T's & C's of Sale
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles (including any digital content) that the Buyer agrees to buy from the Seller
1.5 "Seller" means Silks & Crystals Ltd of The Slipway, Inverasdale, Wester Ross, Scotland. IV22 2LN that owns and operates https://www.silksandcrystals.com and associated domains;
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 https://www.silksandcrystals.com and associated domains
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s 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 Buyer’s 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 Any 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 14 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.
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 faulty or 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. Please request ‘stock samples’ if you are matching to an existing product.
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. Fabric measurements stated are from/to selvage and approximate.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT.
4.2 The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s shopping cart 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 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.
7.1 Goods supplied within the UK will normally be delivered within 7-10 working days of acceptance of order but in any event, within 30 days after the Contract is entered into. Custom Goods may differ – information will supplied accordingly.
7.2 Goods supplied outside the UK will normally be delivered within 10-14 working days of acceptance of order but in any event, within 30 days after the Contract is entered into. Custom Goods may differ – information will supplied accordingly.
7.3 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.
7.4 Delivery of the Goods (by tracked and signed for means unless stated otherwise) shall be made to the Buyer’s 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. The Seller is under a legal obligation to supply Goods in conformity with the Contract.
7.5 Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.
7.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
The Buyer, if a Consumer, has the right to cancel the Contract within 14 days without giving any reason. The conditions, time limits and procedures for exercising the Buyer’s right to cancel are laid out in the Schedule to these Terms and Conditions together with a cancellation form, in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
9 GIFT VOUCHERS
In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
9.1 Gift vouchers will be dispatched within 48 hours of acceptance of order and will be delivered by email (unless requested to be delivered in printed form via Royal Mail (or other) tracked and signed for) Payment must be made in full prior to dispatch.
9.2 The Buyer must notify the Seller of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.
9.3 Risk of loss, destruction or damage to the vouchers remains with the Seller until delivery to the Buyer where upon risk shall pass to the Buyer.
9.4 Gift vouchers may be exchanged for products on our website. Vouchers cannot be redeemed for cash in part or whole. Vouchers cannot be used in conjunction with other offers unless stated otherwise on individual products. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Seller has been in error in fulfilling the Buyer's order.
9.5 Gift vouchers are valid for 6 months from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.
10 REMEDY FOR BREACH
All Goods (including digital content) supplied by the Seller must be as described, fit for purpose and of satisfactory quality. If the Goods are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.
11 LIMITATION OF LIABILITY
11.1 The Seller shall not be responsible for:
11.1.1 losses that were not caused by any breach on the part of the Seller; or
11.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
11.1.3 any indirect or consequential losses that were not foreseeable to both the Buyer and the Seller.
11.2 The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Seller’s reasonable control.
11.3 Nothing in these Terms and Conditions limits or excludes the Seller’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Seller’s negligence or wilful misconduct.
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.
13 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.
15 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.
16 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.