Terms and Conditions
These Terms may be subject to amendment, so You should carefully read them prior to placing any order.
Published and Effective: 5th October 2020
Use of our website
These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unreservedly accept these Terms, having read them.
You agree that:
1.You may only use the website to make legitimate enquiries or orders.
2.You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
4.If You do not give us all of the information that we need, we may not be able to complete your order.
By placing an order through the website, You warrant that You have reached the legal age under European law, and that You are legally capable of entering into binding contracts and are fully responsible for the authenticity of all information contained in your order. You hereby confirm, before placing an order through the website, on the one hand, we have provided you with and draw your attention in a conspicuous manner to, on the other hand, you have carefully read and fully understand, the relevant information of the products or service in your order, including quantity and quality, price or expense, performing period and method, safety caution and risk warning, after-sales service, civil liabilities, etc.
The items we offer on this website are only available in Europe.
How the contract is formed
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between You and us until your order has been accepted by us. If we do not accept your order and funds have already been deducted from your account, these will be fully refunded.
To place an order, You will be required to follow the shopping process online and press the button to submit the order. After this, You will receive an e-mail from us acknowledging that we have received your order (the “Acknowledgement of Receipt”). Please note that this does not mean that your order has been accepted by this Acknowledgement of Receipt, even though the funds might have also been deducted from your account, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an e-mail that confirms that the product has been dispatched (the “Shipment Confirmation”). The contract for the purchase of a product between You and us (the “Contract”) will only be formed when we send You the Shipment Confirmation.
The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
Availability of products
All orders for products before Shipment Confirmation are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give You information about substitute products of an equal or higher quality and value which You can order. If You do not wish to order such substitute products, we will refund any money that You might have paid.
Refusal of order
We reserve the right to withdraw any Product from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent You an Acknowledgement of Receipt, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to You or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent You the Acknowledgement of Receipt.
Your rights to cancel
If You are contracting as a consumer, You may cancel a Contract at any time within 30 days, as of the confirmation of the dispatch of your order. In this case, You shall receive a full refund of the price paid for the products in accordance with our Returns Policy (see below).
Your right to cancel a Contract only applies to products that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Any product which is damaged or not in the same condition as You received it or which is worn simply beyond opening the product will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.
You will not have any right to cancel a Contract for the supply of personalised items.
Please take good and reasonable care of the products whilst in your possession, and original boxes, instructions/documents and wrappings should be retained and used for the return of the products.
This provision does not affect your statutory rights as a consumer.
Subject to the provisions above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 days of the date of the Shipment Confirmation.
Reasons for delay could include: personalisation of products; specialized items; unforeseen circumstances; delivery area; wrong information given by You such as errors in the delivery address.
If for any reason whatsoever, we cannot meet the delivery date, You will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. The delivery of products could be processed during 365 days a year.
For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address and showing proof of this.
Unable to deliver
If we are unable to deliver the goods after first attempt, a notification will be left in your mailbox so you can pick-up at the nearest store.
Risk and title
The Products will be at your risk from the time of delivery in the address indicated by You.
Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, should this be later.
Price and payment
The price of the products shall be the one quoted from time to time on our website, except where there is an apparent error. Whilst we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.
We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as such.
The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due whenever we see fit as set out in our Shipping Guide.
Prices may change at any time but (except as provided above) any potential change will not affect any order regarding which a Shipment Confirmation has been sent.
Once You have finished shopping, all the items You wish to purchase are added to your shopping cart. Your next step will be to go through the checkout process and make payment.
Payment can be made by Debit card, Credit card and Paypal.
If we do not receive your payment, we will not be liable for any delay or non-delivery and we will not be able to form any Contract with You.
Value Added Tax
All purchases done through the website are subject to Value Added Tax (VAT). The prices mentioned in the website include VAT.
Exchanges and Return policy
Returns in the exercise of the right to cancel your purchase
General policy: If You wish to cancel the Contract within the period specified above, You can make a return by sending the products to us via a courier arranged by you. You should send the product in the same package received by following the directions on the “RETURNS” section of our website. This option will entail any additional cost to You.
If You have any doubts You can contact us through at firstname.lastname@example.org
We will process your refund as soon as possible and in any case, within 30 days from the day we confirmed to You that You are entitled to a refund. We will refund any money received from You using the same method used to make payment.
Such products which are not in the same conditions as those of delivery or which have been used beyond the mere opening shall not be exchanged or refunded. We do not accept any exchanges at the moment.
Returns of defective products
In circumstances where You consider that the product does not conform to the Contract at the time of delivery, You should promptly contact us at email@example.com with details of the product and its damage and You will receive instructions from us.
You may return the product to us by giving it to the Courier. Upon receipt of the returned product, we will fully examine it and notify You of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to You via e-mail that You are entitled to a refund or replacement for the non conforming product. In case of existence of any defect, defective products will be refunded in full, including a refund of the delivery charges and any necessary and reasonable costs incurred by You in returning the item. We will always refund any money using the method used to make payment. This provision does not affect your statutory rights under the regulations in force.
Liability and disclaimers
Our liability in connection with any Product purchased through our website is strictly limited to the purchase price of that Product except for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise expressly stated by law, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort, breach of contract or otherwise, including (without limit) for any: loss of income or revenue; loss of business; loss of profits or contracts; loss of profits or contracts; loss of data; and waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. All product descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Nothing in this Clause will affect your statutory rights as a consumer, or your statutory rights of Contract cancellation.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or Contract details.
Applicable 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 condition does not affect your statutory rights.
All notices given by You to us should be given to us preferably via email. Subject to and as otherwise specified in clause 16 above, 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 immediately when posted on our website, 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.
Transfer of rights and obligations
The Contract between You and us is binding on You and us and on our respective successors and assigns.
You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.
Events outside our control
We will not be liable or responsible in part or in whole 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”) in light of the impact of such Force Majeure Event. A Force Majeure Event refers to the objective circumstances that are unforeseeable, unavoidable and insurmountable.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
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 the provisions of the paragraph on Notices above.
If 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, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms. Neither You nor 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). The only remedy of either party shall be for breach of contract as provided in these Terms after the Contract between You and us is duly formed.
Our right to vary this agreement
Law and jurisdiction
Contracts for the purchase of products through our site will be governed by European law.
Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the competent European courts of the place where Marquesa, brand owned by Adornista Limited, domicile is.
If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
We welcome your comments and feedback. Please send all feedback and comments to us via firstname.lastname@example.org