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Terms of Sale

 

1. The contract between us

 We (‘ElyshiaDesigns’) must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. All orders are subject to acceptance by us; our acceptance of your order brings into existence a legally binding contract between us.

2. Products

 2.1
The crystal, pearl and diamante used in our products are made by Swarovski, the freshwater pearl are at least AA+ standard. Our headpieces are made with anti-tarnish silver and gold plated wire on silver and gold plated headbands. Our jewellery is made with sterling silver and 9ct gold components. Rolled gold is available on special order.
2.2
While all pieces are durable and made to a high standard, we advise that you handle them carefully. It is recommended that you pick your headpiece up by the base and avoid handling the decoration. Hairspray should not be used once your headpiece is in place as this may dull the crystals and tarnish the band. 
2.3
All of our products are individually hand crafted and whilst every effort is made to replicate the original design, very slight variations may occur. Measurements given are approximate but shall be as accurate as we can reasonably make them. Elyshia Designs can not accept responsibility for any variations in the appearance of colour of our products due to the computer equipment or software used by our customers. If you would like to view our materials prior to making your purchase then please order one of our sample cards.
2.4
We recommend that our products are stored in the presentation box supplied with each piece to give protection from damage and sunlight. We use acid free tissue paper and enclose an anti-tarnish tab in all of our boxes to prolong the life of our pieces. Elyshia Designs can not be held responsible for metal tarnishing over time.
2.5
Elyshia Designs does not accept responsibility for any damage arising from the use of our products. Our products contain small parts and are not suitable for young children.

3. Price

3.1
The prices payable for goods that you order are as set out on our website. All prices given are in Pounds Sterling. We accept most major credit and debit cards through our secure payment server. No credit or debit card details are stored on our database.
3.2
You will be required to pay extra for delivery outside the UK and it might not be possible for us to deliver to some locations. Our UK delivery charges are set out on our website.
3.3
Our site contains a number of Products. It is always possible that, despite our [reasonable efforts OR best 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 [in writing] 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.

4. Right for you to cancel your contract

4.1
Subject to clause 4.5 below, you may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. A cancelation form will be provided for you to complete.
4.2
Where you wish to cancel your contract in accordance with clause 4.1 above you must notify us in writing.
4.3
If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract prior to receiving the goods and we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4.4
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit or debit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
4.5
Loss or damage during transit shall be at your own risk. We therefore advise that you use Royal Mail Special Delivery as this service is tracked and insured. We recommend that you insure returned goods for the full value as Elyshia Designs can not be held responsible for lost or damaged packages. We recommend that you retain your proof of postage.
4.6
Our delicate products are carefully packaged to ensure that no damage will occur during transit. Should you decide to return your item to Elyshia Designs, please ensure that it is packaged in the same way as it was sent out to you to avoid damage. We are unable to offer refunds on items that are returned in poor condition
4.7
The right to cancel your contract with us in accordance with clause 4.1 above, shall under no circumstances apply to any:

4.7.1
contract entered into for the supply of bespoke products;
4.7.2
contract entered into for the supply of earrings, where they have been removed from the hypiene wrapper; or
4.7.3
items that have been worn or had their swing tags removed.

Cancellation by us

5.1
We reserve the right to cancel the contract between us if:
5.1.1
we have insufficient stock to deliver the goods you have ordered;
5.1.2
we do not deliver to your area; or
5.1.3
one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2
If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
5.3
We will not be obliged to offer any additional compensation for disappointment suffered.

Delivery of goods to you

6.1
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. All of our pieces are individually hand crafted upon placement of order and generally take 10 to 15 working days to be dispatched. Elyshia Designs will advise customers when goods have been dispatched. Any unforeseen delays will be notified to the customer. Should an order be needed more urgently, please contact Elyshia Designs by email or telephone and we will try out best to meet your requirements.

 CHRISTMAS ORDERS All orders received before 20th November will be placed on our urgent delivery system to try and ensure delivery is made in time for Christmas.

6.2
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
6.3
All UK orders over the value of £46 will be sent by Royal Mail Special Delivery with insurance cover for loss or damage up to the value of £500 or such other figure as specified under the special delivery contract. All UK orders under the value of £46 will be sent by Royal Mail Recorded Delivery.
6.4
All international orders will be sent via Royal Mail’s Airsure or International Signed For service with insurance cover for loss or damage up to the value of £500 or such other figure as specified under the contract with Royal Mail.
6.5
Please note that all items will require a signature upon delivery. If you are unavailable to sign for your parcel it will be held at your local sorting office for collection. Royal Mail advise that Special Delivery items will be held for 3 weeks, however as this time frame may change from time to time, it is your obligation to check the Royal Mail’s current rules prior to ordering. After this time the parcel will be returned to Elyshia Designs and you will be responsible for any repeat delivery costs.
6.6
You will become the owner of the goods you have ordered only when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk. You will remain liable for the loss or destruction of the goods until such time as they are returned to us.
6.7
We can not be held responsible for any delivery delays once the goods are in possession of the Royal Mail.

Refunds and returns for damaged goods

We want you to be completely happy with your purchase from Elyshia Designs. Refunds will be given for items purchased through our website, provided that the item is returned within 7 working days. Refunds will not be given if the item has been worn or swing tags have been removed.

7.1
Where the goods delivered to you:

7.1.1
are in a damaged or faulty state;
7.1.2
are not what you ordered; or
7.1.3
the delivery is of an incorrect quantity,

we shall have no liability to you unless you notify us in writing at our contact address of the problem within a reasonable period of time following the date of the delivery of the goods in question.

7.2
If you do not receive the goods ordered within 30 days from the date of despatch, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
7.3
If you notify a problem to us under clauses 7.1- 7.2 above, our only obligation will be, at your option to:

7.3.1
make good any shortage or non-delivery;
7.3.2
replace or repair any goods that are damaged or defective; or
7.3.3
refund to you the amount paid by you for the goods in question and any delivery charges, in whatever way we choose.

7.4
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
7.5
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.

We do not in any way exclude or limit our liability for:
  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  • 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 defective products under the Consumer Protection Act 1987.

8 Notices 

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact email address at [email protected] All notices from us to you will be displayed on our website from time to time.

9 Events beyond our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 Strikes, lock-outs or other industrial action.

 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.

 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 Impossibility of the use of public or private telecommunications networks.

 The acts, decrees, legislation, regulations or restrictions of any government. Our performance under the 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.

10 Invalidity

 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11 Privacy

 You acknowledge and agree to be bound by the terms of our privacy policy

12 Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

13 Governing law

 The contract between us shall be governed by and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to resolve any disputes between us.

14 Entire agreement

 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. As the customer, you hereby warrant that you have not relied upon any representations made by or on behalf of Elyshia Designs or upon any descriptions, illustrations or specifications contained in any webpage or publicity material produced by or on behalf of Elyshia Designs, all of which are only intended to convey a general idea of the products and services mentioned in them. Save for fraud or fraudulent misrepresentation, Elyshia Designs shall have no liability for any such representation being untrue or misleading.

15 Our right to vary these terms.

15.1
We may revise these Terms from time to time in the following circumstances:

  • changes in how we accept payment from you;

  • changes in relevant laws and regulatory requirements[; and OR .]

  • [[OTHER CIRCUMSTANCE].]

15.2
Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
15.3
We keep our terms under regular review. If we change our terms & conditions we will post the changes on this page, and place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. These terms & conditions was last updated on 13/01/2014.