These are the terms and conditions which apply to your purchase of clothing, accessories and other goods ("Goods") from the Mackays web site at www.sexlude.com (the "Website").
The Website and Goods are provided by Mackays Stores Limited, a company registered under the Companies Acts (Company Number SC036368 and VAT number 263808936) and trading as M&Co ("Mackays", "we", "us", "our"). Our registered office is at Caledonia House, 5 Inchinnan Drive, Inchinnan Business Park, Inchinnan, Renfrew, PA4 9AF.
When we refer to "you" and "your" we mean the user of the Website whether or not the person is purchasing Goods from our Website ("User"). These are the terms and conditions ("the Terms and Conditions") which relate to your use of the Website and any purchase of Goods you make from the Website.
The Terms and Conditions contain the following sections:
Please read them carefully before using or purchasing goods from this Website. By using the Website you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions you are not permitted to use or purchase Goods from this Website. We recommend that you print or store a copy of these Terms and Conditions for future reference.
We reserve the right to change the Terms and Conditions under which the website is offered at any time. Any such change in Terms and Conditions will be effective once reflected in the text of these Terms and Conditions and published on this web page. You should check the Terms and Conditions periodically to ensure that you are aware of and complying with the current version.
If you have any queries, comments or complaints about these Terms and Conditions, our Website or Goods please contact us here or write to us at Caledonia House, 5 Inchinnan Drive, Inchinnan Business Park, Inchinnan, Renfrew, PA4 9AF.
This Part sets out some terms about information on the Website, descriptions of Goods and how you use the Website.
1.1 We try to make sure that all information on the Website, including descriptions of our Goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and, if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website.
1.2 You should bear in mind that buying clothing and accessories over the internet provides a different shopping experience to buying in-store. In particular you acknowledge that:
2.1 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 Terms and Conditions) 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.
3.1 Any link (be it a hypertext link or other referral device) to any content of any other website ("3rd party site") accessed through this Website is provided solely for the use and convenience of the User. We do not endorse or approve the content of any 3rd party site. We are not responsible for the content of any 3rd party site nor will we have any liability in connection with any 3rd party site (including, but not limited to, liability arising out of any allegation that the content of any 3rd party site infringes any law or the rights of any person or entity).
4.1 All intellectual property rights and goodwill in or relating to the content of the Website belongs to either us or to our suppliers.
4.2 Nothing contained in these Terms and Conditions or the Website should be construed as granting by implication, estoppel, personal bar, or otherwise, any licence or right to use any of the intellectual property rights in the Website and its content without our permission. However, copying and printing of the Website pages is permitted within the scope of the licence below.
4.3 You may download to a local hard disk and print extracts from the Website solely for personal non-commercial use. You may also recopy extracts downloaded in accordance with this paragraph to others for their personal, non commercial use.
4.4 You may not reproduce part or all of the contents of the Website in any form unless it is for personal, non commercial use.
4.5 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).
4.6 You may not frame the Website or link to any part of it without our express written permission. If you would like to link to the Website, please email us at email@example.com.
4.7 Notwithstanding the above, caching of this site is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce ( EC Directive) Regulations 2002.
5.1 You must be 18 years of age or older to register with the Website and to purchase goods from the Website. By registering to use the Website you warrant that you are aged 18 years of age or older.
5.2 You agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws.
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This Part sets out the terms which apply to your purchase of Goods from us through the Website.
6.1 You make an offer to purchase Goods from us (your "Order") by completing the staged process on the Website as set out below:
6.2 Your Order only constitutes an offer to purchase Goods from us, and does not form a binding contract until accepted by us. Where you order more than one item your Order contains a series of offers for each item individually.
6.3 On receipt of your Order, we will send you an acknowledgement email to the email address you supplied in the Order process. This acknowledgement email will contain your Order number, details of the Goods ordered, total cost of the Order, and a delivery estimate. This email is not acceptance by us of any offers to purchase Goods.
6.4 We will notify acceptance of your offer to purchase a product by sending an email advising that your Order has been accepted and despatched ("Acceptance Email"). This Acceptance Email constitutes acceptance by us of your offer and only at this stage is a binding contract created. Until this point you may vary or cancel your Order. We reserve the right to refuse any offer in your Order prior to the acceptance from us of the offer.
6.5 We must receive full payment of the price of Goods and the delivery charges before we can accept any offers to purchase Goods from the Website. Where you pay by credit or debit card we will process the payment at the time of preparing your Order of Goods for despatch.
7.1 All Orders are subject to availability. Stock availability can be checked online using the availability grids found on each product page. If you have any queries, please contact customer services through our Help Centre.
7.2 Unfortunately, we cannot ensure permanent availability of all items although we will try our hardest. Once we have received your Order, if something is out of stock or is otherwise unavailable we will notify you of this by email. If an item is out of stock or is otherwise unavailable we will notify you by email or phone that the item is unavailable and suggest alternative items of Goods you may wish to order. On being notified that the item is unavailable, you may elect to (1) order an alternative item by providing us by email or phone with details of the item you would like to order; or (2) cancel the Order by notifying us by email or phone that you wish to do so.
7.3 If the product is temporarily out of stock we will notify you by email or phone of when we might be able to deliver that item to you and give you the option of accepting this longer delivery period; ordering one or more alternative items of Goods or cancelling your Order.
7.4 Any item which is unavailable will not be included in the contract for the Order of Goods which is despatched. Where you order an alternative item, this will be considered to constitute a variation of your original offer to purchase Goods from us, and a binding contract will not be created until this offer is accepted by us in the form of an Acceptance Email.
7.5 We reserve the right to withdraw any Goods from the Website at any time before we accept your offer to purchase an item, and we will not be liable to you, or anyone else, for withdrawing goods.
8.1 All prices and charges on this Website are in UK Pounds Sterling and, unless otherwise stated, are inclusive of UK VAT and any other applicable taxes. Delivery charges will apply and these will be displayed in the order process.
8.2 Payment for Goods ordered online must be made through our Website using Visa, Visa electron, MasterCard, Maestro, Switch, Solo, American Express and Paypal. No other method of payment is accepted. Payment will be debited from the customer's credit or debit card at the time of preparing your Goods for despatch.
8.3 Gift vouchers purchased in stores are not accepted on the Website.
8.4 If you make a purchase using an electronic gift voucher and wish to cancel your Order and return the item, your account with the Website will be credited with the relevant amount to be used at a later date.
8.5 Price comparisons - where an item has been marked down and the previous selling price stated these goods were previously on sale in at least 10 of the 280 M&Co. | Mackays stores nationwide at the higher price.
9.1 We will deliver the ordered goods to the delivery address you supplied on the order form. If, however, the goods are returned undeliverable, we will treat the contract as cancelled, and the money paid to us, excluding the delivery charge will be refunded to you.
9.2 Delivery arrangements will depend on the location of the delivery address in the UK.
9.3 If your UK Delivery Order is acknowledged by email as received by us before 2pm noon on a working day and the item of Goods ordered is in stock we will endeavour to deliver your Order the next working day for Orders placed Monday to Thursday - see below for delivery times by day ("Next Day Delivery") - or within three to five working days ("Standard Delivery") depending on the delivery option selected in the Order process. Next Day Delivery is an additional service provided under a contract separate to that for the sale of the Goods. This additional service cannot be cancelled once we start to carry out this service. If you wish to cancel your Order, as outlined below, delivery costs will be refunded at Standard Delivery rates only. If your Order is acknowledged by email as received by us after 2pm on a working day or on a non-working day it will be deemed to have been received the following working day before 2pm for delivery purposes. The approximate delivery times are as follows:-
9.4 Please note that Standard Delivery times may vary depending on location.
9.5 A working day is a day which is not a Saturday, a Sunday, a bank holiday or other public holiday.
9.6 An estimated delivery time will be given in the Acceptance Email notifying you that your Order of Goods has been despatched. Although we will use all reasonable means to ensure that your Order of Goods is delivered within the time specified, we cannot accept responsibility for late deliveries that are due to circumstances outside our reasonable control. However, where reasonably possible, we will inform you if we become aware of any unexpected delay in delivery.
9.7 When the goods have been delivered to you, and you have paid the price, you will become the owner of those goods, at which point they will be your risk, and you will be liable for any subsequent damage, loss or destruction.
9.8 UK Delivery Orders will be delivered by Hermes (Standard Delivery) or Parcel Force (Next Day Delivery and Guaranteed Saturday Delivery)and a signature acknowledging receipt of the Order at the delivery address will be required. UK Delivery costs will be £3.50 for Standard Delivery and £4.95 for Next Day Delivery. Where the total cost of a UK Delivery Order is less than £5, the Order will be sent by standard postal delivery at a cost of £3.50. Free standard delivery is only available on online orders of £50 or more spent in a single transaction. If items from an order eligible for free delivery are returned taking the outstanding value of the goods below the free delivery threshold of £40 the value of the returned goods will be refunded minus the cost of standard postage and packaging, £3.50. M&Co. reserve the right to discontinue a free delivery promotion at any time without prior notice and to change the amount required for eligibility.
9.9 Please note that promotional discounts do not include postage and packaging, unless otherwise stated.
10.1 You must choose a password for your user's account on completion of registration. You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times. You are responsible for preventing unauthorised persons from using password and all other details. You are responsible for all use of your account using your password and shall only use the Website using your own log-in details and password. You must use every effort to keep your password safe and should not disclose it or permit it to be used by any other person. Please contact us immediately if you suspect that the security of your account is at risk.
10.2 All Mackays online purchases take place in a safe environment using the latest security technology to protect our customers.
10.3 We encrypt your debit or credit card information to ensure your transactions with us are private and protected as they travel over the Internet. We accept orders only from web browsers that permit communication through Secure Socket Layer (SSL) technology. This means you cannot inadvertently place an order through an unsecured connection. Most web browsers above Version 3 support this security.
10.4 Your payment details are held in an encrypted format until we process your Order. All Orders are processed on computers that are not connected to the internet. This encryption protects against unauthorised parties reading information that you send us. 10.5 If you have questions regarding our credit card security policies, please contact customer services.
11.1 You can cancel your Order for any reason within 15 days of receipt of the Goods ("Statutory Cancellation Period") for a full refund or an exchange credit. To cancel your Order please write to us at Web Team, Caledonia House, 5 Inchinnan Drive, Inchinnan Business Park, Inchinnan, Renfrew, PA4 9AF or email customer services. This right to cancel for any reason under these Terms and Conditions is in accordance with the Consumer Contracts Regulations 2013.
Download our standard cancellation/withdrawal form
11.2 If you cancel your Order within the Statutory Cancellation Period and the Goods have been delivered, or are subsequently delivered to you, you must return the Goods to us within 14 days of cancellation and take reasonable care of them while they are in your possession. Details on how to return the Goods are given below. If Goods are not returned to us you will be charged for the direct costs incurred by us in recovering the Goods. Your obligation to take reasonable care of the Goods while they are in your possession extends to ensuring that hygiene seals are not removed and that items are not soiled or damaged while in your possession.
11.3 If you cancel your Order within the Statutory Cancellation Period we will refund the price of the Goods, together with the cost of Standard Delivery, to the debit or credit card used in the original transaction within 14 days. If, however, we consider that reasonable care has not been taken of the Goods while they were in your possession we will seek to recover the cost of the Goods from you. This does not affect your statutory rights.
11.4 In addition to your cancellation rights under the Consumer Contracts Regulations 2013, we will give you a further 13 day period (commencing the day after the Statutory Cancellation Period) to cancel your Order and obtain a refund subject to Clauses 11.4 and 11.5. To cancel your Order within this 13 day period and obtain a refund you must return the Goods together with the returns form (enclosed with your Order of Goods). Details on how to return the Goods are given below.
11.5 Following the Statutory Cancellation Period, if you cancel your Order or return the Goods, we will not refund any delivery charges incurred by you for the Order. In addition, we will not provide a refund in respect of Goods which we reasonably consider to have been worn for an unacceptable length of time, have had their labels removed or have been soiled or damaged in any way.
11.6 Your refund will be credited to the debit or credit card used in the original transaction. Please note that refunds for goods bought as gifts can only be given to the debit or credit cardholder (the original payer).
If you change your mind and wish to return any item(s) due to the item(s) being unsuitable, you must return the item(s) to us within 28 days starting from date of delivery in order to receive a full refund via the original payment method. This date will be printed on the invoice which is included in your order. If you receive an item which is faulty, this period is extended to 30 days. If you would like more information on your rights as a consumer, please refer to The Consumer Rights Act 2015.
There are 3 ways in which you can return goods to us;
To return your Order of Goods via post:
1. There is no need to telephone us when sending us a return.
2. Fill out the returns form enclosed with your Order of Goods. Please enter the quantity of the item you are returning and select a reason for return from the eight options.
3. Tear down the vertical perforation then tear down the horizontal perforation to detach the free returns label (only applicable when returning from a UK post office and using Royal Mail as the carrier method).
4. Place the return section inside the parcel and attach the free return label (only applicable when returning from a UK post office and using Royal Mail as the carrier method) by removing the adhesive backing.
5. Take the parcel to your local post office. Please retain your proof of postage stamp.
6. If you don't have your returns label, please send your parcel(s) to:
New Caledonia House
5 Inchinnan Drive
7. We will email to confirm your return has been processed.
To return your Order of Goods via Collect +
1. There is no need to contact us when returning your item(s).
2. Fill out the returns form enclosed with your Order of Goods (this can be found on the right side of the parcel summary section. Please enter the quantity of the item you are returning and select a reason for return from the options provided.
3. Peel off the label on your Collect+ insert and stick it onto your parcel.
4. Take your parcel to ANY of 4000 local stores offering Collect+ services, where you'll receive proof of postage and a code to track your return online.
5. You can track your order using the code here.
6. We will process your return within 10 working days of your good being collected.
You can return items through our participating stores. If you are returning an item via a store please take your delivery note with you. For details of your nearest store, use our Store Finder link. At the moment we are unable to accept returns in store if you have paid using PayPal. If you wish to return an item to us that you have paid for using your PayPal account please post your return back to us using the free Royal Mail or Collect+ returns labels. Purchases made in-store cannot be returned via post to the Website return address. Unfortunately shoes, Jacques Vert, Precis Petite, Eastex, Dash, Roman Originals, VIZ-A-VIZ, Ten Cate, TIGI, Scarlett & Jo, Julian Charles & Quiz items purchased online can only be returned to our website using the free returns label and NOT returned to our stores.
12.2 If we reasonably consider that you have repeatedly taken advantage of our policy in relation to returning Goods you will be notified that your orders will no longer be accepted on the Website.
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14. 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).
15. Nothing within these Terms and Conditions operates so as to exclude, limit or restrict our liability for death or personal injury or for any other liability the exclusion of which is expressly prohibited by statute.
16. These Terms and Conditions do not affect your statutory rights as a consumer.
17. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and that provision shall not affect the validity and enforceability of any remaining provisions.
18. All notices which we need to give to you under these Terms and Conditions will be sent by us to your registered email address.
19. 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 hereof. They may only be varied where separately agreed in writing between you and us.
20. 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.
21. The interpretation, construction, effect and enforceability of this agreement shall be governed by Scots Law, and you and we agree to submit to the non-exclusive jurisdiction of the Scottish courts for the determination of disputes. All rights not expressly granted are reserved to Mackays.
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If you have any questions or need help with your account, you may Contact Us to assist you.