Canary Hues supplies products listed on this website, under the following Terms and Conditions. Please read these Terms and Conditions, and our Privacy and Cookie Policies carefully before using any of our websites, or ordering from us.
The Terms and Conditions apply to your use of the Canary Hues website and to any products you purchase from us; regardless of how you access the website, including any technologies or devices where our website is available to you at home or on mobile.
We reserve the right to update these Terms and Conditions at any time, and any updates affecting you or your purchases will be notified to you on this page.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
We recommend that you print and keep a copy of these Terms and Conditions for your future reference.
General Terms
These General Terms and Conditions of Sale apply to any products you purchase from our stores, and any orders from Canary Hues that you place through our website. These terms and conditions apply regardless of how you access the website, including via any device by which we make our website available to you.
You must read these terms and conditions carefully. When placing an order through the website, you will be asked to confirm that you have read, understood and agree to the terms and conditions in their entirety. If you do not agree to these, you must not order any product(s) through the website.
- Placing Orders
- To place an order you can either open an account with us, or you can login with an existing PayPal, or Amazon account or you can use our Guest Checkout. If opening an account with Canary Hues, you will be required to provide us with some compulsory personal information.
- We shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your personal information. Should you become aware of or suspect any unauthorized use of your account, please contact us.
- If we are suspicious of any activity from your account that appears fraudulent, we can reserve the right to refuse you access to, and where necessary, delete your account.
- If you use our Guest Checkout we will retain your personal information in order to process your order. If you already have an Account we will attempt to match your personal data with your existing account information if not we will retain your information for future orders that you might make.
- Order Acceptance
- Completion of checkout online does not constitute our acceptance of your order from us. You will be notified by email as soon as possible with confirmation that we are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch of the product(s) is confirmed.
- We have the right, prior to dispatching the product(s) to decline an order for any reason, including legal and regulatory reasons.
- Our contract with you will start when you receive the order dispatch email and remain in place until the last day of your right to return the products.
- If we cannot supply you with the all of the products you ordered, we will not process the parts of your order unavailable. We will inform you of this by email and, if you have already paid for the product(s), refund you in full for the item(s) as soon as reasonably possible.
- If the fulfilment of any aspect of an order would be illegal or unlawful, we have the right to stop or cease to fulfil the order at any time, including after dispatch of products or notification to you that the order is being processed. In such circumstances, you acknowledge that Yours Clothing shall incur no liability.
- Payment
- During the checkout process, you will be asked to enter your payment details. All fields indicated as compulsory must be completed.
- By completing payment details you confirm that the method being used to make payment belongs to you, or is in your name where an agreement is entered into with any credit or third party provider.
- We do not store your payment information, however third party providers used by us may be using encrypted secure payment mechanisms that could store your data. Please see individual payment providers websites for further information on how they hold your personal information collected at payment.
- We take full payment immediately for all products, unless you sign up to pay for your order using our third party credit provider. Card payments will be subject to authorization from your card issuer, and credit facilities subject to a credit check.
- Products ordered remain the property of Canary Hues until they have been collected in store, or we have delivered them to the address specified by you.
- If you have already received the products you ordered from us, but your payment was not received, you must either pay for the items, or return them to us in the same condition that you received them, in accordance with our reasonable return instructions and at your own expense. If you fail to do this within 30 days from the date on which we notify you of cancellation of the order, we may arrange for collection of the products at your expense.
- We reserve the right to charge you for any and all damage to any products that are the subject of an unpaid order.
- Delivery and Collection Delivery
- Timescales and charges for delivery vary depending on the products ordered, your delivery address and country, and the delivery services available.
- Delivery will be to the address or store specified in your order. If no one is available at a residential or other address at the time of delivery, our courier will advise whether your order has been left in a specified safe place, or returned to depot/post office.
- When the products are delivered to the delivery address specified in your order, all risk including of loss or damage to the products shall pass to you.
- We shall be under no liability for any failure to deliver products when specified if the delay or failure is wholly or partly caused by circumstances beyond our control.
- In the USA, delivery charge refunds can only be made in accordance with your statutory rights under the Consumer Contracts Regulations 2013 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your statutory rights see “Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice center.
- Collection from store:
- When you collect your order from a store, you will need to bring a printout of your order confirmation and photographic proof of your identity. We will notify you when your order is ready to be collected from your chosen store.
- Canary Hues products are sold on the basis that delivery duty is unpaid. You, as the recipient, may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and before placing an order for international delivery, you are required to check these details.
- It will be your sole responsibility, where applicable to comply with any export controls or sanctions rules applied to products supplied to you.
- Where free delivery is offered over a spend threshold any returns that when refunded reduce the order below that threshold then the original delivery charge will be applied to the order and the refund reduced accordingly. Offer excludes gift cards. The basket value for the threshold is calculated after any promotions are applied to the order.
- Delays
- We will make every effort to keep you informed should supply of your product(s) be prevented or delayed for reasons beyond our control.
- We shall be under no liability to you for such delay or failure of products being delivered when originally specified.
- Changes to an Order
- Any changes to your order must be notified to us prior to their dispatch, and be in writing (via email).
- When an order is placed, you cannot make changes to your name or address once your order has been dispatched.
- If you amend or change your order this could lead to changes to your delivery timetable.
- If you amend or change your order you may also find the item is no longer available, or that the price has changed for which you may be charged.
- Refunds & Returns
- To exercise your right to cancel your contract with us, you must inform us of your decision by email or phone call within 10 calendar days after the day you received the products, which you can do by emailing us at sales@canaryhues.com.
- While the products are in your position, you must take reasonable care of them until you return them to us.
- You shall send back any products or return them to us, without undue delay and in any event not later than 10 days from the day you communicate your cancellation of the contract to us.
- The deadline is met if you send back any products before the 10 days has expired. You will have to pay any direct cost of returning any products to us.
- We will process your refund within 5 business days of receipt of the products.
- For products delivered to a third party, at your request in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us.