Terms and Conditions
This website is owned and operated by Phase Eight (Fashion & Design) Limited, we are registered in England (number 1735454) and based at 21 Carnwath Rd London SW6 3HR VAT No 863 8642 87
Part 1 – Information about the Website and the Goods.
Welcome to the Phase Eight website terms and conditions for use. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you should not use or access this website. Please be aware that purchasing items from the internet provides a different shopping experience than from purchasing in store.
You should be aware that:
- We have made every effort to display as accurately as possible the colours of our products but the definition will depend on a number of issues including your computer display settings.
- All sizes and measurements are approximate.
- All products are subject to availability. We will inform you as soon as reasonably possible if any products you have ordered are not available.
- All prices are inclusive of UK VAT (but do not include delivery charges). Prices are correct at the time of order only and relate to orders placed via the website only in accordance with the terms and conditions relating to the sale of goods
- The goods and promotions that are offered on our site may not be available in-store and vice versa.
Before you place an order if you have any questions relating to these terms and conditions please contact us on 0207 471 4422. Please note that all calls to our web query line will be charged at the local or national rate depending on where you are calling from. The advertising of Phase Eight products on this website is an ‘Invitation to Treat’ and a contract between us and you will only be created in accordance with the terms and conditions set out below.
Part 2 – Buying Goods
You place an order with us by completing the following process:
On receipt of your order, we will send you an Order Confirmation email to the email address which you have provided to us. This email will contain your order number and details of the goods ordered. Note that this email is only to acknowledge that your order has been received, and is not acceptance by us of any offers to purchase goods. An Order Dispatch email will be sent and payment taken from your credit/debit card when the goods are being prepared for dispatch. This is when we have agreed to a contract with you.
We must receive full payment before we can accept your purchase as an order. Your order will only be deemed to be accepted by us when we dispatch that product to you and send you an Order Dispatch email which includes details of the product.
We reserve the right to refuse any order prior to acceptance. All prices and charges on the website are in UK pounds sterling. Delivery charges may apply and these will be displayed in the order process. All prices are, unless otherwise stated, inclusive of VAT and other applicable taxes.
Promotional Codes
From time to time promotional codes may be available to be redeemed on the Phase Eight website. Please check that you are eligible to use the promotional code, and that the code has not expired. Promotional codes are non-transferable or assignable and have a cash value of GBP 0.001. Only one promotional code can be used per order. Promotional codes cannot be used in conjunction with any other offer, including sales and markdowns.
Where a minimum purchase amount is required, this is exclusive of postage & packaging. Promotional vouchers cannot be used retrospectively, i.e. applied to orders already placed with us. Phase Eight reserves the right to cancel promotional codes at any time.
Part 3 - Returning Goods
We hope that you will be delighted with your purchase, however, should you wish to return anything purchased from Phase Eight online we will be happy to refund an item, provided it is in a re-saleable condition. Returns of full price items should be made within 28 days of purchase, whilst sale items should be returned within 10 days of receipt. All purchases must be returned in original condition & packaging. We regret for reasons of hygiene we are unable to refund or exchange pierced earrings.
If you return part or all of your order we will not refund the delivery charge as this part of our service to you has been completed. In the cases of incorrect, damaged or faulty goods, the delivery charge for a replacement to be sent out will not be charged.
Exchanges
If you would like to exchange a product, we suggest visiting your nearest Phase Eight standalone store, as we are unable to facilitate an exchange by post. Alternatively, you could place a subsequent order for the new product and return the original product as per our returns procedure outlined below.
Returns Process - by Post
- Tear off the bottom section of the Dispatch Note, received with the goods, and affix to the front of your parcel.
- Take the parcel to the Post Office. You will be issued with a receipt, which should be retained until the refund is processed.
Once we have received your returned items a refund will be processed onto the card used for payment within 14 days. Please note that it can take up to 21 days for your bank to credit your account. We are not liable and cannot take responsibility for any bank charges that you may incur during the refund process.
Returns process - to a Phase Eight Store
Please note that any PayPal purchase cannot be returned to a store, please use the free returns label provided and return by post. Please also note that online purchases cannot be exchanged or refunded at any Phase Eight concession or sale outlet store, which includes John Lewis, House of Fraser, Debenhams, Fenwicks, small independents and our sale store outlets in Ashford, Bath, Bridgend, Cheshire Oaks, Clarks Village, East Midlands, Livingston, Swindon and York.
To return full price items to a Phase Eight store, you must take them, in their original packaging, within 28 days of receipt and present your Dispatch Note as proof of purchase. The store will ask you the reason for the return and offer you an opportunity to exchange/refund. Refunds can only be issued onto the card used for payment.
Bridalwear purchased from the website cannot be returned to a Phase Eight shop, it must be returned to our warehouse using the Freepost Returns address and be in a pristine condition and in its original wrapping and box.
Sale items returned to the store, must be returned within 10 days of receipt and can only be exchanged or refunded onto a gift card.
Cancelling an order
If you would like to cancel your order before you have received the goods please contact us as soon as possible on 020 7471 4422 or by e-mail so that we can attempt to stop delivery. If your order has already been dispatched we may charge you for the delivery.
The Consumer Protection (Distance Selling) Regulations 2000 were introduced to reduce the risk of shopping online. If you would like to cancel your order under this legislation, please notify us in writing by e-mail within 7 working days after you have received the goods that you wish to cancel your order. You will be asked to return the items in good condition via post or to one of our stores.
Part 4 - Delivery
We deliver by YODEL courier to England, Wales, Scotland, Channel Islands and Northern Ireland, with a standard delivery charge of £2.95, and to the Republic of Ireland with a standard delivery charge of £9.95.
Where does YODEL deliver to?
We cannot deliver to international (excluding the Republic of Ireland), BFPO or University addresses. A signature will need to be obtained for every delivery.
Please be advised that when ordering to a business address, the driver will only be able to deliver up to the first floor, as the courier cannot deliver to any other floors.
Please note that there are some areas where delivery will take longer, because in some occasions YODEL pass the delivery over to a third party courier. If the parcel is handed over to a third party carrier, a signature will not need to be obtained. The postcode areas that may face longer delivery are: AB, BT1-99, DD8-11, GY1-99, HS1-8, HS9-99, IV1-56, JE1-99, KA27, KA28, KW1-3, KW5-17, PA20-49, PA60-78, PH19-26, PH30-41, PH49-50, PH42-44, TR21-25, ZE1-99, EIRE.
When will YODEL deliver?
First attempted delivery will be made within 5 working days, from point of order, and will be delivered between 7:00am - 19:00pm from Monday to Friday. YODEL will attempt to inform you of a time slot for when they will deliver the order via SMS text message service, please provide your mobile number when placing an order. Please note that this time is an estimate, and actual delivery time may differ depending on circumstances beyond our control. To track your YODEL delivery visit yodel.co.uk and use their ‘Track Your Parcel’ service. If your order is not delivered within the delivery time, please contact us.
What happens if I am not in when YODEL try to deliver?
All orders have to be signed for, and cannot be left in a specific location without capturing a signature. If we are unable to deliver your parcel on the first attempted delivery, YODEL will try and deliver it to a neighbour. If they are successful in delivering the parcel to a neighbour, they will notify you by leaving a card at your address which should inform you where to collect your parcel from. If they are unable to leave the parcel with a neighbour, they will leave a card asking you to rearrange the delivery date. YODEL will attempt to deliver the parcel on three separate occasions, and if the parcel is still not signed for by that stage, it will be returned to our distribution centre and your credit/debit card refunded. Once we have received your order back into the distribution centre the refund process will begin. Please note that it can take up to 21 days for your bank to credit your account.
If your order is lost in transit we reserve the right to investigate before we offer to replace or refund.
Part 5 - Payment
We accept payment from the following: Visa; Visa Delta / Electron; MasterCard; Maestro, and American Express. Your card must be registered to a UK or Republic Of Ireland billing address to pass our security checks.
Should you be purchasing Phase Eight goods from the Republic of Ireland, then please be advised that you will be charged in Euro’s, not Sterling. The amount you will be charged will be in accordance with the current exchange rate.
We engage Secure Trading, a payment provider, to process any credit/debit transaction you may make on our behalf. When you place an order, you will receive an e-mail sent by Secure Trading confirming your payment transaction details. You are responsible for ensuring the e-mail address and other contact details you provide to us are correct.
We will not be responsible if you do not receive the Dispatch Note, email or other confirmation from us where the details you have supplied are incorrect or in the event of communication failure outside our control.
At this moment in time we are unable to accept/redeem Phase Eight gift cards online.
Part 6 – General Notices and Disclaimers
We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside of our reasonable control (force majeure), including (but not limited to) snow, strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment. All notices which we need to give to you under these terms and conditions will be sent by us to your registered e-mail address.
These terms and conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the goods. They supersede any previous agreement or understanding in relation to the subject matter here of. No variation of these terms are binding on us unless agreed by us in writing.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected. Save to the extent that you exercise your right as a consumer to bring an action in or rely on the laws of your country of domicile, the interpretation, construction, effect and enforceability of these terms and conditions shall be governed by English Law, and you and we agree to submit to the non-exclusive jurisdiction of English courts for the determination of disputes.
Your Privacy
Phase Eight takes your privacy very seriously. We do not use the information you provide to us to learn any more about you other than what is required to meet your orders, to provide you with a better shopping experience, or as otherwise detailed in this condition. Any contact details gathered through press or customer enquiries will not be used for marketing purposes unless otherwise requested by the individual. For the purpose of the Data Protection Act 1998, the data controller is Phase Eight Ltd.
Information we may collect from you
We may collect and process the following data about you:
- Data which you provide when you create an online account in order to purchase products;
- Data which you provide when requesting any marketing information or when you enter promotions;
- Details of transactions you carry out through our website and of the fulfilment of your orders;
- Details of your visits to our site and the resources that you access.
How we store your data:
- We will keep the data which we collect from you on a secure server and we will fully comply with all applicable UK data protection legislation from time to time in place.
How we use our data:
- We may also use your data to provide you with information about goods and services which may be of interest to you, if you are an existing customer we will only contact you by email with information about goods and services similar to those which were the subject of a previous sale to you.
- If you are a new customer we will contact you by email only if you have consented to this.
- If you do not want us to use your data in this way, please tick the relevant box situated on the form on which we collect your data or on the form used to create your online account.
Cookies
A cookie is a small file stored on your computer by a website to give you a unique ID. Cookies help make it easier and faster for you to use our website because it can remember if you have visited the website before and they help us to provide you with information you need about your account details. We also use cookies to help keep track of your current shopping session and shopping bag content.
Competitions
By participating in any Competition you as an entrant agree to be bound by the Competition Rules (and any other rules which apply to each such Competition) and by our decisions, which are final in all matters relating to the Competition.
No purchase is necessary to enter a Competition. All prizes are non-transferable. Only one entry is allowed per person. Arrangements for the fulfilment of prizes will be made by us. We reserve the right in our sole discretion to substitute any and all prizes with prizes of comparable value.
In the event that you win a Competition, in order to be eligible for prizes, you (and guest if applicable) must (1) sign an affidavit of eligibility if requested; (2) release us from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with this Competition or the use or acceptance of the prize or any portion thereof save where due to our negligence; and (3) sign a promotional release granting the right to use your name and likeness for advertising and publicity purposes without additional compensation.
If you are a winner, you (and guest if applicable) must confirm your acceptance of the prize and complete all legal documents and return them to us within seven (7) working days of receipt from us. Non-compliance or notification returned as undeliverable as addressed will result in your disqualification as a winner and an alternative winner will be selected.
The receipt, by you if you are a winner, of any of the prize components of a Competition is conditional upon compliance with any and all laws, rules and regulations including without limitation the Competition Rules.
We reserve the right to implement age requirements or other eligibility criteria where necessary. Competitions are not open to our employees or those of affiliated companies and subsidiaries, nor to any sponsors, nor to the immediate families of such employees or sponsors.
Winner(s) will be drawn at random from all competition entries. Winner(s) will be notified by email as soon as possible after the Competition draw. For the names of the winner(s), please send an email to webenquiries@phase-eight.co.uk specifying the Competition.
Winner(s) of Competitions agree that neither us nor our employees or any sponsors shall have any liability in connection with the acceptance or use of any of the prizes awarded herein. We reserve the right to disqualify any entrant and/or winner in our absolute discretion.
Phase Eight will not be responsible for transmission and/or computer error affecting the logging of entries to a Competition or any acknowledgment required of a User. Entries that are incomplete or late will not be accepted.
Phase Eight is committed to respecting your privacy and will not pass your details onto third parties. If you have opted to subscribe to our mailing list, your details will be used for this purpose only.
General Terms and Conditions
These notices and disclaimers govern your use of our website, www.phase-eight.co.uk. We do our best to ensure that the information on the website is accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of any information and cannot be held liable for any use or reliance you may make of or put on it except as specifically agreed with us in any further agreement we may make with you in writing.
We do our best to ensure that the website operates properly at all times, but we make no warranties as to the availability or accessibility of the website, and (save as otherwise set out in these notices and disclaimers) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the website.
Any link (be it a hypertext link or other referral device) used on the website is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked website. We are not responsible for the content of any websites that have links with the website or for the legal consequences of your entering into any contracts with the third parties that provide these linked websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury. Nothing in the above exclusions affects your statutory rights as a consumer. All Intellectual Property Rights and goodwill in or relating to the contents of the website belong to either Phase Eight or to our suppliers. In particular, the trade marks displayed are registered and nothing contained in these conditions or the website should be construed as granting by implication, estoppels, personal bar, or otherwise, any licence or right to use any of the trade marks without our permission.
However, copying and printing of those web pages which contain the trade marks is permitted within the scope of the licence contained at below. You may download to a local hard disk or memory device and print extracts from the website solely for personal, non-commercial use. You may also recopy downloaded extracts to others for their personal, non commercial use.
You may not reproduce part or all of the contents of the website in any form unless it is for personal, non commercial use. You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the content of the website in any form (whether hard copy, electronic or other).
You may not frame or link to the website or any part of it without our express permission. The interpretation, construction, effect and enforceability of this agreement shall be governed by English Law, and you and we agree to submit to the jurisdiction of the English courts for the determination of disputes.
Part 7 – Changes to Website and Term and Conditions
We reserve the right at any time to make changes to the website, these terms and conditions, the Website Conditions of Use, Privacy Policy and such other policies as we may notify you of from time to time.
You will be subject to the policies and terms and conditions in force at the time you order items using the website.
Changes which we are required to make by law could apply to orders which you have already made.
If any of the terms and conditions forming the contract between us are deemed invalid void or unenforceable for any reason, they will be deemed severable and will not affect the validity or enforceability of the remaining terms and conditions.
