TERMS & CONDITIONS
General Terms and Conditions for the ANOUSKA HEMPEL DESIGN LTD
Online Store United Kingdom
Issued: August 2012
1 Scope and Definitions.
(1)These General Terms and Conditions (the "Terms") will apply when you access the ANOUSKA HEMPEL DESIGN LTD Online Store (the "Website") or place orders to purchase any of the goods on the Website www.anouskahempeldesign.com in the ANOUSKA HEMPEL DESIGN Online Store United Kingdom. Any reference to "we"/"us"/"our" in these Terms is a reference to ANOUSKA HEMPEL DESIGN LTD [27 Adam & Eve Mews London W8 6UG] and any reference to "you"/"your" means you, the user of the Website.
(2)Please read these Terms carefully before using the Website and placing your order. By accessing any part of the Website or ordering goods from the Website, you agree to be bound by these Terms. We recommend that you keep a copy of these Terms for future reference.
(3)These Terms are only available in the English language.
2 Our Contract
(1)Your order via our enquiry form constitutes an offer to us to buy the goods you specify from the Website. We are only able to accept online orders that have:
a)a minimum purchase value of £25.00(twenty five pounds) [including value-added tax but excluding any delivery charges]; and
b)a maximum order value of £2,500.00 (two thousand five hundred pounds) [including value-added tax but excluding any delivery charges];
All orders are subject to availability and will not constitute a binding contract of sale until accepted by us. We reserve the right to refuse to accept an order.
(2)Purchases made on the Website are for your personal or gift use and are not to be used for re-sale, commercial purposes or any other commercial benefit. We reserve the right to refuse orders for multiple quantities of an item ordered by any one customer or to any one postal address.
The Order Process
(1)You may select items from our range of goods. By clicking on the "Enquire" or "Purchase" button on the enquiry pages, you submit an offer to buy the goods specified. As soon as this offer is accepted by us in the way specified in paragraph (4) below, your order forms a binding contract of sale between you and us.
(2)You will be sent an e-mail confirming receipt of your order (the "Confirmation E-Mail") with a summary of the details of your order, which we would recommend that you print out and keep for your own records. The Confirmation E-mail does not constitute our acceptance of your order; it merely records the fact that we have received the order.
(3)We will send you a second e-mail when we dispatch your goods which shall constitute our acceptance of your order (the "Acceptance E-Mail"), at which point a binding contract of sale will be concluded between you and us. We will file a copy of any orders that are accepted by us.
Your promises to Us
You confirm that:
(1)you are over 18; and
(2)all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.
Delivery Times, Availability of Goods
(1)We will notify you of the estimated delivery time for your goods during the order process and in the Acceptance E-Mail. It may take slightly longer to deliver goods to very remote areas. We only deliver merchandise within the United Kingdom and unfortunately are unable to deliver to the Channel Islands.
(2)Whilst we will do our best to deliver your goods within 30 business days of sending you the Acceptance E-Mail, sometimes it may take longer than expected. You accept that on occasion, it may take us more than 30 days to deliver your goods and we thank you for your patience should this occur. If you change your mind in the meantime, you have the right to cancel your order in accordance with paragraph 9.
(3)In the event that we are unable to meet the original delivery time stated in the Acceptance E-Mail, we will notify you of this as soon as possible and at the same time specify a new estimated delivery time.
(4)Where you have ordered multiple goods, we may sometimes need to deliver your goods in more than one delivery. If more than one delivery will be required, we will always inform you beforehand.
(5) If for any reason the goods ordered by you are not available at the time you place your order, we will notify you of this by e-mail. Our acceptance of your order in the Acceptance E-Mail is limited to the goods that are available. No contract of sale will be concluded in respect of goods that are not available.
(6)As soon as the goods are delivered to you, they become your responsibility.
Prices and Delivery Charges
(1)All of the prices listed on the Website include the currently applicable statutory value-added tax.
(2)The prices shown on the Website do not include delivery charges.
We reserve the right to make a surcharge for deliveries to very remote areas. If a surcharge is applicable to your order, you will be informed at the checkout stage of the order process, prior to placing your order.
Payment, Default in Payment
(1)We offer a variety of different payment methods and you can choose how you would like to pay for your goods.
(2)If paying by credit or debit card, the full payment price will be debited from your card upon or shortly before dispatch of the goods to you.
(3)You confirm that the credit or debit card that is being used is yours. All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
Thirty Day Returns Guarantee
(1)If for any reason you are unhappy with your goods, you have the right to return them within 30 days of your order being delivered to you and receive a full refund (including delivery charges if the whole of your order is returned), provided
(a)the goods are returned using the pre-printed returns label to: Returns: ANOUSKA HEMPEL DESIGN, 27 Adam & Eve Mews, London W8 6UG, United Kingdom, and
(b)the goods are returned in their original condition, have not been damaged, washed, altered or excessively worn and include the original packaging and any related accessories or instruction books.
(2)We will provide you with a full refund to the card used when placing your order within 30 days of us receiving the goods in accordance with paragraph 8(1). We will then send you an e-mail confirming that this refund has been made.
(3)ANOUSKA HEMPEL DESIGN is under no obligation to accept returns and provide refunds for goods that do not comply with paragraph 8(1) (notwithstanding your statutory rights set out in paragraph 10). Goods that are not accepted by us will be returned to you.
(1)If your goods are faulty or do not meet the description given on the Website, please contact us as soon as possible at email@example.com or by fax 0207 938 2702. We ask you to return the faulty goods to us and will then provide you with replacement goods where available, or alternatively give you a full refund for those goods.
(1)In addition to your 30 Days Return Guarantee, set out in paragraph 8 above, you have a statutory right to cancel your order and receive a full refund provided you notify us in writing that you are exercising this right of cancellation no later than seven working days beginning the day after you received your goods.
The written cancellation notice should be sent to the following e-mail address: firstname.lastname@example.org or by fax to 0207 938 2702.
(2)We will provide you with a full refund (including delivery charges if the whole of your order is returned) within 30 days of receiving your notice of cancellation. We ask you to take care of the goods whilst they are in your possession and return them to us at the address given in paragraph 8(1) as soon as reasonably possible after cancelling your order.
(3)Please note that if you fail to take reasonable care of the goods, or fail to return the goods to us, we will be entitled to make a claim against you for any losses which we suffer as a result. We may also decide to ban you from using the Website in the future.
(4)If we have not received the goods from you within a reasonable time following cancellation, we reserve the right to send a courier to collect the goods from the address to which they were delivered and charge you for the costs we incur in doing so.
Your Personal Data
(1)Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
(2) We will not be responsible for any loss or damage caused to you where such loss or damage is not reasonably foreseeable to you and us at the point at which you agree to these Terms (including where the loss or damage results from our breach of these Terms). Loss or damage will be reasonably foreseeable where it could be contemplated by you and us.
(3)We will also not be responsible for any loss or damage caused to you where you are not entering into these terms as a consumer.
(4)We do not:
(i)accept any liability for damage to your computer system or loss of data that results from your use of the Website;
(ii)guarantee which content and services will be available on the Website. All content and services on the Website are provided on an 'as is' and 'as available' basis; or
(iii)guarantee that the Website will be available uninterrupted and in a fully operating condition nor that the information on the Website itself will be free from errors or
omissions (however, we will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention).
(5)When you order goods from the Website, our aggregate liability to you for any loss or damage arising in connection with these Terms shall be limited in respect of each claim, to the purchase price of your order.
(6)We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.
Copyright and Other Intellectual Property Rights
(1)Your use of the Website grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
(2)We provide the Website to you solely for your personal, non-commercial use. The content of the Website may not be used for any other purpose without our express written permission.
(1)We reserve the right to change or update these Terms from time to time.
(2)These Terms will be governed by and construed in accordance with the laws of England and any disputes that may arise shall be subject to the non-exclusive jurisdiction of the English courts.
(3)If any of these Terms are found to be invalid by any court or regulator, the other Terms shall continue to apply.
(4)Please let us know if you have any questions or complaints regarding the Website. You can contact us by e-mailing email@example.com or writing to us at the address provided at the top of these Terms.