Subject to the Buyer having a right to return the Goods pursuant to these terms, all sales are final. However, Smarten-Up Ltd. does subject to the terms of this clause, recognise that there may be occasions when it is appropriate to accept returns from the Buyer and Smarten-Up Ltd. shall, on a case by case basis, consider doing so. For the purposes of this clause, any Goods which the Buyer wants to return shall be referred to as "Returned Goods";
- Smarten-Up Ltd. will, in any circumstances, only accept returns if the following conditions are met:
(a)The Buyer shall provide a proper invoice and despatch note number in respect of the Returned Goods;
(b) Smarten-Up Ltd. must have issued a valid returns authorisation note in respect of the Returned Goods. Should the returns note not have been provided in advance by Smarten-Up Ltd., and subsequently accompany the goods being sent back, a 5% fee (of the goods value) in addition to any other charges that may be levied (see 'c' below) will be deducted from any credit note issued.
(c) By way of a restocking charge, the Buyer shall pay to Smarten-Up Ltd. a sum equivalent to either £25/€30 or 15% of the price of the Returned Goods (at Smarten-Up Ltd.'s discretion);
(d) The Returned Goods must not have been worn (including tried on) and must be returned in their original unopened packaging;
(e) The Returned Goods must be returned with all original documentation that was supplied with the Goods;
(f) Smarten-Up Ltd. retain the right to refuse Returned Goods should Smarten-Up Ltd. deem them to be unsuitable for resale;
(g) The Buyer will either:
(i) pay for and arrange the return of the Returned Goods; or
(ii) if Smarten-Up Ltd. agrees to recover the Returned Goods pay to Smarten-Up Ltd. a charge of £15/€18 per box of Returned Goods. In the event that Smarten-Up Ltd.'s carrier attends to collect the Returned Goods and that collection is not possible owing to a default of the Buyer, a charge of £15/€18 will be payable by the Buyer to Smarten-Up Ltd..
- The following Goods will not be eligible to be returned pursuant to this clause:
(a) Any products from the Result Air Down range;
(b) Underwear;
(c) Consumables (as defined from time to time by Smarten Up Ltd);
(d) Christmas & Seasonal Product e.g The Christmas Shop
(e) Any Goods which Smarten-Up Ltd. does not carry as core stock (as defined by Smarten-Up Ltd. from time to time);
(f) Any Goods which have been ordered as bespoke Goods by the Buyer (for example, embroidered and/or personalised Goods);
(g) Samples;
(h) Any Goods which have been in the possession of the Buyer for more than 28 days after delivery;
(i) Smarten-Up Ltd. Deals;
(j) Discontinued lines;
(k) Seasonal products;
(l) Any Goods which have, as their function, the protection of health and safety and/or the hygiene of the wearer. By way of (non-exhaustive) examples, high visibility garments, earplugs, face masks and goggles