Terms & Conditions
The following terms and conditions and any other rules posted on our Site (collectively “Terms”) constitute an agreement between Qapla, trading as Qapla International Ltd. (“we”, “our”, “us”) and you (visitors to our Site and/or user of our Services), governing your access and use of all content and functionalities available at the www.qaplashop.com website, related micro-sites accessed through the website www.qaplashop.com related domain names, and any other website or micro-site of www.qaplashop.com (collectively the “Site”).
The Site www.qaplashop.com is owned and operated by Qapla International Ltd. (13064094) a company registered in England and Wales and in London SW118QQ.
Qapla is a multi-brand marketplace whereby allows you to purchase products directly from third party manufacturers/outlets/retailers/stores/designers/vendors (collectively “Designers”) of conscious fashion products (“Services”).
By visiting the Site, you agree and acknowledge the practices described in the Terms and that you acknowledge that you are legally bound by them. We may modify the Terms from time to time and your continued use of this Site following such change shall constitute your agreement to the modified Terms. We may notify you of changes and updates however it is your responsibility to review the changes and updates to the Terms. If at any time you find yourself in disagreement with the Terms or it is unlawful for you to agree to the Terms, you should immediately cease using our Site and related Services.
- Registration and Account
1.1. To use some of the Services or other features made available to you on this Site you will need to register for an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Please note, we may change registration requirements from time to time. You are and remain responsible for maintaining the security of your account and confidentiality of your password. Qapla is not liable for any improper use of your password or account.
1.2. You acknowledge that you are solely liable for any usage of our Service via your account. Qapla is entitled to assume that any use of our Services through your account or any activity on your account is made by you. Should you suspect that your account has been compromised you must immediately notify us.
1.3. Should you have any issues with your account, need any help in relation to it or notify us of an information change or suspected security breach please contact our Customer Service team on the firstname.lastname@example.org. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of an account.
Orders2.1. Our Site enables you to browse and purchase products from Designers from all over the world. As such, Qapla is not responsible for the sale or delivery of the products to you. Our Site offers a platform for you and the Designers to enter an agreement with each other to enable you to purchase the products in your own name, and according to the terms and conditions of each respective vendor. In the event of a conflict between our Terms and the terms and conditions of your Designer, this Terms will govern the relationship between us and you.
2.2. All orders are subject to acceptance and availability, and products in your shopping basket are not reserved and may be purchased by other customers.
2.3. Prices shown on the Site are in GBP, US Dollars and EUR depending on the location where you are accessing the Site and are exclusive of taxes. Currency exchange rates are determined on a day-to-day basis and the price applicable to your order will be the price current at the time your order is accepted. From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. Pricing shown on the Site includes UK value added tax (VAT) that we are required to charge on the products. However, it does not include any delivery fees in respect of the purchase of the products upon which you may also be charged additional taxes. All such charges are clearly shown before you checkout and place your order.
2.4. You will receive the benefit of any rights of refund, after sales service, warranties or guarantees offered by the Designers, as well as any statutory protections offered to consumers of products of this type (where applicable).
2.5. We or the Designer can decline your order at any time, for any reason, and without liability. In such a case, we will inform you of the cancellation or decline of the order and you will not be charged for the purchase. Where you have already been charged, you will receive a refund in full subject to the provisions listed under Section 5.
2.6. We accept worldwide orders and deliveries subject to the Designer’s terms and conditions of delivery and returns policy. Delivery costs and currency exchange rates may vary according to the country. You are responsible for paying any custom taxes or charges that may be applicable to the purchase depending on the location of the Designer and/or the purchase.
2.7. We are responsible for the listings on our Site and we undertake regular reviews to ensure up-to-date and accurate listings. However, we are not responsible for the stock or possession of any of the products offered for sale by Designers through our Site. We do not offer any guarantee that Designers and/or products will always be available through our Site as Designers and/or may become unavailable at short notice.
2.8. We are only responsible for offering the products on our Site for purchase. Any responsibility relating to the sale and delivery of the products purchased on our Site will lie with the Designer. We cannot give any undertaking that the products you purchase from the Designers via our Site will be of satisfactory quality, therefore any warranties of such nature (whether express or implied) are disclaimed by us to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Designer.
2.9. Each order you place through our Site is an offer to purchase products from a Designer. All orders are subject to the standard terms of business, each relevant to the respective Designer. If the Designer accepts your order, a contract will be formed between you and the Designer. Once your order is placed, you will receive an initial email acknowledging the details of your order (“Order Confirmation Email”). The Order Confirmation Email does not mean your order has been accepted by the relevant Designer, it is just to confirm that we have received your order. Unless your order is cancelled, your order will be confirmed once the Designer informs us of the acceptance of your order and the dispatch of your products. When the Designer informs us that your order is dispatched, we will send you a second email containing the tracking number of your order and other details relating to the dispatch of your order (“Dispatch Confirmation Email”). A contract between you and the Designer will be formed only when you receive the Dispatch Confirmation Email. You will not be charged until the Designer confirms the dispatch of the order and we send you the Dispatch Confirmation Email.
3.1. Payment can be made by Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then return to www.qaplashop.com. Payment will be debited and cleared from your account upon completion of the packing of your order by the Designer.
3.2. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
3.3. If the issuer of your credit/debit card refuses to authorize payment, we will not be liable for any delay or non-delivery.
3.4. Where a product is out of stock and not expected to come back in stock we may be required to cancel your purchase. You will not be charged for this transaction.
3.5. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, However, Qapla will not be held liable for any loss you may suffer on the basis of a loss of data which you provide when accessing to or ordering from our Site which may be occurred at a third party due to an unauthorized access.
4.1. We are not responsible for the delivery of the products you have purchased on our Site. Products will be sent to you directly by the Designer once your order is accepted (when you receive the Dispatch Confirmation Email).
4.2. The details of the estimated delivery times of the product will be displayed on the relevant product page on our Site. Such estimated delivery times are stated by the Designer to us and Qapla is not responsible for the estimations or any delays in the delivery of the products. By purchasing any products, you implicitly agree to the Designer’s stated delivery date. Qapla is not responsible for any delays caused by destination customs clearance processes.
4.3. The Designer will endeavor the delivery of the product(s) to you as soon as possible, in the timeframe specified at the time of your purchase, and in any event within 40 days of the acceptance of your order.
4.4. Delivery costs may vary between Designers. However, the delivery charge will be made available to you before placing the order.
Exchanges, Returns and Cancellation
5.1. We are not responsible for the exchange, return or refund of the products purchased on the Site. You will return the purchased product directly to the Designer, not Qapla. If you wish to return your purchased product, you need to inform Qapla as we will remain your primary contact to handle the communications between you and the relevant Designer. Please email us at email@example.com. Any requests for exchange, return and refund of an item purchased on our Site will be carried out by the relevant Designer which you have purchased the item from.
5.2. You have the right to claim a refund, replacement, repair and/or compensation where the products are faulty or misdescribed. Where you believe that the products you have received are faulty or misdescribed please email us at firstname.lastname@example.org, and we will handle the communications with the Designer for you. We do not offer refunds for sale items, these can only be exchanged through the exchange process set out in Clause 5. The exchange and returns timeframe will depend on the terms of the Designer from which you have purchased your product. Please refer to the relevant Designer’s exchange and return policies for further details. You are responsible for any product being returned until it arrives back at its Designer.
5.3. If you are terminating a contract for any of the following reasons, we will notify the Designer that they are required to refund you in full for any products which have not been provided to you and you may also be entitled to a compensation if:
5.3.1. the Designer has informed you about an upcoming change to the product or the terms of the contract which you do not agree to;
5.3.2. either we or the Designer have informed you about an error in the price or description of the product you have ordered and you do not wish to proceed;
5.3.3. there is a risk that supply of the products may be significantly delayed because of events outside of the Designer’s control;
5.3.4. supply of the products has been suspended for technical reasons, or you have been notified that supply will be suspended, in each case for a period of more than 30 days; or
5.3.5. you have a legal right to terminate the contract due to Designer’s wrongdoing.
5.4. All products returned must be in their original condition – unused, unworn, unwashed, in the original packaging and with original labels and any hygiene stickers attached. All beauty products must be unopened, with all seals in place. Unfortunately, our Designers will not be able to accept any items that fail to meet these criteria.
5.5 In case you do not receive a return slip in the package you have received, please email us at email@example.com for the return address and return information.
5.6. Return costs will be subject to the Designer’s terms of return. If the Designer offers free returns you will not be charged for the returns postage. However, if the Designer does not offer free returns you will be responsible for posting the product back at your own cost. Any delivery costs or import taxes you may have had to pay to receive a product cannot be refunded upon the return of that item.
5.7. Once your returned product is received and inspected, the Designer will notify us that the product is of acceptable quality. We will then send you an email confirming that your return has been accepted and that you will receive a refund soon. We will also notify you of the approval or rejection of your refund.
5.8. If your return is approved by the Designer, your refund will be processed. We aim to get you refunded as soon as we can, once your returned product has been processed by the Designer. The timeframes for processing your refund vary depending on the Designer’s return acceptance process.
5.9. You have the right to cancel your orders within 24 hours of putting your order in place. You will have to get in touch with us within the first 12 hours of placing your order in order to cancel your order. We will not be able to accommodate any cancellation requests received after this timeframe and you will have to return the products by following the return process. You also have the right to change your mind within 14 days of receipt of your order. The fourteen calendar days start from the day after you receive your order. If you wish to exercise your right to change your mind for the products you have purchased please contact us at firstname.lastname@example.org and we can start the return process for you. Once you have exercised your right to change your mind, you will be issued with a full refund for the products you have purchased. Please note that original shipping costs are not refundable unless the delivered item is faulty. The products you return must be unworn and in their original condition and will be inspected by the Designer once received. Your refund will be issued once the Designer informs that the products returned are in acceptable condition.
Returns need to have the original tags still on them. It is your responsibility to ensure that the returned items are packaged well enough that they won’t be damaged on the way back to the Designer.
Intellectual Property Rights
6.1. Our Site is available to you under a licence; for your private, non-commercial, personal use only, which does not give you any rights of ownership of the Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any intellectual property rights described hereunder, software, products, or services contained within this Site. You may not use this Site, or any of its related content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
6.2. The Qapla brand name and corresponding logos and trademarks belong to Qapla International Ltd. You agree and acknowledge that, unless otherwise stated, all copyright, designs, logos, trademarks and all other intellectual property and material rights relating to the Service and the Site including all HTML, other codes contained in this Site as well as data files, graphics, text, photographs, drawings, images, sounds, music, video or audio files on this Site are vested in Qapla and/or are licensed to Qapla and are the property of their respective owners.
6.3. You are permitted to use the Service and the Site only as expressly authorized by Qapla and/or its third party licensors. Any reproduction or redistribution of the above listed intellectual property rights is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site.
6.4. Any third-party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation to them. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
7.1. While Qapla will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
7.2. Qapla does not warrant or represent that the Site is error-free or reliable or that your use of our Service and/or the Site will not infringe rights of third parties. Qapla does not warrant that Site or the server that makes it available are free of viruses or other harmful components. If your use of this Site results in the need for servicing or replacing property, material, equipment or data, Qapla is not responsible for those costs.
7.3. Without limiting the foregoing, the Site does not warrant, either expressed or implied, that but not limited to, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Qapla and its Designers make no warranties about the content on the Site, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any products/content found on this Site. Qapla reserves the right to withdraw, temporarily or permanently, any product/content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Qapla is not liable to you or any third party for any such withdrawal.
7.4. You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
7.5. Qapla does not warrant and represent that the Site will connect or transmit to or from the internet, or that any user communications will be transmitted by the Site or through the use of the Services.
7.6. We may include hyperlinks on this Site to other websites or resources operated by parties other than Qapla, including advertisers. Qapla has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
7.7. Such Terms are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this Terms, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms.
7.8. Qapla will not be liable in any amount for failure to perform any obligation under such Terms if that failure is caused by the occurrence of an event beyond its reasonable control.
7.9. You agree to comply with these Terms and any other relevant rules applicable to the use of our Service as well as the Site. As such, you agree not to:
7.9.1. hack, modify, reverse engineer or create derivative works of our Site or any part of it;
7.9.2. incorporate any part of the Site into any other new or existing product or service;
7.9.3. attempt to gain unauthorized access to any restricted part of the Site;
7.9.4. develop and deploy software which replicates or mimics the data or functionality of the Site;
7.9.5. collect data from the Site by systematic or automated means;
7.9.6. use your access to the Site to send marketing communications;
7.9.7. use any malicious computer code of any nature;
7.9.8. make any part of the ‘service available to third parties;
7.9.9. use the service (or any part of it) unfairly or for illegal/immoral purposes.
7.10. Without prejudice to any of our other rights or remedies, if we reasonably suspect that you have breached any of these Terms we reserve the right to suspend, terminate, or take any other action we consider necessary in regard to your access to the Site and use of our Service, to defend any of our rights or interests.
8.1. You agree to indemnify us against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim on the basis of your breach of any provision of these Terms.
9.1. When you cease to use our Service, you terminate the Terms. On termination, all licence and permissions granted by Qapla to you will immediately end.
9.2. Termination of these Terms will not take effect until the delivery of all products from outstanding orders and the receipt by Qapla of any outstanding payment you have to pay us regarding purchased products and their delivery.
9.3. We can terminate our relationship with you by notifying you without further recourse from you:
9.3.1. In case of a breach of any of the provisions of these Terms by you
9.3.2. In case we reasonably suspect you have breached or intend to breach any of the provisions of these Terms
9.3.3. Upon 30 days’ notice where we discontinue any part of the Service
9.3.4. Do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due.
9.4. Where we terminate our relationship with you as set out in Clause 9.3 we will refund any money you have paid in advance for the products. We may deduct or charge you an amount which will be calculated at the time of termination, as compensation for the costs we may incur as a result of your breach of the Terms. We will inform you of the amount deducted or charged via email.
General Legal Terms
10.1. Complete Terms: The Terms constitute the whole legal agreement between you and Qapla and govern your use of the Services and completely replace any prior agreements between you and Qapla in relation to the Services.
10.2. Modifications to the Services: Qapla is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Qapla provides may change from time to time without prior notice to you. You further acknowledge and agree that Qapla may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Qapla’s sole discretion, without prior notice to you.
10.3. Rights Not Waived: You agree that if Qapla does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Qapla has the benefit of under any applicable law), this will not be taken to be a formal waiver of Qapla’s rights and that those rights or remedies will still be available to Qapla.
10.4. Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
10.5. Governing Law: The Terms, and your relationship with Qapla under the Terms, shall be governed by the laws of England and Wales. You and Qapla agree to submit to the exclusive jurisdiction of the courts of England and Wales and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
10.6. Independent Relationship: You and Qapla are independent contractors, and these Terms, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between you and Qapla. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms.