GENERAL INFORMATION ABOUT THESE TERMS AND CONDITIONS
By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions (“Terms“). If you are unhappy with any aspect of these, then you should contact one of our customer service advisors before placing an order with us. This website and our Terms have been designed for use within the United Kingdom and under English law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-English laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated. Every time you order products from us, the Terms in force at the time of your order will apply to the contract between you and us. If we have to revise these Terms and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.
PLACING AN ORDER
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been (or are about to be) dispatched (“Dispatch Confirmation“). The contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
DELIVERY RULES AND RESTRICTIONS
A delivery charge will be added to your order value where appropriate, please see delivery times and charges http://www.rachelvosper.com/delivery. Please allow two additional days for deliveries to Scottish Highlands, Aberdeen, Northern Ireland and other rural areas. Orders are processed for delivery on working days only (Monday through Friday, excluding Bank Holidays).
All orders require a signature upon delivery. If you are not there to sign for your order, our delivery company will leave a card explaining that their driver has tried to deliver a parcel for the first time. They will then automatically attempt to re-deliver your items the following working day (Monday to Friday). To ensure secure and undamaged delivery of your order, our delivery company will not be able to leave your order ‘hidden’ at the address. We will take all reasonable care to deliver your order to the delivery address stated on your order. However we will not be liable for non-delivery or misdelivery as a result of incorrect data entry. If products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we shall refund the price of the products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by the courier company for returning the goods to us. If the products we deliver to you are damaged or we have sent you the incorrect goods or quantity, please contact us within seven (7) days of delivery at email@example.com. Please do not sign for any packages that are damaged or opened.
Rachel Vosper Gift Vouchers can be exchanged for merchandise at Rachel Vosper, both online at www.rachelvosper.com, by phone on 020 7235 9666, and at our London boutique. Gift Vouchers cannot be exchanged or refunded for cash. Gift Vouchers can be used towards the purchase of goods at a higher price than its face value upon payment of the difference. For Gift Vouchers used towards the purchase of merchandise at a lower price than its face value no change will be given but the balance may be applied to future purchases. Rachel Vosper is under no liability for replacement or refund should vouchers be lost, stolen, damaged or destroyed whether they have been redeemed or not. Furthermore, we reserve the right to refuse any vouchers that have been modified, damaged or defaced. Gift Vouchers are only valid with a unique voucher code. The Gift Voucher will expire on the date indicated on the Gift Voucher; at expiry, any remaining balance will be lost. If any product purchased with a Gift Voucher is exchanged or refunded, any money owing will be added to the balance on the Gift Voucher.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund.
However, this cancellation right does not apply in the case of made to measure products (although this does not affect your statutory rights in the event that such products are faulty or not fit for purpose). Your legal right to cancel a contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your contract is for a single product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.|
|Your contract is for either of the following • one product which||The end date is 14 days after the day on which you receive the last instalment of the product or the last of the separate products ordered.|
|is delivered in instalments on separate days. • multiple products which are delivered on separate days.||Example: if we provide you with a Dispatch Confirmation on 1
January and you receive the first instalment of your product or the first of your separate products on 10 January and the last instalment or last separate product on 15 January you may cancel in respect of all instalments and any or all of the separate products at any time between 1 January and the end of the day on 29 January.
|Your contract is for the regular delivery of a product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the products. Example: if we provide you with a Dispatch Confirmation on 1 January in respect of products to be delivered at regular intervals over a year and you receive the first delivery of your product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all products to arrive during the year.|
To cancel a contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form. If you use this method we will e-mail you to confirm we have received your cancellation.
If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If you cancel your contract we will:
- refund you the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. Please take care to read our Product Care Information enclosed with your order for more information about what handling is acceptable.
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
- if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.
If you have returned the products to us under this clause because they are faulty or mis- described, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the product we may refund you in vouchers.
If a product has been delivered to you before you decide to cancel your contract:
- then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. If we have offered to collect the product from you, we will collect the products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- unless the product is faulty or not as described you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the product from you, we will charge you the direct cost to us of collection (which will not be materially inconsistent with the sums we charged you for delivery).
When returning a product, please complete the reverse side of the invoice (which comes with your order). Pack the items back in the parcel, attach the invoice and send it back to the following address: Rachel Vosper, 69 Kinnerton Street, London SW1X 8ED. When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit. We will only refund or provide an exchange for the costs of postage where the item returned is faulty.
As you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.
PAYMENT AND TAXES
We accept online payment in a secure environment by credit card or Rachel Vosper Gift Vouchers. We currently accept Visa, MasterCard, Delta, and Switch. All transactions are shown in £ sterling. All prices quoted on this website are accurate at the time of publication and are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate. If your order is being dispatched to a destination outside the European Community (EC) then your sales tax will be zero. If your order is being sent to a member state of the EC then the selling price will include VAT at the current rate. The current rate of VAT is 20%. Any customs or import duties levied once the package reaches your destination country will be your responsibility as we have no control over these charges and cannot predict them.
OUR RESPONSIBILITIES TO YOU
If your credit/debit card is used fraudulently as a direct result of being used to buy from our site, then we will assume liability for the first £50 of your loss. Your credit card company is obligated to take responsibility for the rest. We will do our best to work with your credit card company to minimise the hassle for you.
We endeavour to display through this website all items in our current range. We aim to hold stock of all styles and sizes whilst a product is active. However, occasionally an item will be out of stock and if this is the case this will be highlighted in your shopping basket. The stock status for your order will also be notified to you on your order confirmation. All dates quoted for delivery are estimated delivery dates only and may be subject to change and we can accept no liability for any loss or damage (whether direct or indirect) for delivery at any time other than the estimated date for delivery. All orders received before 12 noon will, subject to availability, be dispatched on the following day for a 7 working day delivery. Those orders received after 4pm will be despatched on the day after the next.
CONFORMITY OF GOODS
Product descriptions (including images and descriptions) are provided on product pages for illustrative purposes only to help you in making your decision. It’s important to note that image reproduction in press, advertising and screen resolutions, as well as lighting in situ, can vary your impression of the product.
Before placing an order, please review the product description and specifications carefully. Product pricing and specification can change at any time and without warning.
Please note that some of our products are made-to-order and are strictly non-refundable (unless such product can be shown to be faulty or not fit for purpose).
DISCLAIMER & LIMITATIONS OF LIABILITY
Rachel Vosper Limited does not seek to exclude or limit liability for:
- death or personal injury caused by our negligence or the negligence of our directors, employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession);
- breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
To the fullest extent permitted by law and save as provided above, neither Rachel Vosper Limited nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Rachel Vosper Limited or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you. The limitations of liability in these conditions shall apply equally for the benefit of Rachel Vosper Limited and any other associated company of Rachel Vosper Limited as if references to Rachel Vosper Limited included references to each such associated company. While Rachel Vosper Limited uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Rachel Vosper Limited will not be responsible for any errors or omissions or for the results arising from the use of such information. While Rachel Vosper Limited takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. Further, Rachel Vosper Limited will not be responsible nor liable for your use of any other websites which you may access via links within this website. Rachel Vosper Limited does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Rachel Vosper Limited. The entire liability of Rachel Vosper Limited under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products you have acquired, except as expressly provided in these conditions. Rachel Vosper Limited will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
COPYRIGHT AND TRADEMARK
Rachel Vosper Limited is the owner or licensee of all intellectual property rights on this website and in the material published on it. These works are protected by copyright and treaties around the world. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may: Copy, print or download extracts of the material on this website for the sole purpose of using this website or placing an order with Rachel Vosper Limited Copy print or download the material on this site for the purpose of sending to individual third parties for their personal information provided that you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This contract is between you and us. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by English law. You and we both agree to submit to the non- exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Rachel Vosper is a limited company registered in England with a registered number: 7461217. VAT registration number: 108 9853 82 The registered offices of Rachel Vosper Limited are 20 Bridge Street,Leighton Buzzard, Bedfordshire, LU7 1AL