Terms of Sale
Kate Somerville ("We/Us/Our")
Terms and Conditions of Purchasing Our Products
Set out below are the terms and conditions on which We will supply products (the "Products") listed on the following Website: http://katesomerville.co.uk (the "Site") to You the consumer ("You"/"Your").
Any contract for any Products which You purchase using the Site will be between You and Kate Somerville Ltd is registered in England & Wales under company number 09664383 and has its registered office at Union House, 182-194 Union Street, London SE1 0LH. Please read these terms and conditions carefully before purchasing any Products on the Site. You should understand that by purchasing Products You agree to be bound by these terms and conditions and should record a copy for future reference.
- Your status
By purchasing Products through Our Site, You agree that:
1.1 You are legally capable of entering into binding contracts; and
1.2 You are at least 18 years old.
- Formation of contract
2.1 After placing an order, You will receive an e-mail from Us which will include an invoice for the goods You have ordered. Please note that this does not mean that an order has been accepted. An order from You constitutes an offer to Us to buy Products. All orders are subject to acceptance by Us, and the contract ("Contract") will only be formed when We dispatch the goods.
2.2 The Contract will relate only to those Products which We have dispatched. We will not be obliged to supply any other Products which may have been part of Your order.
2.3 By initially accepting an order, Living Proof is under no obligation to supply the Products ordered. No additions or changes may be made to an order once placed. Products will be dispatched within 48 hours of the order being placed on the Site, unless there are exceptional circumstances.
2.4 You will be notified by email when Your order has been dispatched. Details of the Products We have sent You will be listed in the email. We will automatically refund You for any Products We are unable to supply.
2.5 Orders will be delivered to the address provided to Us when You place Your order on the Site. Any delivery dates suggested are estimates only, and We are not liable for any losses caused by late delivery or non-delivery.
2.6 The Products will be at Your risk from the time of delivery.
2.7 Ownership of the Products will only pass to You when the goods are delivered to the address You requested when ordering.
- Price and Payment
3.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error, please see clause 3.3 for what happens if we discover an error in the price of the product you order. These prices include VAT, but exclude delivery costs which will be added to the total amount due. Prices are liable to change at any time, but changes will not affect any orders You have placed prior to the date of the change and which We have accepted. We will however, endeavour to provide reasonable notice of any price increases.
3.2 Payments may be made by any of the permitted methods specified on the relevant Site from time to time. We will charge Your chosen payment method, prior to dispatching goods.
3.3 If You fail to pay to us any amount due in accordance with the provisions of these Terms and Conditions, then We may withhold the Products ordered and/or by written notice to you at any time cancel the contract of sale for the Products.
3.4 If You make an unjustified credit card, debit card or other charge-back then You will be liable to pay us, within 7 days following the date of our written request:
3.4.1 an amount equal to the amount of the charge-back;
3.4.2 all third party expenses reasonably incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
3.4.3 all our reasonable costs, losses and expenses directly incurred in recovering the amounts referred to in this clause 3.4 (including by way of example legal fees and debt collection fees).
3.5 If You fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of clause 3.4.
3.6 It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to You. If a Product's correct price is higher than the price stated on the Site We will normally, at our discretion, either contact You for instructions before dispatching the Product, or reject Your order and notify You of such rejection. We are under no obligation to provide the Product to You at the incorrect (lower) price, even after We have notified You that Your order has been dispatched, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mis-pricing.
- Delivery, Title and Risk
4.1 The costs of delivery will be as set out in our Shipping Policy
4.2 Further information and terms in relation to delivery of Products (all of which may change from time to time without notice) are set out in our Shipping Policy . Any changes will not apply to any contract already in existence between you and us.
4.3 The Products which you purchase will be your responsibility from the time we deliver the Products to the address that you gave us for delivery. You own the Products once we have received payment in full.
- Refunds and Returns
5.1 Before You return any Products to Us please contact our returns support staff (see our Returns Policy) who will provide You with a personalised return code. For Your protection, We recommend that You always use a recorded delivery service to return the Products as We will not refund any costs until We receive them.
5.1.1 For Products that have been delivered in error We will refund the full value of those Products and the costs of returning them.
5.1.2 For Products that arrived damaged We will offer You a replacement and refund You the cost of returning the Product to Us.
5.1.3 If You return a Product which You are unsatisfied with for any reason other than the Product being damaged or delivered in error, You will be only be refunded the price You paid for the Product; no carriage will be refunded (unless You cancel the contract within 14 days after You received the order).
5.2 Where We are unable to supply a Product You have ordered and paid for, We will automatically refund You the amount paid for the Product as soon as reasonably possible. We will usually refund any money received from You using the same method originally used by You to pay for Your purchase, unless You have expressly agreed otherwise.
5.3 If You have a complaint or dispute regarding a product or products We have sold You, in the first instance please use our Contact Us form or telephone Us on +44 844 822 8907. If Your complaint or dispute is not reasonably resolved and You are not completely satisfied You may undertake Online Dispute Resolution by contacting http://ec.europa.eu/consumers/odr/ to open a formal dispute.
- Consumer Rights
6.1 As a consumer, You may cancel a Contract at any time within 14 working days, beginning on the day after You received the Products. In this case, You will receive a full refund of the price paid for the Product in accordance with Our refunds policy unless You have waived this right by using the Products before the end of this 14 day period.
6.2 To cancel a Contract, You must inform Us in writing.
6.3 To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
6.4 If You cancel a Contract, We will reimburse to You all payments received from You, including the cost of delivery (except for the supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by us).
6.5 We will make the reimbursement without undue delay, and not later than 14 days after the day We receive back from You any products supplied.
6.6 We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement. We may withhold the reimbursement until We have received the products back.
6.7 You shall send back the products to the return address provided in our Refund Policy without undue delay and in any event not later than 14 days from the day on which You communicate Your cancellation of the contract to us. The deadline is met if You send back the products before the period of 14 days has expired. You will have to bear the direct cost of returning the goods
6.8 This provision does not affect Your statutory rights.
- Our liability
7.1 Our liability for losses You suffer as a result of Us breaking this agreement is strictly limited to the purchase price of the Product You purchased and any losses which are a foreseeable consequence of Us breaking the agreement. Losses are foreseeable where they could be contemplated by You and Us at the time Your order is accepted by Us.
7.2 This does not include or limit in any way Our liability:
7.2.1 For death or personal injury caused by our negligence;
7.2.2 For fraud or fraudulent misrepresentation; or
7.2.3 For any matter for which it would be illegal for us to exclude, or attempt to exclude, Our liability.
- Written communications
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 the Site. 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.
- Notices
9.1 All notices given by You to Us must be sent to Union House, 182-194 Union Street, London SE1 0LH or customercare@katesomerville.co.uk . We may give notice to You at either the e-mail or postal address You provide to Us when You registered to become a registered user with Us, or updated details as held within the Site on My Details. Notice will be deemed received and properly served immediately when posted on the Site, 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.
9.2 Products will be dispatched to the address provided to Us by You via the Site. Invoices will be emailed to the e-mail address provided to Us by You via the Sit.
- Transfer of rights and obligations
10.1 The contract between You and Us is binding on You and Us and on our respective successors and assigns.
10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without our prior written consent.
10.3 We may transfer, assign, charge, 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.
- Events outside our control
11.1 We will not be liable or responsible 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 (a "Force Majeure Event").
11.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- Severability
If any of these Terms and Conditions 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.
- Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- General
14.1 The information and materials contained in these pages - and the terms, conditions, and descriptions that appear - are subject to change. Your eligibility for particular products is subject to final determination and acceptance by Us.
14.2 You must also adhere to the Terms of Website Use governing the use of the Site and Our Privacy Policy which are deemed to be incorporated in these terms and conditions.
- Limitation of liability
We will not be liable for any system failure or malfunction of the Promotions or any consequences thereof. We accept no liability for any loss or damages arising from suspension, variation or termination or in any other way relating to the Promotions except for any liability which cannot be excluded by law.
- Applicable law and jurisdiction
16.1These Terms and Conditions shall be governed by and construed in accordance with English law.
16.2 You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if You are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if You are resident of Scotland, you may also bring proceedings in Scotland.
16.3 The invalidity or unenforceability of individual contractual provisions shall not affect the validity of the remaining contractual provisions. In such case, the ineffective or unenforceable provision shall be replaced by the parties by an effective or practicable new provision.
- Contact
Please email all questions and inquiries to customercare@katesomerville.co.uk