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TERMS OF WEBSITE USE AND OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions of use on which you may make use of our website www.bibandsola.com (our site), whether as a guest or a registered user, and the terms and conditions on which we supply any of the products (Products) listed on our site. Please read these terms and conditions carefully before you start to use the site or order any Products from our site. You should understand that by using our site and ordering any of our Products, you agree to be bound by these terms and conditions. If you do not agree to these terms of use, please refrain from using our site. When ordering any Products from our site, you should print a copy of these terms and conditions for future reference. Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
INFORMATION ABOUT US
http://www.bibandsola.com is a site operated by Moonlight & Roses Limited trading as Bib & Sola (we). We are registered in England and Wales under company number 07443050 and our registered office is at 10 John Street, London, WC1N 2EB. Our main trading address is 43 Palace Court, Suite 1, W2 4LS, London, UK. Our VAT number is [111 6230 71].
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
YOUR STATUS
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. 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 Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
PRODUCTS
All of our Products are handmade. Therefore Products will be subject to slight variations in colour, size, appearance and shape from those pictured on our site. Whilst we make every effort to describe and illustrate Products as accurately as possible on our site, all weights, dimensions, capacities sizes and measurements given are approximate and provided for guidance only. Please note that the Products sold on our site are made from crystal and are very fragile. Products should therefore always be handled with care and in accordance with the instructions of use.
AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
RISK AND TITLE
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
PRICE AND PAYMENT
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT and standard delivery in the UK. Should you require special or international delivery (or equivalent) the cost will be added to the total amount due. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we dispatch your order.
OUR RETURNS AND REFUNDS POLICY
If you are not 100% happy with your purchase, we offer a 28 day return or exchange service. Where orders are placed within the UK, the returns service for both sale and non-sale items are free in accordance with clause 10. Where orders are placed outside of the UK, the returns service will incur a re-delivery charge in accordance with clause 11. When you return a Product to us all of it must be returned in perfect condition and in its original packaging to ensure that it is adequately protected in transit. Branded boxes should also be protected as they are considered part of the Product. Items should be returned new and unused. Unfortunately, we are unable to refund returns that are damaged, used or altered.
HOW TO RETURN OR EXCHANGE AN ITEM
In order to return or exchange an item in the UK please follow the steps below: E-mail us at comfort@bibandsola.com to request your Returns Merchandise Authorization (RMA) number within 14 days of receiving your order indicating the reason why you are returning the goods. You will then receive an email containing your RMA number which is valid for the next 14 days within which you can send your unwanted item(s) back to us. Complete the returns form enclosed with your item(s), noting whether you would like an exchange or refund. Please note that we are only able to offer exchanges for another colour. If you wish to exchange your item for an alternative collection, please ask for a refund on your return form and purchase the new item separately. We will process the refund or exchange (when in stock) due to you as soon as possible and, in any case, within 30 days of us receiving the item(s). An email will be sent to confirm your return has been processed. Colour exchanges will be sent to the same UK delivery address with no additional charge.
OUR LIABILITY FOR OUR SITE
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and wasted management or office time; whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
OUR LIABILITY FOR PRODUCTS PURCHASED THROUGH OUR SITE
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Products of this kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product purchased. This does not include or limit in any way our liability: For death or personal injury caused by our negligence; For fraud or fraudulent misrepresentation; or For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of data; or waste of management or office time; however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
IMPORT DUTY
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
INTELLECTUAL PROPERTY RIGHTS
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. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy [INSERT AS LINK TO SITE'S PRIVACY POLICY]. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our home page and our blog, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page or our blog. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to comfort@bibandsola.com.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this 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.
NOTICES
All notices given by you to us must be given to Moonlight & Roses Limited trading as Bib & Sola at 20 Hanover Square, London W1S 1JY or comfort@bibandsola.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
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: 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, earthquake, subsidence, 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. 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, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 23 above.
SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions. Nothing in this clause shall limit or exclude any liability for fraud.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms and conditions in force at the time of using our site and ordering Products 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 Dispatch Confirmation (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 Products).
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim or dispute arising out of or in connection to either a visit to our site, or contracts for the purchase of Products made through our site including any claim or dispute arising out of their subject matter or formation (including non-contractual disputes or claims). Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact comfort@bibandsola.com.