Terms & Conditions
These Terms will apply to any contract between us for the sale or hire of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.sofiadourvari.com. We are Sofia Dourvari, an independent fashion designer.
1.2 To contact us, please see our Contact Us page on our site.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made efforts to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, dimensions and measurements indicated on our site may vary slightly.
2.3 We are happy to provide you with additional information in respect of our Products, in particular in respect of our sizes; please contact us at email@example.com if you need any further information.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made unless you inform us you are happy to wait until the Product is available.
2.5 In addition to the Products available on our site, we make bespoke Products; please contact us at firstname.lastname@example.org or on 07528 868 053 to discuss any bespoke requirements
2.6 We make the bespoke Products according to the measurements you provide us. You can obtain information and tips on how to measure by contacting us.
2.7 Please make sure your measurements are correct and accurate. Unfortunately, we cannot accept the return of bespoke Products if the reason for the return is because you provided us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure Products that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.
2.8 When you try on any Products, please be careful not to damage or mark them and please ensure that you have not been smoking or wearing perfume, make-up or deodorant which may stain or scent the Product.
2.9 All our Products have undergone wear and tear testing and we provide a warranty that on delivery the Products shall be free from material defects.
2.10 As a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
3. HIRING PRODUCTS
3.1 In certain circumstances you may be able to arrange to hire a Product from us for a limited period of time; please contact us at email@example.com if you are interested in arranging to hire any Products.
3.2 If you hire any Product from us you must comply with the terms of this clause 3.
3.3 All Products hired from us must be returned to us by the return date agreed with us at the time of hire. Failure to return the Product by the agreed date will result in you incurring additional charges which will be payable upon return of the Product. If the Product has not been returned within 14 days of the agreed return date you shall be liable to pay the entire cost of purchase of the Product and we shall invoice you accordingly.
3.4 When you hire any Product you must take care of it and must only use it in a way in which it is intended to be used.
3.5 You must not alter any Products which you hire.
3.6 If you damage, alter or mark any Product which you hire you will be responsible for the costs of repairing the Product, or if it cannot be repaired, the costs of replacement of the Product. We shall invoice you in respect of such costs.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 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 in clause 4.3.
4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
4.4 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 of an error in the price on our site as referred to in clause 9.5, we will inform you of this by e-mail and we will not process your order unless you inform us you are happy to wait until the Product is available. If you have already paid for the Products, we will refund you the full amount as soon as possible.
5. OUR RIGHT TO VARY THESE TERMS
5.1 We may revise these Terms from time to time including in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements.
5.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6. YOUR CONSUMER RIGHT OF RETURN AND REFUND
6.1 As a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 6.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
6.2 However, this cancellation right does not apply in the case of any bespoke, made-to-measure or custom-made products or products made to your specification or clearly personalised.
6.3 Unfortunately, as the bespoke Products are made to your requirements, you will not be able to cancel your order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure Products that are faulty or not as described).
6.4 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products and provided always that you have not worn or used the Product. Working days means that Saturdays, Sundays or public holidays are not included in this period.
6.5 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org or call us on 07528 868 053. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
6.6 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 6.5. If you returned the Products to us because they were faulty or mis-described, please see clause 6.7.
6.7 If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
6.8 We refund you on the credit card or debit card or through the PayPal account used by you to pay.
6.9 If the Products were delivered to you:
(a) you must return the unworn Products to us as soon as reasonably practicable with their original packaging and making sure you obtain proof of posting;
(b) unless the Products are faulty or not as described (in this case, see clause 6.7), you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
6.10 If you have worn the Product (other than to try it on in accordance with the instructions in clause 2.8) or if it is damaged or stained from trying it on, we may not provide a full refund for the Product.
6.11 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 6 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.1 Delivery will be made by Special Delivery unless otherwise specified and we will try to ensure your order will be fulfilled by any estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control, in which case we will contact you in respect of the Event Outside Our Control and its expected effect on the delivery of your Products.
7.2 Delivery will be completed when we deliver the Products to the address you gave us.
7.3 The Products will be your responsibility from the completion of delivery.
7.4 You own the Products once we have received payment in full, including all applicable delivery charges.
8. INTERNATIONAL DELIVERY
8.1 We may deliver internationally, please contact us at email@example.com to enquire about international delivery.
8.2 If you order Products from our site for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 9.5 for what happens in this event.
9.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
9.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10. HOW TO PAY
10.1 You can only pay for Products using PayPal, a debit card or credit card, although if you order a bespoke Product from us, you may also pay by BACS; we will agree payment with you in respect of bespoke Products in each individual instance.
10.2 Payment for the Products and all applicable delivery charges is in advance and, in the case of bespoke Products, we will take payment of a non-refundable deposit at the time of order, as agreed with you.
10.3 If you order bespoke Products, and in other limited circumstances, we may accept payment by instalment, subject always to receipt of full payment of a non-refundable deposit. Please contact us by sending an e-mail to firstname.lastname@example.org or call us on 07528 868 053 to enquire about payment by instalments.
10.4 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
11. OUR LIABILITY TO YOU
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
11.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
11.4 If a Product does not comply with the warranty contained in clause 2.9, we shall, at our sole option, repair or replace the Product, or refund the price of the Product, provided always that you notify us within a reasonable time of discovery that the Product does not comply with the warranty, we are given reasonable opportunity of examining the Products and you return the Product to us.
12. EVENTS OUTSIDE OUR CONTROL
12.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will rearrange delivery after the Event Outside Our Control is over.
13. INTELLECTUAL PROPERTY
13.1 We are the owner or the licensee of all intellectual property rights in our Products and designs, in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 If we produce a bespoke Product for you, all intellectual property rights in that Product shall vest in us and be owned by us. We may use any such intellectual property rights in any way and we grant you no rights in respect of our intellectual property unless expressly agreed otherwise.
14. Communications between us
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 6, you must contact us in writing by sending an e-mail to email@example.com or please contact us by telephone on 07528 868 053. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
14.3 If you wish to contact us in writing for any other reason, you can send this to us by e-mail at firstname.lastname@example.org. You can always contact us by telephone on 07528 868 053.
14.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 2.9 to the recipient of the gift without needing to ask our consent.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 2.9, but we and you will not need their consent to cancel or make any changes to these Terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 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.
15.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. 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.
15.7 We will not file a copy of the Contract between us.