Terms & Conditions
Terms and Conditions 2016
Welcome to Holidolls a ltd. company registered in United Kingdom. is operated by Holidolls Luxury Swimgerie.
By visiting/using/registering or by placing an order on our website you agree to be legally bound by these Terms and conditions and all the applicable policies.
You should print and keep a copy of these terms and conditions for your records.
Please note that goods will only be shipped out to you after you have made a selection and paid for your goods through www.holidolls.com.
**If you are ordering Holidolls luxury Swimgerie (Holidolls Ltd.) items from a third parties website please read the third party websites own Terms and Conditions Policy regarding their own sale of our goods to you as this will be a contract between yourself and them and NOT part of the Holidolls website in any way.
"website" means our website at:
“Holidolls Luxury swimgerie” means Holidolls Ltd and/or refers to
“goods/products "means the goods which are advertised on our website or other form of advertisement we will supply to you in accordance with these terms and conditions.
"order" means an order which you place with us detailing the goods you wish to buy from us.
"we/us/our" means Holidolls Ltd.
"client/customer/you/your "means you, the person using our website and/or buying goods from us.
“contract” means the legally-binding agreement between you and us for supplying goods or services.
Using our website
Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website.
1.1 It is not necessary to register with us in order to use most parts of this Website. [However, some parts of our Website may only be accessible only if you have registered.]
The use of website
1.2 These terms apply to ALL users of the website.
1.3 We may amend the terms and conditions from time to time and you are advised to check them regularly for any changes which we make.
1.4 You must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and
warrant that you are at least 18 years of age. If you are not 18 years old you must have the permission of your parent or guardian to go ahead with any use of
1.5 Please read these terms and conditions carefully, as they affect your legal rights.
1.7 You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.
Site up time
1.8 All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.9 Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.
Visitor provided material
1.11 When using this website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.12 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.11.
Links to and from other websites
1.13 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
1.14 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) You do not misrepresent your relationship with this website; and
(c) The website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.15 By linking to this Website in breach of clause 5.2 you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
The contract between you and us is binding. You may not transfer or assign your rights or obligations to another person without our express agreement. We may transfer or assign our rights and obligations under the contract or appoint third parties to assist us in performing our obligations at any time provided that this will not reduce our obligations to you.
If any clause of this contract is found in any way to be void by a English Court or other competent authority then all other clauses of the contract will continue to apply. This contract is subject to English law and both we and you agree that any dispute arising under or connected to it will be decided by the English Courts.
If either we or you do not at any time act on any rights which we have under this contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
We may amend these terms and conditions at any time and without notice to you. Any change will take effect immediately after being posted on the website and will be deemed to be accepted by any person who uses the website. Where you have already placed an order, the contract will remain subject to the version of the terms and conditions which were in place at the time at which you place your order, subject to any changes expressly agreed between you and us.
Nothing in these terms and conditions seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these terms and conditions will not change any rights which the law grants to you which that law does not allow us to change or limit.
Any notice you send to us will be deemed delivered as follows, depending on how you send it: on the day on which it was received (proof of delivery from courier) ; or on the week day on which it is sent correctly if by e-mail, except the non-working days (off days, national holidays, etc) as set by authorities.
A person who is not party to this contract shall have no right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of it which means that only we and you have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
The contract is the entire agreement and understanding between us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the contract or on the website. If you are uncertain as to your rights under the contract or you want any explanation about them please contact us requesting more information, at the following e-mail address: firstname.lastname@example.org.
We try to avoid any dispute, so we deal with complaints in the following way: "If a dispute occurs customers should contact us to find a solution using the e-mail address. We will aim to respond with an appropriate solution within 5 working days."
Disclaimer & Exclusion of Liability
1.16 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and ,or up to date.
1.17 All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.
Nothing in these Terms and Conditions will:
(a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
(c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control. We give no warranty that the service will be free of defects and/or faults.
We may provide links to other websites. If we do this, those links are provided for your convenience only and we cannot be responsible for the content or availability of those websites or your use of them, neither for any loss you may suffer due to your visit/click on third-party websites/links.
We reserve the right to alter, suspend or discontinue any part (or the whole of) the website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.
1.18 We do not accept liability for any loss or damage that you suffer as a result of using this Website.
To the maximum extent permitted by law, Holidolls Ltd accepts no liability for any loss or damage that may arise in connection with the use or inability/non-availability to use our website or its content by any user. We are offering our goods for personal use; therefore we will not be liable for any business or commercial loss or for malicious technologies that may infect/alter your computer’s performance.
To the maximum extent permitted by law Holidolls Ltd will not be liable for any loss or damage which you suffer as a result of any harmful material infecting your computer, data or other material due to your use of our website. We do not guarantee that our website will always be available or be free from error, virus or similar.
The supplier does not exclude liability for:
(i) any fraudulent act or omission; or
(ii) for death or personal injury caused by negligence or breach of the supplier's other legal obligations.
Subject to this, the supplier(we) is not liable for:
(i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or
(ii) loss (eg loss of profit, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
loss or corruption of any data, database or software) to the customer's business, trade, craft or profession which would not be suffered by a consumer - because the supplier believes the customer is not buying the goods wholly or mainly for its business, trade, craft or profession. To the maximum extent permitted by law, Holidolls Ltd accepts no liability for any special, indirect or consequential loss or damage.
Some of the items which we offer for sale are fashion items and may not be suitable for all kinds of other activities. You should therefore satisfy yourself that items are suitable for the type of activities that you wish to use them for, if you are unsure about the use of your item please contact us before hand for instruction and/or our recommended use.
We will not be in any way responsible to you for a failure to sell goods which you wish to buy or otherwise for a failure to comply with our obligations under the contract or any costs or liabilities which you incur as a result of any circumstances beyond our reasonable control including but not limited to any act of God, flood, fire, earthquakes, trade disputes, changes in legislation, lack of third party materials or services or terrorist acts.
Our rights in the website/intellectual Property Rights
The copyright and other ownership rights (known as "Intellectual Property Rights") in this website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by us or our licensors. Content also means any images, audio, video, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
You must not allow yourself or allow anyone else to use, reproduce, transmit, display, sell, license, publish, to copy, distribute or modify any of the content of this website, to create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the content on or transmitted through the website. (© Holidolls Ltd All Rights Reserved.) Anyone may view this website and print pages from it for personal use only, for browsing our products and placing an order with us. Another use is strictly prohibited without our prior written consent. You must not make any copy of any material from the website for any business related use whatsoever.
You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the website. Linking to our website on other websites is at our discretion and we may require that you stop providing links to our website at any time. We may use any information which you upload to our website as we decide and we may also disclose that information to a third party. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the prior written permission of Holidolls Ltd
Your use of the website
You may use the website only for lawful purposes. You may not use the website for making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
Submissions or comments which are in any way defamatory, abusive, illegal, hateful, obscene, offensive, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this website.
You must not corrupt the website, flood it with information causing it to malfunction or use any features which may affect the website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
We may refuse access to this website to anyone who does not comply with these terms and conditions. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website.
SALE OF GOODS
Basis of Sale
The website displays goods which are advertised for sale and gives information about them. By advertising goods on the website, we are inviting you to place an order with us. All goods which appear on the website are subject to availability; we can make changes to the goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
If you place an order, we are not obliged to accept that order and the contract between us will only be formed if and when we accept your order. Neither submitting an electronic order form, nor completing the checkout process constitutes our acceptance of your order. Our acceptance of your order and the completion of the contract between you and us will take place upon dispatch to you of the goods. You may include any number of items within a single order, subject to any restrictions set out in these terms and conditions or on the website and each order which you place will be a separate contract between us. You must ensure that the order is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you.
We reserve the right to refuse to supply goods to any person, although we will try to tell you the reason without delay, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment or other genuine and fair reason.
The goods shown for sale on this website are intended for private, consumer use and you must not resell goods or offer them as a commercial enterprise. We reserve the right to limit the total value of goods which can be included in an order. If the total value of goods in your bag exceeds the limit which we may choose from time to time, then we will contact you.
The ordering process is set out on the website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.
No variation of the contract, whether about description of the goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by you and us in writing.
The ordering process
Choose your goods: you can select a product for purchase by clicking on the item which you are interested in and then clicking on "Add to cart".
Review your basket: you can review the products which you have added to your basket. You can change the contents of your basket by amending the quantity of goods you want to order (which may be subject to a maximum number of items, per size from time to time), removing any unwanted items by clicking “remove” and viewing the basket total value. You can then continue shopping and adding to your basket if you wish or if you don't want to buy anything else, go straight to the next step. You may also make full use of the options provided to give us any extra information in the “custom order” text box provided on each product page.
Checkout: once you have finished shopping, you can proceed to checkout by clicking on "Checkout"
Billing and shipping information: you will then be asked to enter your billing information. To register you will be asked to provide your e-mail address and your billing and shipping information. We will then store that information for the purposes of processing your order but it will not be recognized next time you visit the website. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of your failure to provide accurate address details.
Order summary and payment Information: You will then need to choose your payment method and enter your payment details. Please check this information very carefully. This includes details of the goods in your order. You should check the details at this stage very carefully as this is the final stage in the order process at which you can correct any mistakes or change the goods which you want to order. You can do this by returning to the home page and completing the process set out above again. If you are happy with your order, click " Checkout” By clicking on “checkout,” you are confirming that you have read, understood and accepted these terms and conditions.
Prices and payment
The price for each type of the goods, the price of any goods and any additional delivery or other charges is that set out on the website at the date of the order or such other price as we may agree in writing. Prices and charges include VAT at the rate applicable at the time of the order and are in euro. If the rate of VAT increases before acceptance of the order, we will only increase the price or charge by the amount of that increase if you agree; otherwise we must reject the order and promptly inform you of this.
We may amend prices at any time. Where there is a difference between prices at the time the order is made and when we ship your order, we will inform you by email or telephone and ask you if you wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to your credit or debit account.
Delivery charges are shown on your order confirmation. All applicable delivery charges are as stated on the website at the time you place your order. The delivery charge for the order is shown on the confirm order page below your chosen items. This means that if you order more than one item, there is no delivery charge for the additional items.
You must pay by submitting your Paypal, bank transfer, credit or debit card details with your order and we can take payment immediately or otherwise before delivery of the goods. We must receive payment for the goods IN FULL before they are dispatched. Custom orders require a deposit, this amount will depend on individual items depending on your requirements. Deposits of any types should be paid by Paypal , bank transfer, credit or by debit card. This is to be agreed between us and yourself and paid to us before any order is accepted and processed.
We accept payment via most major credit and debit cards including Visa, MasterCard, Maestro and American Express, PayPal and bank transfer. You must only use a card if you are the named cardholder. By placing an order, you confirm that you are the authorized cardholder. All credit and charge card holders are subject to validation and security checks as well as authorization by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorize payment, we will not accept your order and will not be liable for any delay or non-delivery.
Your card provider may charge you for using your card. Please check the terms and conditions with your card provider carefully and in advance of submitting your payment details.
If we do not have sufficient stock of goods, we will notify you by e-mail and your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of your order. We will not be responsible for any compensation if goods which you order are not available for any reason.
Once we have received confirmation that your payment has been authorized, a screen will appear, thanking you for your order. You will be given a confirmation and an e-mail will be sent to you to acknowledge your order. It will confirm the goods, price and any delivery charge. Print a copy of the order acknowledgment and e-mail and keep them for your records. Please note, our acceptance of your order (regardless of the content of any emails we send you) .
Refusal of cancelling your order: we may refuse your order or cancel your order if we decide it is reasonable to do so which may include circumstances where: we are unable to obtain authorized payment or the payment process is incomplete; or we identify a product or pricing error on the website; or you fail to meet any criteria for eligibility of purchase which we may impose from time to time; or we suspect that your order is related to fraudulent activity; or you fail to submit all necessary and relevant details to allow us to fulfill the order; or goods are unavailable or out of stock.
Before dispatch: we may contact you by telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept it. For example, we may do this if your order is of particularly high value and/or a custom order.
References to "working day" shall mean any day of the week excluding National Holidays, Sundays and Bank Holidays. However, time is not of the essence for delivery or performance and all delivery dates specified on our website and in any correspondence are estimates only. This means that we will not be responsible if goods are delivered outside those times and we will not be liable for the consequences of any delay. If we are unable to deliver the goods within the indicated timescale, we shall use reasonable efforts to tell you this by e-mail and give an amended delivery estimate.
We will deliver the goods, to the delivery location by the time or within the agreed period or, in any event, not more than 30 days after the day on which the contract is entered into. If the goods are not delivered on the date expected you should notify us in no more than 5 working days.
In any case, regardless of events beyond our control, if we do not deliver the goods on time, you can (in addition to any other remedies) treat the contract at an end if: we have refused to deliver the goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or you said to us before the contract was made that delivery on time was essential; or after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you or your nominees fail, through no fault of ours, to take delivery of the goods at the delivery location, we may charge the reasonable costs of storing and redelivering them. You agree we may deliver the goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If any goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the order for some of those goods without also cancelling or rejecting the order for the rest of them.
The goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the goods before accepting them.
We deliver our goods internationally. In some cases you may need to pay import duties or other taxes, as we will not pay them. Our goods are sold on a DDU (Delivery Duty unpaid) basis. Additional taxes, fees or levies may apply according to local legislation. Recipients of deliveries made outside the European Union may have to pay import duty or formal customs entry. If this is the case, the delivery may be delayed. We cannot offer any assistance in these processes. To help make sure that customs duties are not payable for deliveries outside the EU, check the custom duty threshold of the country you're sending your items to, before you order, and keep your total basket value below that threshold.
Conformity and Guarantee
We have a legal duty to supply the goods in conformity with the contract, and will not have conformed if it does not meet the following obligation. Upon delivery, the goods will: be of satisfactory a. quality; be reasonably fit for any particular purpose for which you buy the goods which, before the contract is made, you made known to us, expressly or by implication, regardless of whether that is a purpose for which goods of that type are usually supplied (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the contract; and conform to their description. It is not a failure to conform if the failure has its origin in your materials.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out the details of the guarantee are set out...", eg "in a booklet sent with the goods". This guarantee will take effect at the time the goods are delivered, and will not reduce your legal rights.
Returns, refunds and cancellations
You have a legal right to cancel the contract (subject to certain exceptions set out below) without giving any reason within 14 days of the day after you receive the goods.
You can cancel by contacting us by e-mail at email@example.com. You should keep evidence of having given notice of cancellation, such as an e-mail receipt.
You must return the goods to us (at your own risk and cost) within 14 days of notifying us that you wish to cancel by sending them (by recorded delivery or courier). To do this we ask you to email us on requesting a “returns reference number”, at this point we will give you the address to return the goods to.
We will not be responsible for any costs associated with returning the goods to us.
If you treat the contract at an end, we will return all payments made under the contract in 14 days since receiving the returned goods. If you were entitled to treat the contract at an end, but do not do so in 14 days since receiving the goods, you are prevented from cancelling the order for any goods or rejecting goods that have been delivered.
Rules for accepting the returns/exchanges:
You must take care of the goods before you return them to us. The goods must be returned unused with the original packaging.
The refund will be made only if the briefs, bodysuits and swimsuits are returned with the protective adhesive strip intact and untampered.
Items that have been damaged, washed, altered or that Holidolls reasonably believes have been used will not be accepted.
We will replace the goods or refund you if the items/s are faulty provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, your negligence or if you fail to follow product instructions of use, if the goods have been misused, altered or repaired without our approval.
We will not refund/exchange any of the goods if you cause damage to them that could later reduce their resale value.
If you simply want to exchange the goods you have ordered you can do so within 7 working days of receiving the goods. However the goods have to comply with the above stated rules, otherwise we will not exchange the goods nor refund you for their amount.
You do not have the legal right to cancel any goods which have been personalized to your own requirements (for example swimwear that is custom made to fit or custom made designs of any type).
Any custom made orders will require a deposit, once a deposit is received please note that the deposit/s for those items will be non refundable under any circumstance.
If you believe that goods have a defect then you should not make any further use of them before returning them to us. Upon receiving the return we will check the goods according to these terms and conditions & rules and if we confirm the defect we will exchange the goods and the replaced goods will be sent by courier and we will pay the delivery.
If the goods or quantity which you receive are not as you ordered due to our error then you should inform us by e-mail or letter using the contact details, as soon as possible after you receive the goods and become aware of the error. We will make good any error. We will also reimburse to you any delivery costs which you incur in sending the incorrect goods back to us. However, we ask you to contact us in advance to arrange your return. Any goods which you receive in error and intend to return should not be used by you.
Please note that we do not entertain any credit agreements.
All gift vouchers are valid for 6 months from the date of purchase and are usable on all full priced items, sale stock and custom order requests.. Sale stock is non refundable and non exchangeable . Gift vouchers are NOT exchangeable for cash under any circumstance.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control: the party will advise the other properly as soon as reasonably practicable; and the party's obligations will be extended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the customer's above rights relating to delivery.
Law and Jurisdiction
Business Name: Holdiolls ltd
Our Contact Details: