Terms and conditions for the sale of Goods on our website
These Terms will apply to any contract between us for the sale of Goods to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Goods from the Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from the Site.
We amend these Terms from time to time as set out in section 13. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
If you have any queries relating to our terms and conditions, please contact a member of our Delight Centre team before placing an order. Contact details are in section 1.2(a) below.
If any of your rights set out in these Terms deprive you of rights you are granted by law in your country of residence, then those laws shall apply and prevail to the extent inconsistent with these Terms.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website [http://www.stelladot.co.uk/]. We are Stella & Dot EMEA Cooperatief U.A., Van Nelleweg 10026, 3044 BC Rotterdam, The Netherlands, VAT ID NL850888189B01 / BE280470080 / GB117209045 / IE3217415SH / FR62797915550 / DE280470080, Chamber of Commerce: 53459261 (referred to herein as “Stella & Dot”, “we”, “us” and “our”).
1.2 Contacting us:
(a) To cancel a Contract in accordance with your legal right to do so as set out in section 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact your Stella & Dot Stylist, or contacting our Delight Centre here (http://www.stelladot.co.uk/help/customer-help). Links to these contact details will be included in our Dispatch Confirmation. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact our Delight Centre team by any of the ways listed here (http://www.stelladot.co.uk/help/customer-help) or by sending an email to firstname.lastname@example.org
(c) We aim for total customer satisfaction so are sure that we will be able to resolve any issue you have, but if you are not satisfied you may wish to access an ADR provider (an out-of-court complaint handling service). There are a number of government approved third party ADR providers, such as Pro Mediate http://www.promediate.co.uk/, however Stella & Dot is not obliged to use such ADR providers. In addition, please note that disputes for purchases made online may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found here: http://ec.europa.eu/odr
(d) 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.
(e) When we refer, in these Terms, to "in writing", this includes e-mail.
(f) The provisions of this section shall not apply to the service of any proceedings or other documents in any legal action.
2. OUR GOODS
2.1 The images of the Goods on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colours of the Goods. Your Goods may vary slightly from those images.
2.2 You may only purchase Goods from the Site if you are 18 or over. If you are under 18, you may only use this site with the agreement of, and under the supervision of, a parent or guardian.
2.3 We only supply the Goods for domestic and private use and you agree not to use the Goods for any commercial, business or resale purposes, unless you are a Stylist and the Goods are intended and sold to you specifically for that purpose (this includes Goods such as display items or business supplies).
3. USE OF THE SITE AND PERSONAL INFORMATION
3.2 When placing an order, you agree that any and all information given by you is accurate and complete. It is a crime to use a false name or a known invalid credit card to order Goods from our Site. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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 and processed your order and that your payment has been approved and accepted by us (“Order Confirmation”). This email means that your order has been accepted and a contract between us for the purchase of the Goods has been formed from the time that this email is sent.
4.3 We will send you a further email that confirms that the Goods have been dispatched (“Dispatch Confirmation”). If your Goods are being dispatched in separate packages (for example because an item is out of stock) then you will receive a Dispatch Confirmation when each package comprising your order is dispatched.
4.4 If we are unable to supply you with Goods, for example because those Goods are not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on the Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will contact you to discuss your options which could be for a refund of the full amount (including any delivery costs), a refund in S&D Credits or alternative goods.
5.1 The Goods will be dispatched for delivery to you within three working days of your order, from the moment you are sent your Order Confirmation. Please note that this is the longest that we may take to process your order (most likely the case during new product launches and during the Christmas season), and in most cases we will process all in stock items within 1 or 2 working days. You will receive a Dispatch Confirmation once your order has been processed and your Goods dispatched for delivery.
5.2 For an estimate of the time from dispatch to delivery according to carrier, please see our Delivery and Shipping FAQ page here (http://www.stelladot.co.uk/help/delivery-info-uk) for further information. The Goods will be sent to the address given by you in when submitting your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 12 for our responsibilities when this happens.
5.3 Delivery of an Order shall be completed when we deliver the Goods to the address you gave to us or to the carrier charged with the delivery of the Goods (if different) and the Goods will be your responsibility from that time.
5.4 You own the Goods once we have received payment in full, including all applicable delivery charges.
6. INTERNATIONAL DELIVERY
6.1 We deliver to the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxemburg, Netherlands, Poland, Portugal, Spain, Sweden, Czech Republic and the United Kingdom (International Delivery Destinations).
6.2 You may place an order for Goods from outside the International Delivery Destinations, but this order must be for delivery to an address in the International Delivery Destinations, which will be your ‘Ship to’ address for the purpose of calculating your VAT.
7. PRICE OF ITEMS AND DELIVERY CHARGES
7.1 The prices of the Goods will be as quoted on the Site at the time you submit your order. Prices for our Goods may change from time to time, but changes will not affect any order you have already placed. If any Goods that you purchased later go on sale, you are not entitled to a price adjustment.
7.2 The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the country in which your delivery or ‘Ship to’ address is located.
7.3 The price of Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery and Shipping FAQ page here (http://www.stelladot.co.uk/help/delivery-info-uk).
7.4 Our site contains a large number of Goods. It is always possible that, despite our best efforts, some of the Goods on the Site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you by email to inform you of this error and we will give you the option of continuing to purchase the Goods 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.
8. HOW TO PAY
8.1 You can only pay for Goods using a debit card or credit card or using valid Store Credits, Business Supply Credits or Product Credits (together, “S&D Credits”) in your account. We accept the following debit and credit cards only: Mastercard, VISA and American Express.
8.2 Payment for the Goods and all applicable delivery charges is in advance. We will charge your debit card or credit card when you place your order and confirm this by sending the Order Confirmation.
9. YOUR CONSUMER RIGHT OF CANCELLATION
9.1 You have a legal right to cancel this Contract for whatever reason within 14 days after the day on which you receive the Goods, and you shall be entitled to a full refund. This cancellation right starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Unfortunately you are not able to cancel any portion of the Contract which relates to personalised Goods, save in the circumstances described in section 10.9.
9.2 If you cancel your order within 14 days after the day on which you receive the Goods, and you cancel the whole order, we will refund the standard postage and packing costs you paid as part of that order (if any). If you paid for express delivery, we will only refund the cost of our standard delivery. We will provide you with a returns shipping label to return your purchase to us free of charge. We will not refund any postage and packing charges if you cancel your Order after 14 days from receiving your Goods or if you only cancel part of your order, save for as set out in the returns and refunds section below and under our Delight Guarantee.
9.3 If you wish to cancel your order, please follow the procedure set out at section 10 below for a refund. You must return the Goods in the same condition as they were when they were delivered to you in order to be entitled to a full refund. If we refund you the price paid before we are able to inspect the goods and later discover that you have used them, then you must pay us an appropriate amount.
10. DELIGHT GUARANTEE - RETURNS AND REFUNDS
10.1 Except in the circumstances described in section 10.7, if you're not absolutely delighted with your Stella & Dot purchase, you can return your Goods for a refund or exchange within 90 days provided that the Goods are unworn and in resalable condition. We will provide you with a cash refund within 30 days and Store Credit within 90 days. This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep Goods, you can notify us of your decision to cancel the Contract and receive a refund. The Goods must be returned in the original packaging and accompanied with original proof of purchase. Any Goods not in their original packaging are subject to a 15% re-packaging fee. Our Delight Guarantee is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described, or your cancellation rights set out in section 9 above.
10.2 To cancel a Contract or request a return or a refund, you just need to let us know. The easiest way to do this is to contact your Stella & Dot Stylist or our Delight Centre here. Links to these contact details will be included in our Dispatch Confirmation.
You can use the Cancellation Form template available here and post or email to us.
Cancellation Form [Complete and return this form only if you wish to cancel the contract]
To: Delight Centre, Stella & Dot, 20 Broadway Studios, London, W6 7AF. Email: email@example.com
I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods
Ordered on*/received on*
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
*delete as appropriate
10.3 If you tell us that you would like to return Goods for a refund within 30 days of your Order Confirmation we will refund you the original price paid for the item including VAT to your original form of payment or S&D Credit. Unless you are cancelling your whole order within 14 days of receipt as set out in section 9, your original shipping charges will not be refunded. We will even provide you with a pre-paid return shipping label to make the process that much easier (see section 10.8 below for more information).
10.4 If you tell us that you would like to return Goods for a refund after 30 days of your Order Confirmation, but within 90 days of your Order Confirmation, you have the option for a replacement, an exchange or a refund by way of Store Credits for the original price paid including VAT. Original shipping charges will not be refunded. Cash refunds are not available after 30 days. You will still be provided with a pre-paid return shipping label (see section 10.8 below for more information).
10.5 Under our Delight Guarantee, we will refund you the price you paid for the Goods in accordance with sections 10.3 and 10.4, however, please note that lost items or items damaged due to normal wear and tear are not covered under our replacement policies and we will reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your wearing or using them. If we refund you the price paid before we are able to inspect the goods and later discover that they are not in the condition that they were when they were delivered to you, you must pay us an appropriate amount.
10.6 Refunds shall be made as soon as possible and in any event within 14 days after the date of cancellation. It may take a while between the refund being made and the refund payment being credited to your account depending on your issuing bank or billing cycle. We will refund you on the credit card or debit card used by you to pay, unless you paid by or choose to be refunded to Store Credit (or other S&D Credit) in which case this will be credited to your S&D account within 14 days.
10.7 Returns or exchanges under our Delight Guarantee are not accepted on sale items, personalised items, modified items, Trunk Show Specials, Display Items, Business Supplies or any other items which are stated to be ‘Final Sale’.
10.8 When you decide to cancel your contract you must return Goods to us without undue delay and in any event not later than 14 days after the day on which you let us or your Stylist know that you wish to cancel the Contract. You will be provided with a returns shipping label to return your purchase to Stella & Dot free of charge. Please see our Returns FAQ here ([http://www.stelladot.co.uk/help/return-policy]) for further information.
10.9 If you have returned the Goods to us under sections 9 or 10 because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. For personalised items this we will refund the price of the Goods in full, together with any applicable delivery charges, only if:
(a) a visual preview provided to you on the Site is materially different to the actual personalized Goods; or
(b) the quality of the personalised Goods is bad or there is a manufactures defect.
10.10 As a consumer, you have legal rights in relation to all Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this section 10 or anything else in these Terms.
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 or our negligence, but 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 our breach or if it was contemplated by you and us at the time we entered into this Contract.
11.2 In the unlikely event that you receive Goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that ordered, we shall make good any shortage or non-delivery, replace or repair any damaged or defective Goods, or refund to you the amount you paid for the Goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 14 days of delivery of the Goods plus return the Goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
11.3 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 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) breaches of any applicable sale of goods or consumer protection laws which cannot be limited or excluded.
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 any act or event beyond our reasonable control (an “Event Outside Our Control”).
12.2 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
13. OUR RIGHT TO VARY THESE TERMS
13.1 We amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated and which Terms were changed. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
13.2 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you choose to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
13.3 Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.
14. OTHER IMPORTANT TERMS
14.1 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 in writing or by posting on this webpage if this happens.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 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.
14.5 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.
14.6 Please note that these Terms are governed by Dutch law. This means a Contract for the purchase of Goods through the Site and any dispute or claim arising out of or in connection with it will be governed by Dutch law. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods (Vienna Convention 1980) shall not apply to these Terms. You and we both agree to that the courts the Netherlands will have non-exclusive jurisdiction over any proceedings that either of us may bring. However, if you are a resident of an International Delivery Destination other than the Netherlands, you may also bring proceedings in your country of residence.
These Terms were most recently updated in April 2015