Terms & Conditions of Sale

 

TERMS AND CONDITIONS OF SALE

 

These are the terms and conditions on which we, Eponine Limited (company number 07294560), supply products to you via our website www.eponinelondon.com (our "Site").

 

Please read these terms and conditions carefully before ordering as these terms and conditions will apply to any orders you place.  We recommend that you print and retain a copy for future reference.

 

By placing an order, you agree to be bound by these terms and conditions.  If you do not accept these terms and conditions, you should not place an order.

 

INFORMATION ABOUT US

 

Our Site is operated by Eponine Limited ("we", "our" or "us").  We are registered in England and Wales under company number 07294560 at 33a Adam and Eve Mews, Kensington, London, W8 6UG.  You can contact us using the contact information on our Site.  Our value added tax number is GB254247703.

 

ORDERING

 

You may only place orders if you are at least 18 years old.  By ordering, you warrant that you are at least 18 years old and that you are legally capable of entering into binding contracts.

 

If you place an order via our Site, you will receive a confirmation email that your order has been received and accepted by us.  Your contract with us is only formed when you have been presented with this confirmation.

 

We will process orders as set out in the shipping and delivery information set out on our Site.

 

PRODUCTS

 

Any images of our products contained on our Site are for illustrative purposes only.  Although we try our hardest to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colours of the products.  Your products may differ slightly from those images.  In addition, sizes and measurements quoted on our Site are an approximate guide only.  

 

DELIVERY

 

The costs of delivery will be as displayed to you on our Site.

 

We strive to deliver on time and in accordance with the shipping and delivery information set out on our Site. However, unfortunately, things do not always go to plan and factors outside of our control may occasionally prevent us from achieving this.  Delivery times are estimates only and are not guaranteed.  This means that you will not be entitled to cancel your order or claim compensation if your order is not delivered on time.

 

Please note your responsibility for tax and customs charges as set out in the shipping and delivery information set out on our Site.

 

EXCERCISING YOUR RIGHT TO CHANGE YOUR MIND – CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013

 

For most products bought online, you have a legal right to change your mind within 14 days and receive a refund.  These rights are under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations").  If these rights apply in respect of your products and you wish to exercise them, you have 14 days after the day you receive the products to notify us.  To do so, you can use the model cancellation form at Schedule 3 of the Regulations: https://www.legislation.gov.uk/uksi/2013/3134/made.  In such circumstances, you must return them to us at your cost (including any import duties, customs charges and taxes) by posting them back to us at 33a Adam & Eve Mews, London, W8 6UG, and you must send them off within 14 days of your notification to us.  Please include our invoice so we can identify your order on receipt.  If we suffer any costs in respect of you returning products to us (including any import duties, customs charges and taxes), you must pay us an appropriate amount. We recommend that you use an insured delivery service that can be tracked.  

 

Alternatively, please contact us as directed in the return information we send you with your products and we will arrange the return.

 

We will refund you the price you paid for the products excluding delivery costs and, where we have arranged the return, our costs incurred in doing so (including any import duties, customs charges and taxes).  We will make any refund due to you as soon as possible.  In any event, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. 

 

If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products on resale, if this has been caused by you handling them in a way which would not be permitted in a shop.  For example, the products must not have been worn, all garment tags and labels should still be attached and the products must be in the original packaging.  If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

 

OUR GOODWILL GUARANTEE

 

In addition to your rights under the Regulations, we offer a goodwill guarantee by considering any return and/or exchange request which is submitted within 7 days of delivery.  In the event that such a return and/or exchange is agreed, you must return the products to us at your cost (including any import duties, customs charges and taxes) by posting them back to us at 33a Adam & Eve Mews, London, W8 6UG, and you must send them off within 3 days of us agreeing to the return and/or exchange.  Please include our invoice so we can identify your order on receipt.  If we suffer any costs in respect of you returning products to us (including any import duties, customs charges and taxes), you must pay us an appropriate amount.  We recommend that you use an insured delivery service that can be tracked.  

 

Alternatively, please contact us as directed in the return information we send you with your products and we will arrange the return.

 

Where the products are being returned without an exchange, we will refund you the price you paid for the products excluding delivery costs and, where we have arranged the return, our costs incurred in doing so (including any import duties, customs charges and taxes).  We will make any refund due to you as soon as possible.

 

This goodwill guarantee is subject to you returning the products to us ready for resale, unworn and in the same condition they were in when we sent them to you, with all garment tags and labels being attached and in the original packaging. 

 

We reserve the right to remove or change this goodwill guarantee at any time at our sole discretion. 

 

REJECTING PRODUCTS WHERE PRODUCTS ARE FAULTY OR NOT AS DESCRIBED

 

You may reject your products if they are faulty or not as described.  In such circumstances, you must return them to us at our cost by posting them back to us at 33a Adam & Eve Mews, London, W8 6UG, or by allowing us to arrange the return.  Please email us at info@eponinelondon.com to arrange return or contact us as directed in the return information we send you with your products.  Please include our invoice so we can identify your order on receipt.    

 

Unless you elect for an exchange, we will refund you the price you paid for the products including delivery costs. The maximum refund for delivery costs will be the costs of delivery by the least expensive method we offer.  For example, if we offer delivery of products within one time period at one cost but you choose to have the products delivered within a shorter time period at a higher cost, then we will only refund you what you would have paid for the cheaper delivery option.  We will make any refund due to you as soon as possible.  In any event, your refund will be made within 14 days of you telling us that you are rejecting the products.

 

CANCELLATION BY US

 

In the unfortunate circumstance that we need to cancel your order after it has been accepted, we will notify you.  We reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.

 

You will not be charged for any orders we cancel. 

 

METHOD OF REFUND

 

Typically you will be refunded using the same method originally used by you to pay for your purchase.

 

PRICE AND PAYMENT

 

Prices are as quoted on our Site and may change from time to time, although changes will not affect orders already placed (unless due to a technical error).  Prices include value added tax where chargeable by us.

 

The price for your order must be paid in full in advance.

 

Payments, for orders placed via our Site, are made directly to us, although we may use a third party processor to process the payment of your order online.

 

Should we be required to enforce the provisions of these terms and conditions against you to recover any amount then you shall indemnify us against all costs and expenses (including professional and legal costs and expenses on a full indemnity basis) suffered or incurred by us arising out of or in connection with us enforcing the provisions of these terms and conditions.  

 

GIFT CARDS

 

Gift cards can be redeemed online on our Site.

 

Gift cards may be exchanged for products of a higher price than the value stored on the card on payment of the difference.

 

If you do not spend the entire balance on the gift card, the remaining balance will remain stored on the gift card.  No cash change will be given.

 

If any product purchased is subsequently exchanged for a product of a lower price or a refund, we may issue any money owing as a gift card.

 

Gift cards may not be refunded or exchanged for cash.

 

Please treat gift cards as cash.  We will not accept liability for lost, stolen or damaged gift cards.

 

Gift cards are valid for 60 months after issue.  Any remaining balance will be cancelled on the expiry of the validity period.  

 

OUR LIABILITY

 

If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of the breach of these terms and conditions or negligence, up to the amount of the purchase price you paid for the order applicable to your claim (this being the cap of our liability to you in respect of any losses arising under or in connection with your order and contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise).

 

However, we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it is an obvious consequence of a breach or if it would reasonably be contemplated by you and us at the time of your purchase.

 

We only supply products for private use.  You agree not to use any product for commercial 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 exclude or limit our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation; or
  • any liability which cannot legally be limited or excluded.

 

WRITTEN COMMUNICATION

 

When using our Site, you accept that communication with us will be mainly electronic.  We will contact you by email.  For contractual purposes, you agree to 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.

 

PERSONAL DATA

 

We will only use your personal information as set out in our privacy notice.

 

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 (a "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, extreme snow, ice, earthquake, subsidence, pandemic, 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; or
  • non-performance by suppliers or subcontractors.

 

WAIVER

 

If we fail to insist that you perform any of your obligations under these terms and conditions, or if we or do not enforce our rights against you, or delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations.  If we waive a default by you, this will only be done in writing, and will not mean that we will automatically waive any later default by you.

 

SEVERABILITY

 

Each of the paragraphs of these terms and conditions 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.

 

ASSIGNMENT

 

We may transfer our rights and obligations under any contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions.  You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.

 

ENTIRE AGREEMENT

 

These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 

VARIATION OF THESE TERMS AND CONDITIONS

 

We have the right to amend these terms and conditions from time to time.  Any changes we make to these terms and conditions will be posted on this page.  You will be subject to the policies and terms and conditions in force at the time that you order, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.

 

THIRD PARTY RIGHTS

 

No one other than a party to these terms and conditions shall have any right to enforce any of these terms and conditions.

 

LAW AND JURISDICTION

 

Any dispute or claim arising out of or in connection with your order and resulting contract or its subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales.  Any dispute or claim arising out of or in connection with such contract or its formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.