Terms of Service
SECTION 1: INTRODUCTION
1.1 By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any purchase of goods made through this site will be subject to these Terms. If you disagree with any part of these Terms, please do not use our Website.
1.2 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
1.3 The term “we” means Radiant Empire Limited the owner and operator of the Website www.radiantempress.co.uk (the “Website”) whose registered office is 17-19 Church Road, Northfield, Birmingham, West Midlands, United Kingdom, B31 2JZ and company registration number is 11696679 (references to “Radiant Empire”, “us” and “our”, ”Radiant Empress”, ”Radiant Emperor” mean Radiant Empire Limited).
1.4 The term “you” or the “customer” refers to the customer, user or viewer of our Website.
1.6 Our webstore is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Shopify provides a reliable, secure shopping cart solution for your ecommerce Website. Credit card and order data is encrypted and secure. Shopify is Level 1 PCI compliant and uses 256-bit SSL certificates to keep order details secure.
1.7 When using our Website, you are also agreeing to Shopify’s terms and conditions, which can be found here:
In addition, Shopify’s cookies policy can be found here: https://www.shopify.ca/legal/cookies.
1.8 By agreeing to these Terms, you represent that you are at least the age of 18.
1.9 The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
SECTION 2: COPYRIGHT AND LICENSE
2.1 This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
2.2 RADIANT EMPRESS® and RADIANT EMPEROR® are registered trademark brands of RADIANT EMPIRE LIMITED (company registration number: 11696679).
2.3 You cannot download, store, view, edit, use, reproduce, copy, print, any material contained in this Website for your own personal and/or business purposes.
2.4 You are not permitted to:
- republish material from this Website (including republication on another Website);
- sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce material from the Website and any material or any part thereof for use by any third party;
- exploit material on our Website for a commercial purpose;
- use any material in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.
2.5 If you breach these Terms in any way then the licence granted to you will be automatically terminated upon such breach and Radiant Empire may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
2.6 We reserve the right to exclude any person from using this Website and material contained therein where a breach of these terms & conditions is suspected.
2.7 You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any material.
SECTION 3: USE OF OUR WEBSITE
3.1 Unless otherwise stated, Radiant Empire owns the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
3.2 You may view Website pages, download Website pages and print Website pages for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
3.3 You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.4 You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of malicious computer software.
3.5 You must not use our Website to transmit or send unsolicited commercial communications.
3.6 You must not use our Website for any purposes related to marketing without our express written consent.
SECTION 4: CREATING AN ACCOUNT
4.1 To be eligible for a user account and/or make a purchase on our Website, you must be a minimum of 18 years old.
4.2 You must provide true and accurate information to us when creating an account. It is forbidden to impersonate another individual or to give false or misleading information on the Website.
4.3 You must keep all passwords confidential and you will be responsible for any activity on the Website resulting from a failure to keep your password confidential. You may also be held liable for any losses that may arise.
4.4 You may cancel your user account with us on our Website at anytime.
4.5 You can create a customer account by following the customer registration process on the Website. If you breach any of these Terms, we may suspend or remove your account. We also reserve a right generally to suspend or remove a customer account at any time and for any reason at our discretion.
SECTION 5: PLACING AN ORDER
5.1 To be eligible for a user account and/or make a purchase on our Website, you must be minimum 18 years old.
5.2 We are not obligated to accept your order and reserve the right to refuse or cancel any order once it has been placed. This may be done, for example, if:
- your payment is not authorised or has been marked as fraudulent, or potentially fraudulent, by the payment system;
- payment has been made using a card not issued in a country we dispatch to, or not where the billing address is;
- we have insufficient stock of the product(s) you have requested;
- there is an error on the Website regarding the price or description of a product.
5.3 In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5.4 By placing an order with us you are confirming that any information you have given is true and accurate and that you are authorised to use the card on which payment was made.
5.5 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5.6 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5.7 We are not liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond our reasonable control. This does not affect your statutory rights.
5.8 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
5.9 Our online store's shopping cart includes an SSL certificate that uses industry standard 256-bit encryption technology. This is the same level of encryption used by large banks to keep your information secure.
5.10 Shopify is certified Level 1 PCI DSS compliant, which allows it to accept Visa, Mastercard and other credit cards. Learn more about PCI compliance here: https://www.shopify.com/pci-compliant.
SECTION 6: OUR PRODUCTS
6.1 All products are subject to availability, which is subject to change. Images of products shown on the Website, and colours shown on screen, are reproduced as accurately as electronic processes allow, but may not always represent the exact image or colour of the final product. This will not be considered a reason for determining the product to be a faulty product.
6.2 We reserve the right to amend the details and specifications of our products as necessary, or to conform with any changes in UK or EU requirements.
6.3 We try to ensure that information regarding products on our Website is as accurate as possible. However, we cannot be held responsible for any inaccuracies or errors. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
6.4 Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
6.5 We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6.6 PRODUCT WARNING: Dyed garments may transfer dyes on to clothing. The chemicals used in the dyeing of garments may also be harmful to some individuals. You agree that wearing any such garments is at your own risk.
SECTION 7: PRICES
7.1 All prices are in pound sterling and include VAT at the prevailing rate.
7.2 Prices are subject to change. However, in the event of a change in prices, these will not affect any order which has been placed and agreed.
7.3 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
7.4 We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
7.5 We may from time to time offer promotional discount codes (either directly or via third parties) which will apply to specified purchases made though this Website. Unless otherwise expressly stated, such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts. Codes must be correctly entered at the checkout to be valid.
Only one discount code may be used per order.
Discount codes may not be used against delivery prices or gift vouchers unless otherwise stated.
SECTION 8: CHANGES TO YOUR ORDER
8.1 If you require any changes to your order, these should be made within 24 hours of placing the order. However, do note that even if you do submit a change within 24 hours of placing the order, this does not guarantee that a change can be made. We will, where possible, endeavour to make changes. All changes to an order, once the order has been processed and where a change remains possible, will carry a £20 change fee per change which is in addition to any further charges associated with that change, be it changes to colours, fabrics, styles, sizes or any other aspect.
SECTION 9: DELIVERY
9.1 We deliver only to addresses in the UK and only to the address provided by the customer. Delivery dates and times will be stated on the Website. Do note that delivery will be made by third party delivery services, such as Royal Mail, Fedex or DHL. We are not responsible for any delays which may occur or any errors or claims which arise due to the actions or omissions of such delivery services.
9.2 Delivery will be made to the address you have provided to us. It is your responsibility to ensure that the address you provide is accurate and correct when placing an order, and that there is an adult available at the address to sign for and receive the products. If for any reason there is no one available at the delivery address, or no one answers the door when our delivery person arrives, we may leave the goods outside your premises or with a neighbour (if there is someone available). However, in such circumstances, we shall not be liable for any theft, loss or damage caused to the products as a result. Goods are deemed to be delivered once signed for.
9.3 Title in the goods shall not pass until the price of the garments have been paid in full. The risk of loss for such items will pass to the customer upon delivery of the items.
9.4 We aim to dispatch all orders within 2-3 working days. This may take longer in busy periods.
9.5 Shipping time in the UK is expected to be 3 to 5 working days.
9.6 We are not responsible for any delays caused by the Courier. Please review Couriers terms for delivery. If your order is returned to us due to failure to collect delivery from Courier depot or collection point, garments will not be redelivered, and you will receive a refund.
9.7 Delivery costs will be shown at the time of placing your order.
SECTION 10: RETURNS POLICY
10.1 You will not be able to cancel or make changes to an Order once the product has been dispatched.
10.2 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are a consumer you will be entitled to return any products you have purchased, subject to the following conditions:
(a) You must notify us within 14 days of receipt of your products that you wish to cancel the purchase and return them to us within 28 days of receipt.
(b) All labels / tags / ribbon tags attached to items must not be removed nor tampered with and items must be unworn and in an unused condition.
(c) You must return the products to us in their original packaging at your own cost and risk. We shall inform you of the delivery address to which your returned items must be sent.
10.3 If the products are returned to us with any damage, we reserve our rights making no refund at all in the case where such products are no longer suitable for resale.
10.4 If you have purchased a product which does not correspond to the terms of your Order or is defective, we will reimburse you for your costs of returning the product, in addition to offering you a refund or credit against further purchases. Please note that we are not liable for any defects resulting from the customer not following any care instructions provided with the product. We will require proof of the cost of return if you are claiming these costs from us.
10.5 Once your return is received and inspected by us, we will send you an email to notify you that we have received your returned item. We will also notify you via email of the approval or rejection of your refund.
10.6 If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
SECTION 11: LATE OR MISSING REFUNDS
11.1 If you haven’t received a refund yet, first check your bank account again, as refunds can take up to 10-14 working days. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
SECTION 12: SALE ITEMS
12.1 Only regular priced items may be refunded. Unfortunately, we cannot refund any sale items.
SECTION 13: EXCHANGES
13.1 We do not offer exchanges on our products. You will need to return the product for a refund and purchase a new product.
SECTION 14: SHIPPING
14.1 To return your product, you should mail your product to:
RADIANT EMPIRE LTD
PO BOX 507
14.2 You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
14.3 It is at your own risk how you return you products. It is advisable to consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item. We cannot refund any lost, missing or damaged parcels. It will be your responsibility to claim any such loss from your shipping service provider.
SECTION 15: USER CONTENT
15.1 Our Website may permit users to submit comments, feedback or reviews and, in the future, may allow posting images, videos or other content by you and other users ("User Content") and the hosting and publishing of such User Content. You understand that whether or not such User Content are published, we do not guarantee any confidentiality with respect to any User Content.
15.2 You shall be solely responsible for your own User Content and the consequences of posting or publishing them.
15.3 You represent and warrant that:
- you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on the Website and in accordance with these Terms; and
- whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of, display and broadcast the User Content in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Content (and derivative works thereof).
- you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.
15.4 Any breach of the above warranties will result in the user’s account being immediately terminated and may result in the user becoming liable to legal action.
15.5 We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
SECTION 16: NO WARRANTIES
16.1 This Website is provided “as is” without any representations or warranties, express or implied. Radiant Empire makes no representations or warranties in relation to this Website or the information and material provided on this Website.
16.2 The content of the pages of this Website is for your general information and use only and it is subject to change without prior notice.
16.3 Radiant Empire does not warrant that this Website will be constantly available, or available at all; or that the information on this Website is complete, true, accurate or non-misleading.
16.4 Nothing on this Website constitutes, or is meant to constitute, advice of any kind. We do not provide any warranty as to the suitability of the information and material found or offered on this Website for any particular purpose. Your use of any information or material on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
16.5 You acknowledge that information and material found or offered on this Website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
16.6 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
SECTION 17: LIMITATIONS AND EXCLUSIONS OF LIABILITY
17.1 Our liability to you in relation to the use of our Website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: Radiant Empire and its employees will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this Website; Radiant Empire and its employees will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
17.2 Our products are provided on the basis that they will be used for personal use and we will not be liable for any loss resulting from commercial use of our products. In no event will we be liable for any loss above a maximum total of the price of the product purchased in respect of any claim.
17.3 Nothing in these Terms will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
17.4 By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this Website.
SECTION 18 - PROHIBITED USES
18.1 In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.
SECTION 19: INDEMNITY
19.1 If you breach these Terms you will be held fully responsible for any loss suffered by Radiant Empire as result of such breach and will be held accountable for all profits made from breaching these Terms.
19.2 You agree to indemnify us and undertake to keep us indemnified 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.
SECTION 20: OTHER WEBSITES
20.1 This Website may contain links to other Websites that are not under the control of and are not maintained by us. Radiant Empire is not responsible for the content or reliability of the linked Websites. Radiant Empire provides these links for your convenience only but does not endorse the material on these sites.
SECTION 21: WAIVER
20.2 The failure by Radiant Empire to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.
SECTION 22: SEVERANCE
22.1 If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
22.2 If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
SECTION 23: VARIATION
23.1 We may revise these Terms from time-to-time. Revised Terms will apply to the use of our Website from the date of the publication of the revised Terms on our Website. Please check this page regularly to ensure you are familiar with the current version.
SECTION 24: EXCLUSION OF THIRD PARTY RIGHTS
24.1 These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
SECTION 25: ENTIRE AGREEMENT
25.1 These Terms constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.
SECTION 26: JURISDICTION AND GOVERNING LAW
26.1 These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.