These terms and conditions (“Terms and Conditions”) set out the legal terms that apply to your use of our website https://www.quotureclothing.com (the “Website”) and the other services that we provide (the “Services”).
Please read these Terms and Conditions carefully and make sure that you understand them, before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1. Understanding these terms and conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and quotation marks).
When we refer to “we”, “us” or “our”, we mean Quoture and it’s representatives. Where we refer to “you” or “your” we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions at any time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2. About Us
We are Quoture and we operate the Website. We are a company registered in San Antonio, Tx and our registered location is at 702 Fabulous Dr, San Antonio Texas. We provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below.
3. Our Services
The Services we offer allow you to search through the Website and purchase products directly from our inventory. As part of the Services, we also provide some ancillary services such as arranging delivery of the products and providing you with customer service assistance.
In order to use the Services you must be over 18 years of age.
4. The Products
We attempt to be as accurate as possible in the description of the products. The images of the products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products.
The products sold by Quoture are supplied for your domestic and private use only. You agree that you not will not use the products for any commercial, business or re-sale purposes. We do not have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5. Orders, Pricing, Payments
The steps you need to take to place an order are explained in the “How Do I Purchase An Item On Quoture?” section of our FAQ page.
By completing the check-out process and placing an order, you are offering to purchase the products from Quoture. Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and us. All orders are subject to availability and confirmation of the order price.
To order products you must be over 18 years of age and possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before sending it. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.).
A) Formation of the Contract Between You and Quoture
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by Quoture. The contract between you and Quoture in relation to the products will not be formed until we have checked that the we are able to fulfill your order. If we are able to process your order, we will send you an email confirming this. The confirmation email will include a description of the products included in the order and certain other information that pertains to the order. Only those products listed in the confirmation email are included in the contract between you and Quoture.
B) Pricing and Availability
While we try and ensure that all details, descriptions and prices that appear on the Website are accurate, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.
All prices listed are in U.S. currency. Shipping costs are not included in the prices and will be charged in addition. The shipping costs will vary depending on the products that you have ordered and your delivery address. Please see the “Orders, Shipping, and Returns” section of our FAQ page for further details of estimated shipping costs and times. The shipping costs applicable to your order will be clearly displayed on the Website before you place your order (and are included in the amount shown on the order summary page). Depending on your delivery address, different taxation rules and additional charges may apply. We will notify you during the checkout process if any additional costs will apply.
C) Payments
Please see the “What payment methods do you accept?” section of our FAQ page for details of what payment methods can be used. For information on when your payment will be debited from your account please see the “When will I be charged?” section on our FAQ page.
Once we have verified your payment details and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we encounter a problem when processing your order, we will email you explaining the problem and possibly requesting further information to try and resolve the problem.
We reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorization for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
6. Delivery
The estimated delivery date of the products will be stated in your order confirmation. We will try to ensure that your order is delivered by this date but there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section 15 below in relation to this). If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed.
Please also read the information on our FAQ page under the section “Orders, Shipping, and Returns” as this contains more information about your order and its delivery.
7. Shipping and Returns
A) Shipping
Shipping will be paid for by the customer (you). The shipping total will be calculated on an order by order basis and can be viewed on the “Checkout” screen. We do not ship to APO, FPO, or PO boxes. Currently, we only ship and sell withing the United States. Shipping prices are subject to change without notice.
Please allow up to 5 business days for order processing. Inclement weather, holidays, and high traffic times may increase your shipping time. Quoture is not responsible for any delay in shipping once the order is out of our possession.
B) Return Policy
The return process is as follows:
- Contact our support team within five days of delivery.
- We review your case and give you a free return label to ship with.
- You ship the item(s) back to us.
- We review the item(s) and refund your money.
All returned items must conform with our return policy. You must contact Quoture within five (5) days of delivery in order to return items. If contact is made after five days it is at the sole discretion of the store owner on how to proceed. After the five day period, we cannot guarantee that Quoture will accept the order for a refund. Once your return has been received by Quoture and it complies with our returns policy, we will refund you by your original payment method.
Refunds will be assessed based on an individual basis. A full refund will be given (i.e. original payment and original shipping cost) for any gross misrepresentation of items. Examples of this are human error (an item listed as the wrong size or receiving a different item than was purchased), mislabeling (an item listed as new with tags and there are no tags attached), or negligence on our part (failing to disclose large holes or broken hardware).
What is not considered gross misrepresentation:
- Color differences
- An item being too big/small
- Slight wear (if a used item)
- Inaccurate retail values
- An item not fitting properly
Any item that is returned for any reason other than gross misrepresentation will be subject to fees. If you would like a refund you will receive your original payment minus the shipping cost and applicable taxes and your order will be subject to a 20% restocking fee. If you would like store credit, you will receive credit for the original payment minus the initial shipping cost and applicable taxes.
To understand how large your refund will be, see the scenario below.
- You make a purchase for $100 and the shipping is $10
- If you want a refund you will receive $80 back to your original payment method
- If you want store credit you will receive $100 to be used online.
Returns that fall into this category:
- Item doesn’t fit properly
- Not happy with the item
- Changed your mind
- Not the right color
- Received the item as a gift
- Doesn’t look as nice as in the pictures
- Rather buy something else
- Any other reason that does not constitute a gross misrepresentation of the item
We strongly advise all customers to check garments thoroughly upon delivery before removing any attached tags and before disposing of any original packaging. If the item comes with a security tag this must be left on. If the security tag is removed then the returned item will not comply with the returns policy and will not be refunded. We recommend that you return items in their original packaging to ensure the necessary protection when in transit.
All items must be returned unworn, unwashed, undamaged and unused with their original tags (if tags were present at purchase). Footwear and accessories must be returned in the original boxes or packaging provided. We do not accept returns for undergarments, makeup, jewelry, or final sale items (select promotions are considered final sale and cannot be returned.)
Please contact our team if you have any queries relating to our return policy. See our About Us page for contact information, or click the link at the bottom of this page.
8. Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
A) Access to the Website
The Website is made available free of charge. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirements that the same communications would have in writing.
B) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”.
To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
C) Linking
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
D) Our liability in relation to the Website
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
9. Privacy Policy
We only use your personal information in accordance with our privacy policy. You do not have to give us any personal data in order to use most of our Website; however, if you wish to send us a message, use the Personal Stylist feature, or receive our newsletter and special offers via email or order products and services, you will need to provide certain information to us. This may include your name, address or location, phone number and email address and when using our contact form, your message and any other information you wish to provide to us. We ask for your phone number to allow us to process your order and to let you know the status of your order. This number may be given to our courier for delivery services in order for us to keep you informed.
Please note we do not keep your payment card details on file. We use a third party provider (PayPal) to process payments, and only this entity sees your payment card details
We are committed to protecting your privacy so we do not currently store any financial data including (but not limited to) credit card number, debit card number, and bank account. All payments will run through Paypal in order to maintain the utmost security. To understand how Paypal uses your data and the policies that they hold go to www.paypal.com to view their Privacy Policy. By using the Website, you consent to the use of your data as described above and you warrant that all data provided by you is accurate.
If you make a purchase on our Website, we may also use your details to email you our newsletter and to tell you about our special offers from time to time. Please note that any telephone or email communications will only be made by us. We do not sell or otherwise pass your details to third parties for marketing purposes. You can opt-out of these communications at any time via the “unsubscribe” link on any email.
10. Intellectual Property, Software, Content
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“Content”). The rights in the Website and the Content are protected by any relevant national law concerning copyright, authors’ rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
11. Other Important Information
Severability – Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver – If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by the owner), and that will not mean that we will automatically waive any later breach by you.
Governing law and jurisdiction – These Terms and Conditions are governed by American law. The various courts of the United States shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
Entire agreement – These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control – We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Partner Boutiques’ reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints – We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.