Terms and Conditions
Basis of sale
All orders placed on the website will be subject to acceptance in accordance with these terms and conditions. The following is required to create a contract between you and us:
Please follow the simple onscreen instructions taking you through the process of placing an order on the website. You place the order for your products by pressing ‘confirm’, in doing so you offer to buy the Goods at the prices indicated as well as any applicable delivery charges.
An order acknowledgement email will be sent to you detailing the products you have ordered. Please note this email is merely and acknowledgement of your order and not an acceptance or confirmation of your order with Minx Eveningwear.
Except for all Made to Measure products, the acceptance of your order and the completion of the contract between you and us will take place on dispatch of the products unless we have notified you that we do not accept your order or have cancelled it.
If you have ordered Made to Measure products the acceptance of your order and the completion of the contract between you and us will occur when you receive a confirmatory email from us, unless we have notified you that we do not accept your order or have cancelled it. Once we have accepted your order it becomes binding, subject to your rights of cancellation. Non-acceptance of an order by us will occur if: the ordered product is unavailable or discontinued; we identify a pricing or product description error; or we are unable to obtain authorisation for your payment.
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
1) in general
Access to and use of this web site and the products and search services available through this web site (collectively, the "services") are subject to the following terms, conditions and notices (the "terms of service"). by using the services, you are agreeing to all of these terms, conditions and notices, without modification. furthermore, you acknowledge that the terms of service may be updated by us from time to time. this web site also contains links to other web sites, web pages and services, which are not operated by Minx Eveningwear (the "linked sites"). your use of such linked sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. in any event your link through to such a site will be subject to the terms of service. you recognise that Minx Eveningwear has no control over such linked sites and information, and you accept that Minx Eveningwear provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
2) privacy policy
Under Minx Eveningwear's privacy policy we may disclose to third parties certain information contained in our users' registration applications, but we will not disclose your name, address, email address or telephone number unless we have informed you, been authorised by you, or are required to do so by law, subject to the data protection act 1998. our privacy policy may be found at privacy policy.
3) prohibitions
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any linked sites or community standards generally; transmit or distribute a virus; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Minx Eveningwear web site.
4) intellectual property, software and content
The intellectual property rights in all software made available and content supplied to you remains the property of Minx Eveningwear, its licensors, advertisers or content suppliers. you will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Minx Eveningwear, its licensors, advertisers or content suppliers. you may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. in no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Minx Eveningwear site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. you shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by Minx Eveningwear, its licensors, advertisers or content suppliers.
5) products and services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following terms and conditions. all requests are subject to availability and confirmation of the order price by us. dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland uk and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays. Minx Eveningwear is absolutely entitled to refuse any request made by you. if your order is accepted we will inform you by emailing you or else by calling you. we will also provide the identity of the party you have contracted with. this may be or in certain cases a third party. where a contract is made with a third party Minx Eveningwear is not acting as either agent or principal and the contract is made between yourself and that third party. when making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. it is your responsibility to inform us of any changes to these details as soon as possible. our returns policy. the cost of foreign products and services may fluctuate. all prices advertised are subject to such changes.
6) disclaimer of warranties
The services and all information, products and other content included in or accessible from this web site and the linked sites, are provided on an "as is" and "as available" basis and are subject to change at any time without notice to you. to the fullest extent permitted by law, Minx Eveningwear disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this web site or the linked sites.
7) disclaimer of liability
Unless expressly stated to the contrary to the fullest extent permitted by law Minx Eveningwear, its content providers, advertisers or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this web site or the linked sites, even if Minx Eveningwear had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. you have read this disclaimer and agree to it on the basis that you agree it is reasonable.
8) disclaimer as to ownership of trade marks
Eexcept where expressly stated to the contrary all persons, products, services and locations featuring on the Minx Eveningwear web site are in no way connected, associated, linked or affiliated to Minx Eveningwear. any trade marks/names as may be featured on the Minx Eveningwear web site are owned by the respective trade mark owners and Minx Eveningwear claims no connection, association or affiliation with them.
9) indemnity
You agree to indemnify, defend and hold harmless Minx Eveningwear, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Minx Eveningwear services, your breach of the terms of service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
10) variation of content
Minx Eveningwear shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the service or which appears on any page of the Minx Eveningwear web site.
11) submissions
Aall information and material submitted by you to Minx Eveningwearor that you publish on any public area of the Minx Eveningwear web site shall be provided by the submitter and accepted by Minx Eveningwear on a non-confidential basis subject to paragraph 2 above. furthermore, Minx Eveningwear shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Minx Eveningwear shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
12) termination
Minx Eveningwear may at any time terminate or suspend any part of the service without notice to you.
13) invalidity
if any part of the terms of service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms of service will not be affected all other clauses remaining in full force and effect. so far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
14) governing law
these terms and conditions shall be construed in accordance with english law and the courts of england or the jurisdiction in which you are resident or domiciled (at Minx Eveningwear’s election) shall have jurisdiction to resolve any disputes between you and Minx Eveningwear, without regard to any choice of law provisions or private international law. you hereby consent to the exclusive jurisdiction and venue of the royal courts of justice, strand, london, uk, for any and all disputes relating to the terms of service, use of this web site or any linked site in the event that Minx Eveningwear have elected england as the jurisdiction.
15) entire agreement
the above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Minx Eveningwear. any waiver of any provision of the terms of service will be effective only if in writing and signed by a director of Minx Eveningwear.
16) returns /refunds
Standard items
We must be notified or your intention to return or exchange the item within 3 days of you receiving it, either via the online form or otherwise. Dresses must be returned in the original condition with all tags in place, shipped at the customer’s expense within 7 days of notification. Please note that "Original condition" implies that the garment has not been worn, except to try it on for fit and appearance. Once the garment is received and inspected, a prompt refund or exchange will be issued, subject to all conditions being satisfied. Please note that an administration charge of £10 will be deducted per order, from the total refunded amount. Please also note that we will not accept returns without a return authorisation number, which must be written on the front of the package.
Made to Measure
Made to Measure products cannot be returned after you have received them, unless they have been inspected and confirmed as defective or ‘not as ordered’ by a representative of Minx Eveningwear.
You are responsible for paying the postage costs when returning any item to us and for your protection we recommend that you use a recorded delivery service and pack the items in the original box and packaging, if possible. Please also note that we will not accept returns without a return authorisation number, which must be written on the front of the package.
There are no refunds for shipping and handling charges unless it is a shipping error on our part.
You can return Standard items by post to:
Minx Eveningwear
Commerce House
2 Sussex Street
Bedale
N Yorkshire
DL8 2AJ
17) Made to Measure products
The products will be made specifically to your order in accordance with the instructions and specifications you have given us. It is your responsibility to check all details and aspects of your order are correct and suitable for your requirements, including measurements, dimensions, and product features such as style, fabric and colour. We do not accept responsibility for any inaccurate measurements provided by you.
18) Delivery Times
Our delivery times for made to measure dresses are between 10 – 12 weeks (unless indicated), depending on the demand for the product at any particular time. When accepting your order we will provide you with an expected delivery date. Delivery times are not guaranteed but we will do our utmost to ensure goods are delivered on the date specified.
19)Delivery Services
Minx Eveningwear uses Royal Mail Special Delivery service. This signed-for service includes cover for compensation against loss or damage to your goods whilst in transit. It has the added security of barcode tracking throughout the progress of delivery and is a priority service. Please note we can only post products to the cardholders address and cannot accept orders to PO box numbers, temporary accommodation, work premises or hotels.