Terms & Conditions
Term's & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE AND USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
WEB SALES AGREEMENT
TERMS AND CONDITIONS OF SALE for Silks & Crystals Ltd
In compliance with The Electronic Commerce (E C Directive) Regulations 2002
1.1 "Buyer" means individual or organisation who buys/agrees to buy Goods from the Seller; 1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between Seller and Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Silks & Crystals Ltd of Pier House, Bressay, Scotland ZE2 9EL (Registered in Scotland - Company Number SC336242 Registered Office: The Slipway, Inverasdale, Ross-Shire, Scotland. IV22 2LN which owns and operates www.silksandcrystals.co.uk & associated websites;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.silksandcrystals.co.uk or www.silksandcrystals.com & all associated domains.
2.1 Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Complaints should be addressed to the Seller's address stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
3.4 Special Orders - Orders that are placed for non-stock Special Order items, require cleared, payment in full, in advance, as there can be no refund or cancellation of such goods/orders due to the nature and expense involved unless they have been received
damaged in transit when the usual return policy applies. For this reason, please ensure that the goods are exactly what are required for the intended use. Up to 6 samples can be requested of Fabrics to help decide if the goods are suitable.
3.5 SILK - Silk is a unique fibre combining the qualities of toughness, elasticity, resilience, warmth and coolness as well as an affinity to dye, resulting in a richness and variety of colour and texture, which cannot be reproduced in other fabrics. As a natural fibre there may be certain irregularities or variations in shade or weave, which are characteristics of silk. However, the fabrics do require special care as they can easily mark, even with water. Great care should be taken when cleaning and instructions followed closely. Avoid direct and prolonged exposure to sunlight as this may lead to loss of colour. It is not advisable to use silk fabric for curtains or blinds in bathrooms due to repeated exposure to high levels of moisture. Do not keep silk or silk garments in plastic covers for any period of time as this will lead to discolouration. Fabrics are 100% pure Silk, exclusive of trimmings, unless otherwise stated.
4 PRICE AND PAYMENT
4.1 Prices for Goods shall be that stipulated on the Website - we reserve the right to apply the correct price if one has been incorrectly applied in error. The price is inclusive of VAT. The price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyers shopping basket prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods, together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges must be made in full, payable to Silks & Crystals Ltd, before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyers purpose.
8.1 Goods supplied within the UK will normally be delivered within 28 working days of payment clearing; however, it is our aim where possible, to ship goods soon after receiving cleared payment. Special Orders have varying delivery times and Buyer will be notified prior to placing order.
8.2 Goods supplied outside the UK will normally be delivered within 30 working days of payment clearing except in the case of Special Orders when the Buyer will be notified prior to placing order.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. This can happen occasionally on Special Orders and is completely out with our control, therefore we cannot be held responsible.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery any costs incurred through not being there to accept deliver will be the buyers, including the cost of having the goods re-dispatched if this becomes necessary.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email or by phone, on Tel No +44 (0) 1595 820 302 within 24hrs of delivery if the Goods are damaged or do not comply with any of the Contract. A returns authorisation number will be forwarded to you and must be included with the returned goods as they cannot be accepted without this. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund within 30 days (including delivery costs) plus any return postal charges if the Goods are in fact defective & returned complete with original packaging and contents.
9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by email within 14 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of special orders, fabric and/or lace which has been cut by the Consumer, their customer, their staff, agents or makers up, and does not apply to finished goods such as underwear for reasons of health & hygiene. No claims will be accepted in respect of making up.
9.4 If the Buyer simply wishes to return Goods they must be returned within 14 working days by the Buyer at the Buyers expense and must be adequately insured during the return journey i.e. returned by the same means in which they were sent. The Buyer will receive a refund within 30 days of cancellation, of monies paid for the Goods, subject to a 20% re-stocking fee (applied at our discretion) including any delivery charges paid but excluding the cost of insured return delivery back to the Seller. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.5 Authorisation must be obtained for the return of goods, upon which, a Returns Order number will be emailed to the customer for inclusion with the goods clearly showing the order number. The order number obtained from the Seller, along with your address, should be clearly stated on the reverse of the package. Returns can only be accepted if goods are sent fully insured and in fully saleable condition i.e. original packaging complete with all components as it is the Buyers responsibility to ensure goods reach Seller in perfect condition, upon which, the refund will be issued.
9.6 Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Sellers agents or employees.
11 WAIVER -
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
1 ACCEPTANCE OF TERMS
Your access to and use of Silks & Crystals Ltd ("the Website") and associated websites, is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website does not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 CHANGES TO WEBSITE
Silks & Crystals Ltd reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm than Silks & Crystals Ltd shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Silks & Crystals Ltd is not responsible for the content or availability of any such sites.
5.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including, without limitation, the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Silks & Crystals Ltd or otherwise used by Silks & Crystals Ltd as permitted by law. In particular, all images are copyright of Silks & Crystals Ltd, James Hare Limited or Swarovski AG and all rights are reserved by the copyright holder.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the website content may be downloaded, copied and reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, Silks & Crystals Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 Silks & Crystals Ltd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. All reasonable precaution is take to try and ensure any risk is limited.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Silks & Crystals Ltd for death or personal injury as a result of the negligence of Silks & Crystals Ltd or that of its employees or agents.
You agree to indemnify and hold Silks & Crystals Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Silks & Crystals Ltd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the law of Scotland and you hereby submit to the exclusive jurisdiction of the Scottish courts.