These Terms and Conditions together with our Website Terms of Use (the Terms) will apply to any contract between us for the sale of products listed on the headoverheels.co.uk website to you.

Please read these Terms carefully and make sure that you understand them before ordering any products from our website. By placing an order you agree to be bound by these Terms.

Please see our Privacy policy which sets out details of the information we may collect from you and how we use that information. If you do not agree to be bound by these terms and conditions you may not use or access this website.

Before you place an order, if you have any questions relating to these terms and conditions please contact the Customer Experience Team. Inbound and outbound calls may be recorded for quality monitoring and training purposes.

You should print a copy of these Terms or save them to your computer for future reference. The details of your specific contract will not be filed by us. We may amend these Terms from time to time as set out in paragraph 6.

Every time you wish to order products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 11th March 2019.

 

1. Information about us and contacting us

1.1 We operate the website www.headoverheels.co.uk. We are Dune Group Limited, a company registered in England under company number 02127866 and with our registered office at 9 Hatton Street, London, NW8 8PL. Our VAT number is GB 108 2622 39. Dune Group Limited will become your contracting partner if you decide to buy on www.headoverheels.co.uk. As we are an English company, English law applies as laid out in these terms and, in particular, in paragraph 17.5 and 17.6.

1.2 You can contact our Customer Experience Team by using one of the methods on our Contact Us page. 

 

2. Our products

2.1 Pictures, illustrations or descriptions or any other information submitted or contained in this website or other advertising matter are for general information and guidance. There may be minor variations between the goods as shown or described on our website and those dispatched to you without affecting their function, quality or price. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. The packaging of the products may vary from that shown on images on our website.

2.2 All products shown on our website are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available and we will cancel your order. Usually we don't take payment until we have dispatched your order. However, if we do take payment, we will refund you the full amount as soon as possible, and in any event within 30 calendar days of the day of our notification. For the avoidance of doubt other goods ordered by you in the same or separate orders will be dispatched in the normal way.

 

3. If you are a consumer

This paragraph 3 only applies if you are an individual consumer, i.e. an individual entering into a contract for the sale and purchase of goods not for commercial use. If you are an individual consumer, you may only purchase products from our website if you are at least 18 years old. As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms will affect these legal rights.

 

4. If you are a business consumer

This paragraph 4 only applies if you are a business, i.e. not an individual who enters into a contract for the sale and purchase of goods for use outside his trade, business or profession or juristic person. If you are acting on behalf of a business (i.e. not as an individual consumer), you confirm that you have authority to bind any business on whose behalf you use our website to purchase products. These Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

 

5. How the contract is formed between you and us

5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

5.2 We will confirm our acceptance to you of your order by sending you a shipping confirmation email to the email address you have given on despatch of your order. The contract between you and us will only be formed when (and not before) we send you the shipping confirmation email and receive settlement of all sums due in respect of the products. Until this time, we retain ownership of the products and are entitled to sell them in the ordinary course of our business. You may not cancel or vary your order once it has been accepted, except in accordance with paragraph 7 below.

5.3 If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our website, we will inform you of this by email and we will not process your order. Usually we don't take payment until we have despatched your order. However, if we do take payment, we will refund you the full amount as soon as possible, and in any event within 30 calendar days of the day of our notification.

 

6. Our right to vary these terms

We may revise these Terms at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when you placed your order. Otherwise, no alteration of these terms and conditions shall apply unless agreed in writing between us and you.

 

7. Your consumer right of cancellation and refund

The following paragraphs 7.1 to 7.4 only apply to EU consumers outside of Germany only.

7.1 If you are a consumer, you have a legal right to cancel a contract no longer than 14 calendar days after the day on which you receive the products. This means that during this time if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. You just need to tell us that you wish to cancel the contract. You can cancel by giving us written notice to us by hand, post or email, at the address or email address for the Customer Experience Team, giving details of the products ordered and (where appropriate) their delivery.

7.2 You will receive a full refund of the price you paid for the products. Please note that we are permitted by law to reduce this refund to reflect (or require you to pay to us an amount equal to) any reduction in the value of the products caused by your handling them in a way which would not be permitted in a shop. You will also receive a refund of your delivery charge up to a maximum of the standard delivery charge for your region if you have returned the goods within 14 days.

7.3 We will process the refunds due to you as soon as possible and, in any case, within 14 calendar days of the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. We will refund you on the same means you used to pay.

7.4 If the products were delivered to you: (a) you must return the products to us without undue delay (and in any event within 14 calendar days after the day on which you informed us that you wished to cancel the contract); and (b) if you are returning the products from outside the UK, you will be responsible for the cost of returning the products to us unless the products are faulty or not as described. Please see our Returns page for further information about returning products (including our returns address). If you do not return the products as required, we may charge you for the direct costs of recovering the products.
 

8. Other returns

In addition to the consumer right of cancellation set out in paragraph 7, if you are unsatisfied with the quality of the goods or have any other complaint about them, you should contact the Customer Experience Team as soon as possible for a refund or replacement.

Unworn footwear can be returned in accordance with our returns policy, as set out on the Returns page.

If you contact the Customer Experience Team our friendly advisers will explain the return procedures.

As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the returns policy in these Terms.

 

9. Delivery within the EU

9.1 In the EU, the ordered goods will be delivered to the address entered by you on the online order. If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods. Ordered goods will normally be delivered within the time set out on our Delivery page, unless otherwise notified to you by us and, in the EU, in any event within 30 days of your order.

9.2 This paragraph 9.2 only applies if you are a consumer.
If we are unable to deliver the goods in the EU within 30 days of our shipping confirmation email for your order, we will inform you as soon as possible and you will be entitled to cancel the contract and obtain a refund or re-credit for any sum that has been paid by you or debited from you credit card for the goods and their delivery if: (a) we have refused to deliver the goods; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not wish to cancel the contract straightaway, or we do not deliver the goods within 30 days of our shipping confirmation email for your order and you do not have the right to cancel you’re the contract under the preceding sentence, you can give us a new deadline for delivery, which must be reasonable, and you can cancel the contract if we do not meet the new deadline. If you choose to cancel the contract for late delivery under this paragraph 9.2, you can do so for just some of the goods or all of them (unless splitting them up would significantly reduce their value). If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.

9.3 Except as set out in this paragraph 9, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

9.4 The products will be your responsibility from the completion of delivery or you collect them from us (as the case may be).

 

10. Delivery outside the EU

We only deliver to the countries listed on the Delivery page. There may be restrictions on some products for certain international delivery destinations, so please review the information on this website carefully before ordering products. If you order products from our website for delivery outside the EU, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.

 

11. Price of products and delivery charges

11.1 The prices of the products will be as quoted on our website from time to time. We take all reasonable care to ensure that prices shown in our website are accurate at the time you place your order. If an error is found prior to dispatch of the goods, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at an incorrect (lower) price.

11.2 Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a shipping confirmation email. The price of a product includes VAT (where applicable). We cannot refund any VAT charges, except where the entire price of the product has been refunded. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect. The price of a product does not include delivery charges. Our delivery charges are as quoted on the Delivery page from time to time.

 

12. How to pay

Payment for goods ordered can be made by any method shown in this website at the time you place your order. All payments are taken in British Pounds for orders placed through the UK version of the website . All purchases are inclusive of VAT at the prevailing rate. Payment for the products and all applicable delivery charges is in advance.

 

13. Our liability to consumer

This paragraph 13 only applies if you are an individual consumer.

13.1 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.2 We shall be under no liability in respect of any defect in the goods arising from fair wear and tear, wilful damage, negligence, abnormal usage conditions, failure to follow our instructions, misuse or alteration or repair of the ordered goods without our approval.

13.3 We do not in any way exclude or limit our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) anything for which liability cannot be excluded by applicable law.

13.4 For consumers in Germany, note that claims under the German Act on Product Liability are not excluded.

 

14. Our liability if you are a business

This paragraph 4 only applies if you are a business.

14.1 We only supply the products for internal use by your business, and you agree not to use the product for any re-sale purposes. We shall be under no liability in respect of any defect in the goods arising from fair wear and tear, wilful damage, negligence, abnormal usage conditions, failure to follow our instructions, misuse or alteration or repair of the ordered goods without our approval.

14.2 Nothing in these Terms limit or exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) defective products under the Consumer Protection Act 1987; or (e) anything for which liability cannot be excluded by applicable law.

14.3 Subject to paragraph 14.2 above, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss. Our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products.

14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law, regulation or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.

 

15. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.

An Event Outside Our Control means any act or event beyond our reasonable control.

If an Event Outside Our Control takes place that affects the performance of our obligations under a contract our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

16. Gift vouchers and promotional discounts

16.1 We do not sell gift vouchers on headoverheels.co.uk and cannot accept gift cards or vouchers in payment of goods.

Dune London gift vouchers and cards can only be used to purchase goods online at www.dunelondon.com for UK orders.

16.2 Coupons, discounts and promotional discount codes offered by www.headoverheels.co.uk are valid only for use as part of a purchase made at www.headoverheels.co.uk or for telephone orders placed with the Customer Experience Team, unless otherwise stated. Such promotional discounts may not be valid for use in Dune shops.

 

17. Other important terms

17.1 Where the products are to be delivered separately and are not part of a periodical delivery, each delivery shall constitute a separate contract. If we fail to deliver any one or more of the instalments in accordance with these Terms, or if you make a claim in respect of any one or more instalments, this does not entitle you to treat the contract as a whole, as void.

17.2 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

17.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.5 If you are a consumer, please note that these Terms are governed by English law as Dune Group Limited is an English company. This means a contract for the purchase of products through our website and any dispute or claim arising out of or in connection with it will be governed by English law if the laws of your habitual residence do not prevail, e.g. because they cannot be derogated. You and we both agree that the courts of England will have non-exclusive jurisdiction.

17.6 If you are a business, these Terms are governed by English law. This means that a contract for the purchase of products through our website, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England www.headoverheels.co.uk for UK orders.

 
To Dune Group Limited, 6-11 Elms Depot, Cambridge Road, Whetstone, LE8 6AB:
 
I/We hereby give notice that    
I/We cancel our order number:    
and contract of sale of the following goods:    
Ordered on:    
Name of consumer(s):    
Address of consumer(s):                                                                                             
 
  
Signature of consumer(s) (only if this form is notified on paper):
Date: