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Terms and Conditions

TERMS AND CONDITIONS

 

ABOUT US

This Website is operated by Bianca Elgar Limited. Throughout the site, the terms “we”, “us” and “our” and Bianca Elgar refer to Bianca Elgar Limited of 9 Worton Park, Cassington, Witney, Oxon, OX29 4SX, company number 08252263 registered in England and Wales.

OUR PRODUCTS

We have made every effort to display products as accurately as possible but we cannot guarantee how your device's monitor will display the products and colours.  

Due to nature of the silk screen print design and digital printing method, there may be some slight variation in colour and design.

Before purchasing, we would recommend that you review our sizing charts. The sizing of our garments is generous, and we offer in a range of sizes. If you have any further questions, please email us at contact@biancaelgar.com

Once you have taken delivery of one of our garments or products please follow the care instructions on the labels and/or swing tickets to preserve  and protect your purchase from anything which may snag the luxury fibres.

ORDERING FROM OUR WEBSITE

Our online store is hosted on Shopify Inc. We only supply the products for domestic and private use, and reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 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. We also reserve the right to refuse any order you place with us and/or limit or cancel quantities purchased per person, per household or per order. In the event that we are not able to accept your order or need to cancel an order, we contact you by e-mail.

 Order Fulfilment

In simple terms, here is how it works:

  • You place an order and pay for the product(s) through the website
  • We will send you an email acknowledgement of your order request
  • We send you an email confirming our acceptance of your order, arrange for delivery and contact you again with tracking information once the goods are dispatched
  • If we are not able to fulfil your order, we shall contact you by email

When placing an order  please provide current, complete and accurate purchase and account information for all purchases made (and keep your account information updated), so that we can complete your transactions and contact you as needed.

 Price and Payment

The price of the product will be the price indicated on the order pages when you place your order.  If you have a discount code you will be prompted to enter this at checkout and the relevant amount will be deducted from the total.  The total after any deductions will be clearly indicated.

 We take reasonable care to ensure that the price of the product advised to you is correct. Sometimes despite our best efforts, some of the products 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.

 Shipping

Subject to payment in full, all our deliveries are sent to the delivery address set out in your order with tracked and signed for delivery. Subject to stock availability,

  • orders placed before 3pm Monday to Thursday will arrive the next day.
  • orders placed any time between 3pm on Fridays and 8 am on Monday morning will arrive on Tuesday.

Orders placed on a Bank Holiday will be processed on the next working day after the order is accepted by us. Where you place an order for multiple items we shall despatch all the items together in a single order.

 If you have any delivery questions or need to arrange deliveries to other countries, then please email orders@biancaelgar.com

 

Return, Exchanges and Refunds

Products can be returned within 30 days of purchase only. If the 30 day period has passed we are unable to offer you a refund or an exchange.

To be eligible for a refund or exchange your item must be returned to us unused in all its original packaging (with the original swing tags), together with purchase receipt or returns card (“Returns Requirements”). Please be aware that returns do not apply to final sale items and gift cards.

 

Returning an item

If you do decide to return an item for exchange or refund for any reason, please email us at orders@biancaelgar.com or phone us on +44(0)207 0432276 to tell us in advance of the item you wish to return or exchange and the reason.  This will help us process your request more quickly.

 

Please return the items (in accordance with Returns Requirements) to our offices marked: Returns and Exchanges, Bianca Elgar Limited, 15 East Street, Oxford, OX2 0AU. 

You are responsible for paying for your own shipping costs unless there is a fault with the product (subject to returns assessment and shipping costs being commensurate with the price of the delivery method we offer). If you are shipping an item over £50, you should consider using a trackable shipping service or purchasing shipping insurance. On receipt of the return we will email to notify you that we have received your item.

 Returns Inspection

On receipt of your item/s we will ensure it/they meet/s the Returns Requirements and notify you of the approval or rejection of your exchange or return (and refund amount (in whole or in part)).

We may, in our sole discretion, reject an application for a refund or only make partial refunds where the item/s does not meet Returns Requirements and/or shows obvious signs of use, or is not in its original condition, or is damaged or missing parts for reasons not due to our error or any item that is returned more than 30 days after delivery. 

Refunds and Exchanges

We will refund you the price you paid for the products and where you have returned the products as a result of a fault (accepted by Us) we will also reimburse the delivery costs. Please be aware it may take some processing time before your refund is officially posted/returned to your account. If you are returning a gift  we will provide a credit note to the value of the gift receipt provided.  

We only exchange items if they are defective or damaged. Dispatch times may vary depending on your location.

Giftcards

We would be happy to prepare a gift voucher for someone special. Please email us at contact@biancaelgar.com providing your contact details. Once we have taken payment from you, we will make special arrangements to post you a voucher with a unique code.

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LEGAL

OUR TERMS

We offer this Website including all online store, information, tools and services available from this website (“Website”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing and/ or using any part of the Website, (i) You agree to be bound by the following terms and conditions (“Terms and Conditions”), including those additional terms and conditions and policies referenced herein and (ii) you represent that you are at least the age of majority in the country you reside, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this Website.

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. If you have any questions regarding these Terms and Conditions, please contact us by writing to us at contact@biancaelgar.com

 

USE OF WEBSITE

You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms or viruses or any other type of malicious code of a destructive nature that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet.

Please be aware that we are not able to guarantee that our Website will be free from bugs or viruses and so you are responsible for using your own virus protection software and configuring your information technology, computer programmes and platform.

We reserve the right refuse right of access to the Website and/ or use of services to anyone for any reason at any time and to terminate your use of the Website or any related services or websites for violating any of the prohibited uses or breach violation by you of any of the Terms and Conditions. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions all purposes.

 

THIRD PARTY LINKS AND WEBSITE TOOLS ON OUR WEBSITE

Certain content, products, links, tools and services available on our Website (now and in the future) may include materials from third-parties. Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties. You acknowledge and agree that we provide access to such content, products, links, tools and services ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of them. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

LINKING TO OUR WEBSITE

You must not establish a link to this Website without our prior written consent. If you wish to make a link, please contact us at contact@biancaelgar.com

 YOUR COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example competition entries or images of your product) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission by us.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 PERSONAL INFORMATION

Your submission of personal information through the online store is governed by our Privacy and Cookies Policy.

 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all content, products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

 We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free, nor shall we be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Website will be corrected. We reserve the right at any time to modify and/ or discontinue products and services (or any part or content thereof) and amend prices without notice at any time.

 Other than to the extent that liability cannot be limited or excluded by law, in no case shall Bianca Elgar Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied by statute, common law or the law of equity, any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits or contracts, lost revenue, lost savings, loss of data, loss of business, replacement costs, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any of the service or any products procured using the Website, or for any other claim related in any way to your use of the Website or any product procured using the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if reasonably foreseeable or advised of their possibility.

 INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bianca Elgar Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 SEVERABILITY & WAIVER

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

 ENTIRE AGREEMENT

These Terms and Conditions, any policies or operating rules posted by us on this Website or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

GOVERNING LAW

Any dispute or claim arising out of or in connection with these Terms and Conditions shall be governed by and construed in accordance with the laws of England and the parties agree that the courts of England shall have exclusive jurisdiction.

 

March 2019