Terms of service
EMILIA WICKSTEAD - OUR ONLINE TERMS OF BUSINESS
These Terms and Conditions shall apply to all contracts entered into by Wickstead Gargiulo Ltd t/a Emilia Wickstead ("Emilia Wickstead", "we" or "us") (company number 06449036) whose registered office is at TUnit Gu 2.21 To Gu 2.24 Grand Union 332 Ladbroke Grove, London, England, W10 5AD. By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 Who we are. We are Wickstead Gargiulo trading as Emilia Wickstead, a company registered in England and Wales. Our company registration number is 06449036 and our registered office is at Unit Gu 2.21 To Gu 2.24 Grand Union 332 Ladbroke Grove, London, England, W10 5AD. Our registered VAT number is 935527409.
1.2 How to contact us. You can contact us using the contact details available on the Contact Us page.
1.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2. OUR CONTRACT WITH YOU
2.1 How we will accept your order. Our acceptance of your order will take place when we email you our confirmation of your order, at which point a contract will come into existence between you and us.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will provide you with a refund for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
2.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. OUR PRODUCTS
3.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4. PROVIDING THE PRODUCTS
4.1 Delivery costs. The costs of delivery will be as displayed to you on our website when you place your order.
4.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. These details will be made available on the order confirmation page prior to submitting your order.
4.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will not be liable for delays caused by the event.
4.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery (and if the products cannot be posted through your letterbox or left in a secure place) our nominated carrier will contact with you to make alternative delivery arrangements.
4.5 If you do not re-arrange delivery.If you do not collect the products from our nominated carrier as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, our nominated carrier will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite reasonable efforts, our nominated carrier is unable to contact you or re-arrange delivery or collection we may end the contract and clause 7.2 will apply.
4.6 When you become responsible for the products. Products will be your responsibility from the time we deliver them to the address you provided for delivery.
4.7 When you own products. You own a product once we have received payment in full.
4.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
4.8.1 deal with technical problems or make minor technical changes; or
4.8.2 update the product to reflect changes in relevant laws and regulatory requirements.
5. YOUR RIGHTS TO CHANGE YOUR MIND
5.1 Exercising your right to change your mind. You have 14 days after the day you (or someone you nominate) receives the products to change your mind and return them. Clause 6 explains the process for returning products.
5.2 When you don't have the right to change your mind. You do not have a right to change your mind in respect of bespoke products. For example, if you ask us to make unique changes to a product or to tailor the products such a Made To Order, Made To Order Bespoke and Bridal then the product becomes a bespoke product and you no longer have the right to return it as described in clause 5.1.
5.3 You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
6. HOW TO END THE CONTRACT WITH US6.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
6.1.1 Phone or email. Contact us on the details found on the ‘Contact Us’ page of our website. Please provide your name, home address, details of the order and, where available, your phone number and email address.
6.1.2 Online.Complete the Contact Us form on our website.
6.1.3 By post. Print off the form at the Contact Us form and post it to us at the following address:
Unit Gu 2.21 To Gu 2.24 Grand Union 332 Ladbroke Grove, London, England, W10 5AD
6.1.4 Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address
6.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us at the below address. You can find information on how to make your return here.
162A Sloane Street,
All returned products must be accompanied by a delivery note which is provided with the products when they are delivered. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
6.3 Returning faulty products. In accordance with the Consumer Rights Act 2015, you have a 30 day right to reject faulty products and receive a refund. Where you believe the products are faulty, please return them to us in accordance with clause 6.2. We will inspect the products and, if we confirm that they are faulty, we will refund the price of the products to you. You also have the right to request that we repair or replace the products where you have requested that we do so and where we consider that is a reasonable remedy (as opposed to refunding the price of the products). We will only be able to offer a repair service for products which are no more than 12 months old.
6.4 The cost of returns. We will pay the costs of returns for full priced orders within the UK or if the products are faulty or misdescribed as deemed by our team in correspondence with the customer. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
6.5 How we will refund you. We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. We may request proof of return from you to confirm the delivery costs you incurred. Where this is not provided you will be responsible for the cost of delivery.
6.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
6.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. 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.
6.6.2 The maximum refund for delivery costs on faulty products will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
6.6.3 Where you are seeking to cancel a service (i.e. our tailoring of the products), we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full amount of the contract.
7. OUR RIGHTS TO END THE CONTRACT
7.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
7.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
7.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
7.1.3 you do not, within a reasonable time, allow us to deliver the products to you.
7.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.
7.1.5 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8. PRICE AND PAYMENT
8.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 8.3 for what happens if we discover an error in the price of the product you order. The price of the products will be displayed in GBP. VAT will be automatically applied for order shipped within the UK. For products purchased in the rest of the world, the amount of VAT or equivalent sales tax will be displayed separately to the product price and are deductible at the checkout. You must also pay any import or export duties, tariffs or similar costs charged as a result of your order.
8.2 We will pass on changes in the rate of VAT. If the rate of VAT or sales tax changes between your order date and the date we supply the product, we will adjust the rate of VAT or sales tax that you pay, unless you have already paid for the product in full before the change in the rate of VAT or sales tax takes effect.
8.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
8.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard, American Express, JCB, Google Pay, ApplePay and Paypal. All payments will be processed in GBP.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your statutory rights in relation to the products
9.3 We will not be liable for damage which you could have avoided by following our advice. This could include where we have provided information about how to use, store or care for a product.
9.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5 Online payments. Whilst we take all appropriate and technological steps to ensure your payments are secure, we will not be responsible for any loss you suffer as a result of transacting online unless we have been negligent. As part of our routine security we may validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. This may include providing personal data to a credit reference agency which may keep a record of that information, and by accepting these terms you agree to this identity verification taking place. This will not be a credit check and your credit rating will be unaffected.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 How we will use your personal information. We will use the personal information you provide to us:
10.1.1 to supply the products to you;
10.1.2 to process your payment for the products; and
10.1.3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us; and
11. OTHER IMPORTANT TERMS
11.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
11.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
11.6 Which laws apply to this contract and where you may bring legal proceedings. These terms and the relationship between us shall be governed by English law, subject to your local mandatory rights. For complaints that cannot be resolved otherwise, you may bring a claim against us arising from these terms in a court located either in England or in the jurisdiction where you live.
11.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
12. WEBSITE ACCESS TERMS
12.1 By using our site you accept these terms set out in this clause 12. We may make changes to these terms from time to time and will notify any such changes by publishing the new terms on our website.
12.2 We may suspend or withdraw our site at anytime. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
12.3 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.4 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms and the relationship between us shall be governed by English law, subject to your local mandatory rights. For complaints that cannot be resolved otherwise, you may bring a claim against us arising from these terms in a court located either in England or in the jurisdiction where you live.
12.7 The content on our site is provided for information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. We are not liable to you for any loss or damage which you suffer as a result of reliance on any information located on this site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.