Terms & conditions
SHAMELESS website and related services are made available to you in accordance with the following Terms & Conditions. Please read our Terms & Conditions carefully before placing any orders on shamelessbrand@yahoo.com.
In particular, we wish to draw your attention to our policies relating to the terms of purchase within the Terms and Conditions and our Privacy Policy. If you are under 16 you must let your parent or guardian know about SHAMELESS’s Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.
We may modify the Terms & Conditions from time to time. Please read the Terms & Conditions and check back often. If you do not agree to any change to the terms, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
REGISTRATION
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address shamelessbrand@yahoo.com
The account password you provide should be unique and kept secure, and you must notify SHAMELESS immediately of any breach of security or unauthorized use of your account.
Please refer to our Privacy Policy for information about how we use your data.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The Site is available only to individuals and others who meet the SHAMELESS terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to SHAMELESS , whose applications are acceptable to Babs Atelier and who have authorized SHAMELESS to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
For making the payment of the ordered items you expressly authorize us to perform some checks to validate your card and to authenticate your identity.
Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how we use your data.
ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
SHAMELESS offers products for sale that are in stock and available for dispatch from our distribution center. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once the stock has been delivered to our warehouse. SHAMELESS will only take Advance Purchase orders for stock that has been scheduled for delivery. Your rights regarding Advance Purchase are the same as those for any other purchase at Babs Atelier. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within fourteen (14) days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
SHAMELESS will store a record of your transactions for a minimum of one year.
By checkout you agree that all data provided by you needed the sale process are accurate, complete and true at the time of placing the order.
By checkout you agree that SHAMELESS may contact you by any means available / accepted by SHAMELESS, in any situation where it is necessary to contact you
PRICING POLICY
Prices shown on the Site are in USD, EUROS or RON. Company is not VAT payer.
All prices and offers remain valid as advertised from time to time. The USD, EUROS or RON price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set when we post an item using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are not included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a Romanian customer whose credit/debit card is not denominated in RON, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. For the Romanian customers the payment shall be done only in RON.
If you are a customer other than Romanian whose credit/debit card is not denominated in USD, EUROS or RON, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Babs Atelier will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded as a distance sale contract and the language of the contract is Romanian or English, by case.
Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of SHAMELESS.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or your data provided by you on Site are incomplete or incorrect or that you do not meet the eligibility criteria set out within the Terms & Conditions.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our Site are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able, but no later than fourteen (14) days of being advised we have not accepted your order and/or that the relevant part of your order has been cancelled. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
TRANSFER OF THE PROPERTY RIGHT
The ownership over the products shall be transferred, after the payment of the products, at the delivery to your specified delivery address by signing the receipt for transportation or directly the invoice issued by us, by case.
PAYMENT
For payment of the products ordered to SHAMELESS you have more payment options:
- online payment (using the payment platform PayPal);
- bank transfer in our account.
For cash on delivery the payment shall be done only in RON, fully, at the delivery to the courier agent.
You can also make the payment using Visa card, MasterCard, bank transfer or payment by PayPal. When selecting this option at checkout, you will be directed to the payment platform site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to babsatelier.com. Payment will be debited and cleared from your account upon dispatch of your order by SHAMELESS. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised 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. If the issuer of your payment card refuses to authorize payment to SHAMELESS, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using PayPal platform.
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, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
In case of online payments or through bank, SHAMELESS is not/cannot be held liable for any other additional cost incurred by you, including but not limited to currency conversion fees imposed by your bank.
INVOICING
SHAMELESS will issue you an invoice for the products delivered, your obligation being to provide us with all necessary information for invoice issuance according to the legislation in force.
SHAMELESS will send the invoice for your order containing products sold by SHAMELESS exclusively in electronic form by adding the invoice in your account or by email at the email address mentioned in your account.
Using this method of communication, by accessing your account, you have a record of invoices issued by SHAMELESSand can save and archive them at any time and in any way you want.
By submitting your order, you agree to receive electronic invoices by adding them by SHAMELESS in your account or by electronic mail to the email address mentioned in your account.
If this information is unavailable for more than forty-eight (48) hours in the account, please notify us on this email address shamelessbrend@yahoo.com .
INSURANCE AND DELIVERY
SHAMELESS insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by SHAMELESS, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders between 7-14 WORKING days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. SHAMELESS are not responsible for any delays caused by destination customs clearance processes.
RETURNS POLICY & EXCHANGES
Because the orders are custom made for every client , returns will not be possible.
If you have a problem with your purchase, you can contact us on our email shamelessbrand@yahoo.com and we will try to find a solution that suits you.
YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms & Conditions, we may deny you access to this Site on a temporary or permanent basis.
LIMITS ON OUR LIABILITY
We do not seek to exclude our liability for negligence or fraudulent misrepresentation by us or our employees or agents.
If SHAMELESS breaches the TERMS & CONDITIONS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Babs Atelier at the time of you placing your order, and SHAMELESS dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.
We are not responsible for indirect losses or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the Terms & Conditions where such failure is due to events beyond our reasonable control.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and SHAMELESS as a result of the Terms & Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of SHAMELESS , and we shall not be liable for any representation, act, or omission on your part.
NO WAIVER
If you breach the Terms & Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms & Conditions
FORCE MAJEURE
Neither party will be liable for failure to perform its contractual obligations if such a failure to timely and / or properly execute them, fully or partially is due to a force majeure event. Force majeure is unforeseeable, beyond the parties’ control and cannot be avoided.
If within fifteen (15) days from the date of its occurrence, the respective event does not stop, each party shall be entitled to notify the other party of the contract upon termination by operation of law without any of them being entitled to ask for other damages.
COMPLAINTS AND GOVERNING LAW
If you have a complaint about us email shamelessbrand@yahoo.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The Terms & Conditions together with all our policies and procedures will be governed by and construed in accordance to the Romanian law and the relevant courts of Romania will have exclusive jurisdiction.
PROMOTION CODES
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
ABOUT PRODUCTS
All SHAMELESS pieces are 100% hand crafted in ROMANIA.
SIZING
Please refer to the SIZE CHART to understand how we size our styles. If your measurements are not listed, we are able to offer custom sizing with an added cost.
CUSTOMIZATION
We are able to take requests for custom designs. You can send us the details by mail at shamelessbrand@yahoo.com.
