1. Definitionen

In these conditions of sale 'the company' shall mean Topfame Limited trading as Stevies Gowns, ' the buyer' shall mean the person, firm or company by whom an order is given and ' the goods ' shall mean the goods which are the subject of an order. ' An order ' shall mean a verbal or written request submitting fax, telfax or electronic means, including e-mail & web based inquiry.

2. Offer

The submission of an order however made by the buyer to the company shall constitute an offer to purchase the goods specified in the order upon the terms of these conditions which the buyer acknowledges shall apply to all contracts of sale between the company and the buyer.

3. Acceptance

The company shall be deemed to have accepted an order only when it has issued an order confirmation. After an offer has been accepted by the company, it may only be cancelled or amended with the company's written consent. The company reserves the right to forfeit any sums received from the buyer in respect of or towards the purchase price.

4. Design and Confidentiality

Copyright in all the company's designs shall at all time remain vested in the company.

5. Payments

a. Any default in payment in accordance with the company's terms shall entitle the company to suspend deliveries under and to cancel any non-delivered portion of the buyer's order and any other order made by the buyer at the company's option.
b. If the buyer shall fail to pay in full for the goods on the due date referred to in the company's terms, the company shall be entitled to charge interest on the amount outstanding from the due date until the date of actual payment as well after as before judgement at the rate of 3% per annum above the U.K commercial banks base rate in force from time to time.

6. Description and Information

The buyer acknowledges that the buyer has not relied on the judgment of the company in selecting the goods for any purpose and the company does not warrant that the goods are fit for any particular purpose of the buyer whether or not the goods have been specially manufactured, processed, altered or adapted to the special order or requirement of the buyer.

7. Delivery

Dates stated for delivery are intended as estimates only and the company shall not be liable for loss or damage of on any kind howsoever caused by reason of any failure on the part of the company to deliver on such stated dates however caused or arising. The company cannot accept responsibility for sight variation in shade unless on the same dress.

8. Risk

As from the date of actual delivery by whatsoever mode or method, such goods as shall have been delivered, shall be at the time sole risk of the buyer who shall insure the goods for the period from the date and time of delivery until the passing of the goods to the buyer against any loss thereof or damage thereto or any part thereof.

9. Passing of Property

a. The property in the goods remains vested in the company and shall not pass to the buyer until the buyer has made payment in full of the purchase price. So long as the property in the goods shall remain vested in the company, it shall be at liberty at any time to retake possession thereof and for that purpose to enter upon premises of the buyer.

b. Notwithstanding that the property in the goods has not passed to the buyer, the buyer shall be at liberty to resell the goods, but any such resale shall be deemed to be for the account of the company and any proceeds thereof shall be held by the buyer on behalf of the company until such time as the purchase price shall have been paid in full.

c. If, prior to the passing of the property therein, the buyer shall process the goods, or mix them with other goods, ownership of the processed or mixed goods shall forthwith vest in the company and shall remain so vested until such time as the purchase price shall have been paid in full.

10. Defective Goods

Any claim by the buyer that the goods are defective must be made in writing so as to be received by the company not later than 7 days after the date of delivery of the goods and subject to such notification the company shall in no circumstance be liable for any claim in respect of such goods. In the event of such notification being given the company in respect of such goods shall be limited either to repair or replacement thereof or alternatively repayment of the amount paid by the buyer in respect thereof provided that the company shall be under no liability if;

( i ) such goods have not been stored or protected properly;

( ii ) the buyer has parted with possession of such goods.

11. Variations

No variation or waiver of these conditions shall be effective unless agreed in writing by the company.

12. Waiver

No failure to exercise and no delay in exercising by the company any right or remedy under or by virtue of these conditions of sale shall operate as a waiver thereof or prejudice or affect the company's rights and remedies in respect of any subsequent breach non-performance or non-observance of these conditions of sale, nor shall any single defective or partial exercise of those rights and remedies preclude any other or further exercise of that or of any other right or remedy.

13. Governing Law

All contacts concluded pursuant to these conditions of sale shall be governed by and construed in accordance with English law and the parties hereto hereby submit to the non- exclusive jurisdiction of the English courts.