasonably possible;
    2. we’ll take reasonable steps to minimise the delay;
    3. to the extent we can’t minimise the delay, our affected obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that we are bound by will be extended accordingly;
    4. we’ll inform you when the event outside of our control is over and provide details of any new dates, times or availability of Goods as necessary;
    5. If the event outside of our control continues for more than [60 days], we’ll cancel the Contract and inform you of the cancellation. Any refunds due as a result of that cancellation will be paid to you as soon as is reasonably possible; and/or
    6. if an event outside of our control occurs and continues for more than [30 days] and you wish to cancel the Contract as a result, you may do so. Any refunds due as a result of that cancellation will be paid to you as soon as is reasonably possible.

10. Communications and contact details

  1. If you wish to contact us with general questions or complaints, you may contact us by email at hello@qushy.co.uk

11. How we use your information

  1. For details about data protection and how we use your information, please refer to our Privacy Policy, which you can find here.

12. Other important terms

  1. We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party. If this occurs, we’ll inform you in writing. Your rights under these Terms and Conditions will not be affected, and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
  2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
  3. The Contract is between you and us. It’s not intended to benefit any other person or third party in any way, and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
  4. If any provision(s) of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
  5. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
  6. We may revise these Terms and Conditions from time to time. If we change these Terms and Conditions as they relate to your Order, we’ll give you reasonable notice of the changes and provide details of how to cancel if you are not happy with them. If you opt to cancel, you must return any affected Goods you’ve already received, and we’ll arrange for a full refund (including delivery charges).
  7. These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed by, English law.
  8. Any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your address.