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Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND YOUR ORDER FOR FUTURE REFERENCE.

This page states the Terms and Conditions (the "Terms") under which You may use the website located at www.tulchanonline.co.uk (the "Website") and which govern Our supply of goods to You.

Tulchan Textiles Limited, referred to as "We", "Us" or "Our" in these Terms, may revise these Terms at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on You. Continued use of the Website constitutes Your agreement to all such revised Terms. If You do not accept the Terms and Conditions stated here, do not use the Website.

The terms "You", "Your", "Yourself" and "Yours", when used in these Terms, includes any user of the Website, whether such user is a consumer or a business.

1. Formation of the Contract

Currently, orders for goods from this website may only be placed by consumers.

Where You place an order for goods as a consumer no contract exists between You and Us for the sale of any goods until You have received confirmation that Your order has been dispatched. Before confirmation, You will be shown an itemised list of products which you intend to order, along with their prices and the total price you are committing to pay. We will not take any payment from You until Your order is confirmed as dispatched. Once You receive confirmation that Your order has been dispatched, there is a binding legal contract between the parties (the "Contract"). Any goods on the same order which are not confirmed as having been dispatched do not form part of that Contract.

In using this Website and by placing an order, You warrant that You are legally capable of entering into binding contracts and You are at least 18 years old.

2. Description and price of the goods

The description and price of the goods You order will be as shown on this Website at the time You submit Your order. You can correct any errors to Your order up to the point at which You click on "Complete Order" on the final page of the ordering process.

We take our legal obligation to provide you with goods of suitable quality very seriously. Sometimes the product specifications of goods may change, in which case We will offer You a reasonable substitute of the same or better quality at the same price. All sizes and measurements are approximate but We try to make sure that they are as accurate as possible. On the rare occasion that there is an error, We will advise You about it within a reasonable amount of time.

The goods are subject to availability. If, on receipt of Your order, the goods You have ordered are not available in stock, We will inform You within a reasonable amount of time and You are free to cancel Your order if You wish to do so. If You cancel Your order We will refund or credit You for any sum that has been paid by You or debited from Your credit card or other account for those goods.

There may be restrictions in place from time to time in relation to the number and type of goods which You may purchase in any one order, as well as a maximum sum of money which may be spent on any one order. Any such restrictions will be advised on this Website.

Every effort is made to ensure that prices shown on this Website are accurate at the time You place Your order. If an error is found, We will inform You within a reasonable amount of time and offer You the option of reconfirming Your order at the correct price or cancelling Your order. If You cancel, We will refund or credit You for any sum that has been paid by You or debited from Your credit card or other account for the goods.

Save as set out on the Website the price of the goods does not include the cost of delivery. Details of delivery charges are shown on the Website. Prices and delivery charges include VAT where applicable. Where appropriate VAT is charged at the rate prevailing at the relevant tax point and will be shown separately on Your invoice/statement.

Goods and promotions which We offer on the Website may not necessarily be available in store and vice versa. Offers are only available subject to their specific terms and conditions which are shown on the Website.

Any celebrities named or featured by Tulchan or on tulchanonline.co.uk have not endorsed, recommended or approved the items on site.

3. Payment

Payment for the goods and delivery charges can be made by any method shown on the Website at the time You place Your order.

Credit or debit card information is recorded at the point at which You submit Your order, with Your card being authorised against the transaction. However, We will not take any payment until Your order is confirmed as dispatched.

4. Delivery

The goods You order will be delivered to the address You gave when You placed Your order, subject to payment of the relevant delivery charge. If We do not deliver to a particular destination, You will be so notified by Us before You submit Your order or as soon as possible thereafter.

We aim to dispatch all deliveries within 48 hours (Monday - Friday but excluding Bank or public holidays in England, Scotland and Wales) or as soon as possible thereafter subject to the goods being in stock. You may need to sign for the goods at the point of delivery.

If there is no one at the address given who can accept delivery of the goods, the postman or courier should notify You of an alternative delivery date, or a place to collect the goods, or details of how to arrange an alternative delivery date.

Every effort will be made to deliver the goods as soon as possible after Your order has been accepted by Us and in any event within 30 days of Your order. However, We will not be liable for any loss or damage suffered by You through any reasonable or unavoidable delay in delivery. We will inform You of any delay as soon as possible.

5. Your right of cancellation

You have the right to cancel the Contract at any time up to the end of fourteen days after You receive the goods. If Your order arrived in more than one delivery, the cancellation period begins to run on the day after the final delivery was made.

To exercise Your right of cancellation, You must give written notice to Us by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery. If you only wish to cancel part of an order, you must specify the items comprising that part and give their product codes (available from the website or from your order confirmation).

If You exercise Your right of cancellation after the goods have been delivered to You, You will be responsible for returning the goods to Us at Your own cost (unless We delivered the goods in error or if the goods are damaged or defective when delivered). The goods must be returned to the address shown below. You must take all reasonable care to ensure the goods are not damaged in the meantime or in transit.

Once You have notified Us that You are cancelling the Contract, and provided the goods have been received in an acceptable condition, We will refund or credit You within 14 days of Our receiving the goods for any sum that has been paid by You or debited from Your credit card or other account for the goods.

6. Refunds

Refunds are at our sole discretion. If You wish to obtain a refund, goods must be returned to the address below within 30 days of your receipt of those goods, in the same condition in which they were sent to You and the returns policy will apply. We will notify You of any refund via email within a reasonable period of time. We will usually refund any money received from You using the same method originally used by You to pay for Your purchase. If We are making a refund to You We will usually process the refund due to You as soon as possible and, in any case, within 14days of the day on which we receive the goods back from you.

If You wish to obtain a refund because of a defect in the goods You will be refunded in full, provided that We are satisfied that the defect is genuine and that We cannot replace the goods within a reasonable period of time. Faulty garments may be returned using the enclosed pre-paid returns label at Our expense.

Nothing in this clause affects Your rights under clause 5.

7. Risk and Title

You will become the owner of the goods You ordered and responsible for risk of loss of or damage to them once they have been delivered to You.

Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain in Us until We have received payment of the full price of (a) all goods the subject of the Contract and (b) all other goods supplied by Us to You under any other contract whatsoever.

Until property in and title to the goods passes to You:

  • You shall keep the goods properly stored, protected and insured and separate from all or any other goods whether belonging to Us, You or any third party;
  • We shall be entitled at any time forthwith to revoke Your power to deal with the goods; and it shall automatically cease if an Insolvency Event shall occur in respect of You; and
  • You shall not make any modification to the goods or their packaging or alter remove or tamper with any marks, numbers or other means of identification used on or in relation to the goods.

Upon termination of Your power to deal with the goods You shall place the goods at Our disposal and We and Our servants and agents are hereby irrevocably authorised without the need for consent of any third party but using only such force as may be necessary, to enter upon any of Your premises for the purpose of removing the goods.

8. Warranty

If any goods You receive from Us are damaged, defective or incorrect, You should notify Us in writing at the address, fax number or email address shown below and We will provide You with a replacement free of charge provided that You return the damaged, defective or incorrect item to Us within a reasonable time. This does not affect Your statutory rights.

This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, use otherwise than as recommended by Us, or failure to follow Our instructions.

9. Your information (Data Protection)

Please see our Privacy Policy for details of how your information will be used by us.

10. Cookies

Please see our Cookie Policy

11. Copyright

All content including pictures, designs, logos, photographs, text written and other materials on this Website are owned, controlled or licensed to Us. They are protected by copyright, trademarks and other intellectual property rights. Unauthorised use of this content is prohibited.

12. Links

These Terms only cover this Website. Any links within this Website are for convenience only. We accept no responsibility or liability for the content of websites which are not under Our control. You use such other websites at your own risk.

13. Limitation of Liability

The Terms and this clause 13 do not affect Your statutory rights if you are dealing as a consumer when purchasing the goods.

We shall not be liable to You in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which You may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by Us, or Our agents, in a sum which is greater than the total price of the Contract.

We shall not be liable to You in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits, business, goodwill, reputation, revenue or business opportunity whether direct or indirect and for any other indirect or consequential (including economic) loss of any kind which You may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by Us or our agents.

Nothing in these Terms shall operate so as to:

  • exclude either party's non-excludable liability in respect of death or personal injury caused by its negligence or the negligence of its servants or agents; or
  • affect Your statutory rights where goods are sold to You and You are dealing as a consumer within the meaning of the Unfair Contract Terms Act; or
  • exclude the application of Section 12 of the Sale of Goods Act 1979; or
  • exclude liability for fraudulent misrepresentation.

We will not be held responsible for any delay or failure to comply with the obligations under these Terms if the delay or failure arises from any cause which is beyond Our reasonable control.

We do not warrant that the Website will operate error-free nor that the Website and its server are free of computer viruses. If Your use of the Website results in the need for servicing or replacing equipment or data, We are not responsible for those costs.

Save as set out in these Terms, We, to the fullest extent permitted by law, exclude all warranties, conditions and implied terms, including the warranty of satisfactory quality, non-infringement of third parties' rights, and the warranty of fitness for particular purpose.

14. Applicable law

The construction, validity and performance of these Terms shall be governed in all respects by the laws of England and Wales. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the English courts and the parties waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.

The website is based in England. Access to the website and the material it contains from other countries may not comply with local law.

15. General

For the avoidance of doubt nothing in these Terms shall confer on any third party any benefit or the right to enforce any provision of these Terms.

The rights and remedies of each party in respect of these Terms shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by one party to the other nor by any failure of or delay by a party in ascertaining or exercising any such rights or remedies.

The provisions of these Terms are severable and distinct from one another, and, if at any time any of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired.

16. Customs

When ordering goods for delivery overseas, You may be subject to import duties

17. Contact Details

This Website is owned and operated by:

Tulchan Textiles Limited, Bridge Mill, Cowan Bridge, Carnforth, LA6 2HS

Registered in England No. 1872211
VAT Registration No. 879699911

18. Registered Office:

TS2 Pinewood Business Park, Coleshill Road, Birmingham, B37 7HG

19. You can contact us by:

Phone: 0800 999 2045 - Please note that calls may be recorded or monitored for training purposes.

Fax: 01524 272541 Email: customerservices@tulchanonline.co.uk

20. Complaints

In the unlikely event that You are unhappy with Our goods or with Our service to You, please refer complaints to: Customer Services, Tulchan Textiles, Bridge Mill, Cowan Bridge, Carnforth, Lancashire, LA6 2HS

 

MODA Trade Competition

1. You will be automatically entered into a free prize draw when you hand over your entry form at our Moda Stand R71.
2. Winners must be over 18 years of age and resident in the UK. Employees of Tulchan Textiles Ltd, their families, agents or anyone else connected with this promotion, are not eligible to win.
3. By entering, the participant agrees to be bound by these Terms and Conditions.
4. There is one prize of £500 off your 1 st Order completed whilst at the Moda Show 2016.
5. The free prize draw is ongoing for the duration of Moda Show 2016 and the winner will be selected at random from all entries received, at the close of the show.
6. The winner will be notified by e-mail within 14 days of the draw date.
7. The prize must be claimed and used, by the winner, against their order placed at the Moda Show 2016.
8. The prize is not transferable and no cash alternative is available.
9. If you are a winner, the Promoter may request you to participate in any publicity or promotion organised by the Promoter including promotional photographs.
10. The Promoter is Tulchan Textiles Ltd, Bridge Mill, Cowan Bridge, Carnforth, Lancs. LA6 2HS.
11. Tulchan Textiles Ltd - Registered address; Pinewood Business Park, Coleshill Road, Birmingham, B37 7HG.
12. Details of the winner will be available four weeks after the draw dates by sending an SAE to Tulchan Textiles Ltd, Bridge Mill, Cowan Bridge, Carnforth, Lancs. LA6 2HS.
13. The Promoter reserves the right to withdraw this offer or amend these Terms and Conditions at any time without notice.
14. In the event of any dispute regarding the Terms and Conditions, the conduct, results and any other matters relating to this prize draw, the decision of the Promoter shall be final and no correspondence or discussion shall be entered into.