Online Retailing/Mail Order - Terms and Conditions
By using our website, placing an order for Products electronically or by telephone you confirm your agreement to our terms and conditions.
Conditions
1. An order for Products placed by you, the buyer through our website or over the telephone shall be subject to these terms and conditions
2. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law
3. Nothing in these terms and conditions shall affect the statutory rights of any consumer.
4. You may want to view our Privacy Policy. We may change registration requirements from time to time.
Orders
5. All orders for Products shall be deemed to be an offer by you, the buyer, to purchase Products pursuant to these terms and conditions.
6. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form/over the telephone and we will not be obliged to accept an order unless all details requested have been entered correctly.
7. Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
8. Unless you cancel your order, acceptance of your order and completion of the contract will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in
9. We are entitled to refuse any order placed by you and will not be required to provide an explanation.
10. By placing your order you warrant that you are over 18 years old and that you have capacity to enter into this contract.
Products
11. The Products may differ slightly from the images shown on the website. Without prejudice to the generality of the foregoing you accept that, without limitation, the colour tone, fabrication and visual aspects of the products including beaded and crystal components of the Products may differ from the images displayed on the website. You accept that there may be differences in the actual appearance of the Products from the images on the website this is usually due to photographic technique and context.
12. We reserve the right to substitute Products of a similar description and standard if the requested Products are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the product within 7 working days from the date of delivery, should the substituted product not be acceptable to you. Provided the conditions of clause 25 (below) are satisfied you will then receive a full refund for the returned substituted product.
13. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Pricing Policy [Price and Payment]
14. The price of the Products will be the prices quoted on the website at the date the order is received and will include VAT, delivery prices vary.
15. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the Products to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials, costs of obtaining customs clearance or other certifications or other costs of manufacture).
16. In the unlikely event of there being such an increase in the price of the Products you, the buyer, shall be entitled to cancel the order at any time before delivery.
Payment
17. When we provide any Products to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form/over the telephone.
18. By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided.
19. Title to the Products will pass to you, the buyer, on payment in full of the price of the Products.
20. We will issue you with an electronic receipt together with a dispatch notice and tracking number to your email address once the transaction is completed and will send you a further e.mail once the Products have been dispatched.
Delivery
21. The Products will be delivered to you, the buyer, at the address provided by you on the order form/over the telephone and we require a signature for any goods delivered.
22. The risk in the Products shall pass to you upon such delivery taking place.
23. Any dates quoted for delivery of the Products are approximate only and we shall not be liable for any delay in delivery of the Products however caused. If however we are unable to deliver your Products by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place. In the case of Products comprising precious stones/metals and/or exotic skins delivery outside of the EU may be impossible or delayed as authorizations are sought.
24. We shall not be liable to you, the buyer, for incomplete delivery of the Products however caused but will provide you with the outstanding Products as soon as is reasonably practical. If however we have not delivered the outstanding Products within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding Products.
Returns
25. At
26. You have 14 days to return an item(s) from the day that you receive the item(s). We ask that you request your Returns Authorization (RA) number within 7 days of receiving your order by emailing returns@jennypackham.com
Please quote your order number which you will find on your dispatch note in the top right hand corner under “ Our Order”. Please explain the reason why you want to send your item(s) back. If an item is faulty, please provide full details.
All lingerie and earrings are non refundable.
All items must be returned in the condition that you received them, with all
How To Return Your Purchase
27. You as the customer are responsible for the payment of postage/shipping for returns.
Should you receive a faulty item please email us returns@jennypackham.com stating the order number and fault. We can then arrange a pick up for you.
Returns Note
28. Please read the these instructions on how to return an item;
You will find a returns note in your package.
- Please complete the section explaining the reasons for return. Please put this returns note inside the box.
- Please write you RMA number on the label in the designated place.
- Please attach the label to the parcel.
If You Do Not Have A Returns Note In Your Package;
Please write a detailed explanation of the reasons for return quoting you RA number and post to the following address;
Distributors of
Mode Logistics Ltd.,
Units
Springwood Industrial Estate
CM7 2YW
T: +44(0)1376 339022
Please send your return using a secure and trackable method, for example Royal Mail Recorded delivery/Special delivery. Please ask for and keep proof of postage.
We will send you an email to confirm that we have received your return.
You will then receive another email confirming that you have been credited. Please allow up to 10 working days for your bank to complete the transaction, depending on their processing time. This can vary between card issuers.
Late Returns
29. An RA number should be requested within seven days of receiving your order. You should then return your item(s) within 14 days of receiving this number.
Returns outside these timeframes cannot be accepted.
Exchanges
30. Unfortunately we cannot offer exchanges on items purchased online. If you would like to buy another
Receiving A Refund
31. Your refund will be credited to match the original method of payment. This will exclude shipping costs (with the exception of faulty items).
Customs duties and taxes are non refundable outside of the EU. However, you may be able to claim these back by contacting your local customs bureau. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned merchandise.
A full refund will be made within 30 days of your cancellation following inspection of the returned product. It is the customer's responsibility to return the item in perfect condition.
Our Policy
32. As stated, all
All items returned should have a Return Merchandise Authorization (RMA) number. Unidentified returns will be returned to the sender.
Faulty Goods
33. Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs. Please note that damaged items as a result of wear and tear are not considered to be faulty. We will try our very best to repair faulty items or replace where possible. If we have no replacement stock or the item is beyond repair, you will receive a full refund.
Your Warranty
34. You, the buyer, warrant that all details provided on the order form/over the telephone for the purpose of purchasing the Products are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Products.
Limitation Of Liability
35. We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
35.1.1 Act of God, explosion, flood, tempest, fire or accident;
35.1.2 War or threat of war, sabotage, civil disturbance or requisition;
35.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
35.1.4 Import or export regulations or embargoes;
35.1.5 Strikes, lock outs or other industrial actions or trade disputes;
35.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
35.1.7 Power failure or breakdown in machinery.
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other canceling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.
36. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the Products.
37. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of Products other than as a result of a breach of an obligation arising under the Sale of Products Act 1979 (as amended) and the Supply of Products and Services Act 1973.
Website
38. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
39. All drawings, photographs, colours, components, descriptive matter and specifications of the Products on the website are for the sole purpose of giving an approximate description of the Products.
40. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
Intellectual property right and right to use
41. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied (or created) as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
42. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose.
43. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
General
44. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.
45. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
46. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
47. The headings in this Agreement are for convenience only and will not affect their interpretation.
Queries and Complaints
48. We aim to respond to e-mail queries within 72 hours Our Customer Services can answer your telephone queries Monday to Friday between 10:00a.m and 5.00p.m
49. In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done.