Terms & Conditions
After Dark Evening Wear Limited
Effective as of November 13, 2020.
1.2 In these Terms, unless the context requires otherwise:
• “Contract” means each contract for the supply of Goods by us into which these Terms shall be incorporated;
• “Card” means the credit or debit card which you use to make payment for the Goods;
• “Goods” means the goods which we supply in accordance with these Terms;
• “Order” means a purchase order in respect of the Goods issued by you to us using the Website.
1.3 The Website is owned and operated by After Dark Party Ltd (“us”/”we”). After Dark Party Ltd is a company registered in England and Wales, whose registered office is at: Regina House,124 Finchley Road, London NW3 5JS. After Dark Party Ltd registered number is 07497392.
1.4 We reserve the right to change these Terms from time to time, without notice. Any such changes will take effect when posted on the Website and it is your responsibility to read the Terms on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms. If you place an Order, the Contract will be subject to the Terms in force at the time you place your Order (save as required by law or government authority).
1.5 These Terms and any other legal notices on the Website constitute the whole agreement between us. If there is a conflict between these Terms and any other legal notice on this Website, these Terms shall prevail.
1.6 Orders may only be made by adult individuals 18 years of age or older, and that you are legally capable of entering into binding contracts. Each time you purchase Goods on the Website, you are representing to us that you are an individual 18 years of age or older. We cannot prohibit minors visiting this Website. We rely on parents, guardians and those responsible for supervising children under 16 to decide which materials are appropriate for such children to view/purchase. If you are under 18, you must use this Website only with the involvement of a parent or guardian.
2. Order Process
2.1 When you place an Order with us you will be taken through a secure checkout process and up to the point at which you click on ‘Place Order’ on the final page of the checkout process you are able to add/amend/delete any items that you have placed in your basket.
2.2 Please note that the colours of the Goods are as accurate as the Website allows, as the actual colours you see will depend on your monitor. We cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the Goods on delivery.
3. Acknowledgement and acceptance of your Order
3.1 We will send you a confirmation of receipt of your Order by email (to the email address provided to us by you) once you submit your Order. Please note that this does not constitute acceptance of your Order. Our acceptance of your Order and the completion of the Contract between you and us will take place upon dispatch to you of the Goods ordered. You will be sent another email on dispatch of your Goods (“Dispatch Confirmation”) and the Contract will only relate to those Goods in the Dispatch Confirmation.
3.2 Any offers for Goods at discounted prices will be made available for you to Order (subject to our acceptance) for the limited period of time as stated in that offer.
3.3 Non-acceptance of an Order (or part of an Order) may be as a result of one of the following:
3.3.1 One or more of the Goods you ordered are unavailable(see condition 5.4);
3.3.2 Our inability to obtain authorisation for your payment. We may contact you to check your Card details;
3.3.3 The identification of a pricing error (see condition 4.1) or material error in the description of the Goods; or
3.3.4 You not meeting the eligibility to order criteria as set out in these Terms (see condition 1.8 and 6.1).
3.4 We make every effort to ensure that goods displayed on the Website are available to order, however where any of the Goods contained within an Order are out of stock, we will contact you to explain the situation and give you the option of cancelling that part of the Order or the whole Order, or making a new Order for Goods that we have in stock.
4.1 Subject to condition 6.7 (Delivery charges), the prices stated on the Website at the time we receive your Order are the prices you pay – except where we discover an error in the price of the Goods you have ordered. In this event, we will inform you as soon as possible after receiving your Order and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled.
4.3 Subject to condition 4.1, we reserve the right to adjust prices, delivery charges, offers, goods and specifications of goods on the Website at our discretion at any time, but changes will not affect Orders in respect of which we have already sent a Dispatch Confirmation.
5. Method of payment
5.1 You can pay for your Orders by Paypal or major credit or debit card including VISA, MasterCard, American Express and Discover. It is imperative that you provide the Cardholder’s name as it is shown on the Card, and address exactly as it appears on the Card statement.
5.3 We are unable to accept payment by any other method, including cheque, Style cards, cash or postal orders.
5.4 Card fraud is illegal and will lead to prosecution in all cases. By submitting Card details you (a) represent and warrant that your use of the Card is authorised and that all information you submit is true and accurate and (ii) authorise us to charge to the Card the amount payable pursuant to your Order. You may be subject to validation checks (see condition 13.10) and/or third party authorisations.
5.5 Ownership of the Goods you order on the Website shall pass to you on delivery provided that we have processed and received payment in full for such Goods (including delivery charges).
6.1 We are able to deliver your Goods to most international destinations. Please refer to the Delivery & Returns Page for a full list of serviced locations. By placing an Order you warrant that you are ordering to a serviced location. Shipping charges do not include any taxes or duties relevant to specific serviced locations.
6.2 Please note that on delivery our carriers may need to obtain a signature from you. If a signature is required, our carriers will not be able to deliver Goods without such signature.
6.3 Selecting the delivery address:
6.3.1 When you have selected the Goods that you wish to purchase from us, the delivery address will default automatically to the billing address associated with your Card.
6.3.2 However, should you wish to send the Goods to an alternative address then you can enter this in the delivery address form as you proceed through the checkout process. The alternative address can be either residential or business.
6.4 To make life easier for you, if you set-up an account with us then you can store your favourite delivery addresses so that when re-ordering you can just select from your delivery address book saving you time and the inconvenience of filling out the form again.
6.5 We aim to deliver all Goods by courier within 2-4 working days. We also offer a next day delivery service for orders placed before 1pm(GMT) that day (certain postcodes only, please check with customer services) for an extra charge. We aim to dispatch all goods from our warehouse the same day (Monday – Friday) as you place your Order, providing that your Order is received before 1pm (GMT). We make every effort to deliver Goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the Goods within the estimated timescales.
6.7 Delivery charges are applied according to our standard delivery charging structure as stated on the Website and confirmed in the Dispatch Confirmation. There is only one delivery charge per Order.
6.8 Risk of loss or damage to the Goods shall pass to you at the time the Goods are delivered.
6.9 Should you have any query with regards to the receipt of your Order then please contact our customer services team at firstname.lastname@example.org or on 020 8343 3535
8. Return of goods and cancellation policy
We hope you will be satisfied with Goods purchased on our Website.
8.1 Subject to condition 8.2, if you wish to return to us any Goods :
8.1.1 in respect of which you find a fault, you may do so within a reasonable time after delivery. Subject to confirmation of the fault, we will refund the price of the Goods.
8.1.2 for any reason you may do so within 14 days of the date of dispatch. Goods returned after 14 days shall only be returned at the discretion of After Dark Party Ltd. We will refund the price of the Goods if returned within 14 days of the date of dispatch, providing it is in a saleable unworn condition and is in its original, internal packaging, including the After Dark Tag. Please email ivybelle@afterdark- uk.co.uk if any of your purchases have been delivered without After Dark tags.
8.1.3 Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
8.1.4 All items returned should have an Authorisation Number (AN) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.
8.1.5 Faulty goods: Goods are faulty if they are received damaged or where a manufacturing fault occurs within three months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you will be given Account Credit for the amount in question.
8.1.6 The delivery charge is non-refundable and unless otherwise agreed between us, you must pay for the costs of return of the Goods to us. Goods must be returned by Special Delivery or Recorded Delivery only. This does not affect your statutory rights.
8.2 Under the Consumer Protection (Distance Selling Regulations) 2000 you have the legal right to cancel the Contract within seven working days of the date you receive the Goods. To cancel a Contract, you must inform us in writing, by sending an email to email@example.com You must also return the Goods to us as soon as reasonably practicable, and at your own cost. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Goods in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3 If you would like to return any Goods to us (pursuant to condition 8.1 or 8.2) then you should do so by following our Returns Procedure (see condition 8.5). The value of the returned Goods at the time of purchase will be refunded (in accordance with condition 8.1 or 8.2 as applicable) to the same Card that you used to purchase the Goods. If you wish to receive replacement Goods, please order them in the normal way via our Website or by email to firstname.lastname@example.org
8.4 For our records you will be asked to complete the reason for your return and this form will then need to be returned with the Goods to enable us to identify your Goods on receipt and process your return immediately.
8.7 If you have any queries about your return and would like to contact us please email us at email@example.com
9. Warranties and Liability
9.1 Nothing in these Terms excludes or limits liability for (i) death or personal injury caused by negligence (ii) fraud or fraudulent misrepresentation; (iii) any breach by us of the obligations implied by section 12 of the Sale of Goods Act 1979; (iv) defective Goods under the Consumer Protection Act 1987; or (v) any other matter for which it would be illegal to exclude liability.
9.2 Your use of any Goods other than in accordance with their manuals and/or instructions is entirely at your own risk (subject to condition 9.1).
9.3 We will make every effort to deliver Goods in accordance with condition 6.5, but we cannot be held responsible for delays or failures due to adverse weather, traffic delays, mechanical breakdowns or other circumstances beyond our control.
9.4 The information contained in the material in this Website is only for information purposes. We, by permitting the use of this Website, do not hold ourselves out as providing any legal, financial or other advice. We also dos not make any recommendation or endorsement as to any investment, advisor or other service or product or to any material submitted by third parties or linked to this Website. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
9.5 We warrant to you that Goods will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
9.6 We will make every effort to keep the Website available but we cannot guarantee that the Website will always be available, reliable, free from technical inaccuracies and typographical errors or other types of error; and will not be liable to you for any loss or damage caused by the Website not being so. Further, we often review the content of the Website to keep it up to date, but we cannot guarantee that it will always be up to date. We do not make any other promises or warranties about the Website.
9.7 This Website contains material submitted and created by third parties. Where this is the case, we shall let you know. We have not been able to verify the accuracy of such material and so you should confirm its accuracy with the relevant third party.
9.8 Your visiting of any external websites via links from this Website is entirely at your own risk. Where it is possible for you to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between you and the third party. Therefore, you should ensure that you carefully read the terms and conditions for the accessing and use of such websites and resources and, if you suffer losses as a result of accessing and/or using such third party websites and resources, you must claim against the third party and not us.
9.9 Those who choose to access this Website from locations outside the United Kingdom are responsible for compliance with local laws if and to the extent local laws are applicable.
9.10 We will take all reasonable precautions to keep the details of your Order and payment secure, but, unless we are negligent (and subject to condition 13), we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
9.11 If either you or we are in breach of the arrangements under these Terms, (i) the party in breach will not be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by both you and us at the time you place an Order and (ii) the liability of the party in breach shall be limited to the Contract value.
9.13 Subject to condition 9.1, we shall not be liable to you for any indirect loss of profit, loss of income, loss of business or depletion of goodwill which arises out of or in connection with the Contract, save that this will not prevent claims for loss or damage to your tangible property which are foreseeable.
10. Intellectual Property
10.1 Unless otherwise specified the copyright in the contents of all the pages in this Website are owned by or licensed to us. Unless otherwise specified, the authors of the literary and artistic works in the pages in this Website have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.
10.2 All trademark, service marks and trade names of After Dark are trademarks or registered trademarks of After Dark or its affiliates and third-party licensors, including, but not limited to: After Dark. The Website’s graphics, logos, page headers, button icons, scripts and service names are our trademarks or trade dress. After Dark’s trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
10.3 Except as stated in this condition 10.3, the contents of this Website may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, posted, re-posted or transmitted in any form or by any means without our prior express written permission. You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to, “caching” any material on this Website for access by third parties and “mirroring” any material on this Website. You may print the contents of an individual page of this Website for the purpose of private and personal non-commercial use.
11. Contacting us and complaints
11.1 If you want to ask us anything about these Terms or have any comments or complaints on or about this Website, please contact us by one of the following routes:
11.1.1 By email at firstname.lastname@example.org
11.1.2 By telephone to Customer Service to 07793 971210
11.1.3 By post, please write to us with your complaint to:
After Dark Evening Wear
46 Hendon Lane
London N3 1HF
11.2 If you have a complaint, please provide full details of the nature of your complaint, including the Goods purchased, your Order number, your name, address, daytime telephone number, email address and any other information which you think will assist us in resolving your problem as quickly as possible. We aim to deal with all complaints as effectively as possible. Our complaints handling procedure is designed to be fair, confidential, easy to use, speedy and informative.
12.1 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
12.2 These Terms and each Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts. Where national regulatory authorities have jurisdiction over the contents of this Website, we have attempted to ensure compliance with the requirements of such regulatory body. However, no representation or warranty is made as to whether the information available in this Website complies with the regulatory regime of countries from which the pages in this Website should not be accessed.
12.3 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic: we will contact you by email or provide you with information by posting on our website. All notices given by you to us must be sent by email to email@example.com or by post to the address set out in condition 11.1.3. Notices will be deemed served on the other party when posted on the Website, 24 hours after an e- mail is sent, or three days after the date of posting of any letter.
12.4 You may not transfer, assign, charge or dispose of a Contract, or any of your rights or obligations arising under these Terms, without our prior written consent.
12.5 If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.
13. Governing Law
These Terms are to be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any conflict of laws principle applicable in other jurisdictions. You agree to submit to the personal jurisdiction of the courts of the United Kingdom.