TERMS OF BUSINESS FOR THE PURCHASE OF PRODUCTS BY PERSONAL CUSTOMERS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS, THEY FORM A CONTRACT WHICH IS LEGALLY BINDING ON YOU, YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 12
- 1.1 Welcome to our website (www.elviravintage.com) (the "Website" or the "Site")
- 1.3 These Terms tell you the terms and conditions on which we supply to you any of the products ("Products") listed on our website. The following Terms apply when you order Products from our site. Please read these Terms carefully before ordering any Products. You should understand that by ordering any of our Products, you agree to be bound by these Terms.
- 1.4 If you find yourself unable to agree to these Terms please do not use our ordering service and we ask that you do not proceed to purchase any Products listed on the Site.
- 1.5 You will be required to confirm that you accept these Terms when you order any Products from our Site. Please click on the button marked "I Accept" at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order any Products from our Site.
2. INFORMATION ABOUT USwww.elviravintage.co.uk is a Site owned and operated by Elvira Vintage LLP ("we"). We are a limited liability partnership registered in England and Wales under number OC376791 and with our registered office at 10 Upper Berkeley Street, London, W1H 7PE. We are not registered for VAT.
3. OUR PRODUCTS
- 3.1 Our Products, except where expressly stated, are vintage, meaning that the Product has been pre-owned and usually worn. Please take into consideration that our Products may therefore have slight imperfections due to their age and previous wear. Where Products have an imperfection this will be stated in the description of the item on the Site.
- 3.2 We guarantee 100% authenticity of Products which are stated in the item description to be a designer label.
- 3.3 By accepting these Terms you confirm that you have understood the description of the Product including any imperfections.
4. OUR MEASUREMENTS
- 4.1 All Products are measured lying flat.
- 4.2 Clothing items are measured in the following way:
- 4.2.1 for shoulders from seam to seam;
- 4.2.2 for sleeves from the top of the shoulder seam to the bottom of the cuff;
- 4.2.3 for hips across the fullest part at the top of the legs;
- 4.2.4 for the bust from one inch below the bottom of the armhole seam straight across the chest;
- 4.2.5 for the waist across the slimmest part of the waistline or alternatively across the waistband;
- 4.2.6 for the rise from the top of the waistband to the crotch;
- 4.2.7 length measurements are taken from the top of the back; the neckline or the waist of the Product to the hem.
- 4.3 Accessories are measured in the following way:
- 4.3.1 bags and wallets are measured by width, height, depth, handle drop and strap length;
- 4.3.2 bracelets are measured by width, length or inner and outer circumference;
- 4.3.3 rings are measured by circumference;
- 4.3.4 scarves are measured by width and length;
- 4.3.5 belts are measured by width, length and the minimum and maximum hole measurements;
- 4.3.6 gloves are measured by the width at the fullest part of the hand and length from the tip of the middle finger to the cuff;
- 4.3.7 hats are measured by the height, inside circumference and brim depth;
- 4.3.8 earrings and necklaces are measured by width and drop;
- 4.3.9 brooches are measured by width and length;
- 4.3.10 glasses are measured from arm to arm and the width and length of the lens.
5. YOUR STATUS
By placing an order through our Site, you warrant that:
- 5.1 You are legally capable of entering into binding contracts; and
- 5.2 You are at least 18 years old.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 6.1 Your order constitutes an offer to us to buy one or more of the Products listed on our Site.
- 6.2 After placing and paying for your order via the Website, you will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). This email is to notify you of the fact that we have received and accepted your order. The contract between us for the purchase of Products (the "Contract") will only be formed when we send you the Order Confirmation, whether or not you receive such email. At that time a legally binding agreement on these Terms will become effective.
- 6.3 If you notice an error in the Order Confirmation you must notify us immediately by email at email@example.com
7. AVAILABILITY AND DELIVERY
- 7.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
- 7.2 The Products ordered by you can only be delivered to the delivery address provided by you when placing your order and upon which our Order Confirmation is based. We do not deliver to PO Box addresses.
- 7.3 If we cannot deliver your order within the period specified in our Order Confirmation then we will contact you and you may choose to cancel your order, and in those circumstances we will provide you with a full refund.
- 7.4 When we deliver the Products to you we will always require a signature confirming that all Products covered by the specific Order Confirmation have been delivered.
8. RISK AND TITLEOwnership will pass to you when we receive payment in full for the Products ordered. The Products will be at your risk from the time of delivery.
9. PRICE AND PAYMENT
- 9.1 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.
- 9.2 These prices include VAT but exclude delivery costs, which will be clearly stated and added to the total amount due.
- 9.3 The cost of delivery will vary upon the weight of the Products, the packaging required and the delivery address.
- 9.4 Our Site contains a number of Products and it is always possible that, despite our best efforts, that some of the Products listed may be incorrectly priced or already sold. We will normally verify prices and availability as part of our Order Confirmation procedures so that, where a Product's correct price is less than our stated price, we will refund the difference. If a Product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection and the reason for it.
- 9.5 We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- 9.6 Payment for all Products must be by credit or debit card. Cards accepted by us are listed on our Website on the date when your order is placed.
- 9.7 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
10. SECURITY TAGGINGOur Products are dry cleaned (where applicable), packed and delivered with a noticeable security tag ("Tag") or several Tags attached. Once the Tag is unsealed it must not be resealed. The purpose of the Tag is to assure us that an item has not been worn. A Product is deemed to have been worn once the Tag is unsealed.
11. OUR REFUNDS AND RETURNS POLICY
- 11.1 You must clearly state your delivery address in all communications with us and we will not be responsible for any refund, or damage or loss suffered by you if you have not communicated your full and correct details to us.
- 11.2 We do hope that you will be pleased with your purchase. However, if upon delivery of the Products you find that they are not those ordered by you or that a Product is in a damaged condition when you receive it, please notify us immediately by email at firstname.lastname@example.org. If a Product is not as on the Order Confirmation we will give you instructions as to its return to us and, when received, we will give you a credit note or process a refund, as requested by you, of the purchase price and our delivery charge for sending the item to you.
- 11.3 In the case of alleged damaged Products you must retain the damaged Products and all of its packaging for inspection by us, and when you get in touch with us we will give you instructions as to their return for such inspection. We will process any refund which we agree is due to you as soon as possible, and in any case within 30 days after we confirm to you via e-mail that you are entitled to a refund for the defective Product. The purchase price of Products returned by you because of a defect will be refunded in full, and we will also refund our delivery charges for sending the item to you and for your charges in returning them to us.
- 11.4 We will have no liability to you for any indirect loss you may suffer as a result of not being able to use the Products you have ordered.
- 11.5 You may choose to return a Product within 7 days of receiving it for any reason provided that: -
- 11.5.1 the Product has not been worn and is free from any new defects or odours; and
- 11.5.2 the Product is returned with its original tags attached and is returned in its original packaging ; and
- 11.5.3 the Product is not pierced earrings, an intimate garment, tight fitting bodysuits, hosiery or swimwear as we cannot accept the return of these Products for reasons of hygiene.
- 11.6 Any Product which has had its Tags removed and then reattached will be regarded as worn and therefore will not be accepted.
- 11.7 If the provisions of clause 11.5 apply then you must return the Products to us within 7 days from the day after the date of delivery. You are responsible for the cost of returning the Products to us. Once the Products have been returned to us and we have had an opportunity to inspect them to check that they remain in a resaleable condition then we will process the refund of the purchase price to you plus a refund of our delivery charges for sending the items to you as soon as possible and in any case within 14 days of us receiving the Product. You have a legal obligation to take reasonable care of the Products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- 11.8 In all cases we will only make a refund to the original credit card or debit card used by you to make the online purchase. Legal ownership of the goods will immediately revert to us upon refunding any such payment to you.
- 11.9 In all cases where a Product is returned by you to us we recommend that you should take steps to effect insurance for the return delivery of Products to us as we do not accept responsibility for returned Products which have been lost in the post or by a courier service.
- 11.10 The provisions of this clause do not affect your statutory rights.
12. OUR LIABILITY
- 12.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which vintage products of its kind are commonly supplied.
- 12.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
- 12.3 This does not include or limit in any way our liability:
- 12.3.1 for death or personal injury caused by our negligence;
- 12.3.2 under section 2(3) of the Consumer Protection Act 1987;
- 12.3.3 for fraud or fraudulent misrepresentation; or
- 12.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13. WRITTEN COMMUNICATIONSApplicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This clause does not affect your statutory rights.
14. NOTICESAll notices given by you to us must be given to Elvira Vintage LLP at 10 Upper Berkeley Street, London, W1H 7PE. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
- 15.1 These Terms and any Contract between you and us is binding on you and us and on any person to whom we might transfer our rights.
- 15.2 You may not transfer, assign, charge or otherwise dispose of the agreement made between us by these Terms, or any of your rights or obligations arising under it, without our prior written consent.
- 15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of such agreement, or any of our rights or obligations arising under it at any time.
16. EVENTS OUTSIDE OUR CONTROL
- 16.1 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 events outside our reasonable control ("Force Majeure Event").
- 16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 16.2.1 Strikes or lock outs or other industrial action which affect third parties (for example as Royal Mail or other courier or delivery services).
- 16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- 16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- 16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 16.2.5 Impossibility of the use of public or private telecommunications networks.
- 16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
- 16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- 17.1 If we fail, at any time to insist upon strict performance of any of your obligations under any Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under any Contract or these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
- 17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 17.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
18. SEVERABILITYIf any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, clause or provision will to that extent be severed from the remaining Terms, clauses and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
- 19.1 These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- 19.2 We each acknowledge that, in entering into the agreement created by these Terms or any Contract, neither of us has relied on any representation, undertaking or promise given by the other, or which can be implied from anything said or written in negotiations between us prior to the agreement created by these Terms or such Contract, except as expressly stated in these Terms.
- 19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
20. OUR RIGHT TO VARY THESE TERMS OF BUSINESS
- 20.1 We have the right to revise and amend these Terms from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- 20.2 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms).