Terms and Conditions

This website is provided by Filiz Darby London, Art Hub Studios, 5-9 Creekside, London SE8 4SA

 

This page tells you the terms and conditions on which we supply any of the items listed on our website www.filizdarby.co.uk (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Item from our site. You should understand that by ordering any of our Items, you agree to be bound by these terms and conditions.

Our site, and these terms and conditions have been designed for use within the United Kingdom and under English law.

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. Please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

You should print a copy of these terms and conditions for future reference.

General

Your order constitutes an offer to us to buy an Item. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Item has been, or will be, dispatched (Confirmation of Order). The contract between us (Contract) will only be formed when we send you the Confirmation of Order.

We have taken every care to ensure the content of our website, and in particular that the prices quoted are accurate at the time of posting the Item on the website and that all Items are fairly described to the best of our ability. However, your order may not be accepted if there are material errors in the description of the goods you have ordered or their prices. All prices and offers are subject to change.

We have aimed to ensure that the colours of our Items appearing on our website are as close as possible to the colour of the Item. However, the actual colours you see will depend on your computer equipment, and accordingly, we are unable to guarantee the precise colour of the Item on delivery.

All Items are subject to availability. We will inform you as soon as reasonably possible in the event that the Items you have ordered are unavailable. In the event that the Items that you have ordered are unavailable a full refund will be offered. All prices are displayed on our site are in UK sterling and are inclusive of VAT (unless otherwise indicated).

 

Delivery

We will aim to dispatch the products ordered by you as soon as possible after Confirmation of Order unless there is an event outside our control. The order will be dispatched to the postal address you have given in your order. However, we cannot guarantee an exact delivery date and your goods may take longer to be dispatched if the Item(s) you have ordered are not in stock at the time of placing your order or they are to be dispatched to an address outside of the UK.

 

Faulty Items

Goods are classed as faulty if they are received damaged, or where it can be proven that there has been a manufacturing defect. Any fault must be brought to our attention as soon as the item is received. Goods that are damaged as a result of wear and tear shall not be considered faulty.

 

Product Information

All sizes on our site are UK sizes and are approximate.  Please contact us if you have any sizing queries.  We make every effort to ensure that all product information and sizing is accurate and up to date, but reserve the right to refuse an order where product information including the pricing entered correctly.  All goods on our website are subject to availability.

 

Returns Policy

We dispatch items within 5 days of the order. If an item is ordered which is sold out, you will be notified as soon as possible and refunded in full. By purchasing through this site, you agree to be bound by the Terms and Conditions. All prices are inclusive of VAT. We offer a 14 day return policy.  However, sale items, bespoke and pop up sale items are not refundable.  In the unlikely event that if there is a problem with an item, please contact us upon receipt and we will do our best to resolve the problem.  For hygiene reasons earings are not refundable unless they are faulty. All items are inspected carefully before shipping.  Bespoke items and personalized items cannot be exchanged, if you would like to exchange an item, please notify us within 14 days.

If you are ordering from overseas, please contact us for details and delivery cost.  Prices are charged overseas customers will be subject to the exchange rate applied by the customers credit or debit card company.  Overseas customers will also be liable for any customs or import duty charges may apply.

All items must be returned within 14 days.  The buyer is responsible for all packaging and postage cost.  All items must be returned by recorded delivery, (at buyers cost) any item lost or damaged will not be refunded. Items returned must be in same condition as when dispatched, unworn, with labels attached and with the original packaging.  Items returned after 14 days are not refundable. Please include your full name and address in the return package. We do not accept hand delivery.

Please return to: filiz darby London, Art Hub Studios, 5-9 Creekside, London SE8 4SA.  Email: contact@filizdarby.co.uk  

 

Exchange

The customer has 14 days to exchange an item.  Bespoke or personalised items are excluded from this.  Please contact us within this time to advise you would like to change the item for another.  The item needs to be returned to us (at the customers expense) at the address above.  Please mark as EXCHANGE, once received back, the customer will be invoiced for delivery charges and any additional products cost before the exchanged item is sent. Any items received after 14 days will not be exchanged or refunded.

 

Our Liability

We shall not in any circumstances be liable, whether in contract or tort to you for any direct, indirect or consequential loss or damage arising from the sale or use of our Items including without limitation loss of profits, damage to property or loss of contracts. Save where we cannot exclude liability by way of law (i.e. death or personal injury) our entire liability shall be limited to damages which shall not exceed the price paid for the Items in which the claim arose. We only supply the Items for private use. You agree not to use the Items for any commercial, business or re-sale purposes.

Events Outside Our Control

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 (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:

(a) 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;

(b) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(c) impossibility of the use of public or private telecommunications networks;

(d) the acts, decrees, legislation, regulations or restrictions of any government; and

(e) pandemic or epidemic.

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.

 

Waiver

If we fail to exercise any of the rights or remedies to which we are entitled under any Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.

 

Severability

If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of any Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

Our Right To Vary These Terms And Conditions

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation of Order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods).

 

Jurisdiction And Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

Third Party Rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.