TERMS AND CONDITIONS
Terms and Conditions of Sale
These are the terms and conditions of our agreement which apply to all purchases of products by you from THIS IS SILK and you should read them carefully. We may vary these terms from time to time and therefore you should check them before you make a new purchase.
**Where errors in pricing are made by third parties, for example in the press, Keay Limited trading as This Is Silk is not responsible for those errors and bears no liability for the same.
This does not detract from our duty to ensure that information disseminated about us is correct and we will endeavour to make corrections where we can.
( This paragraph was inserted on 29/04/2021 when a customer brought to our attention that the deluxe silk hair wrap featured in the Standard links to the essential silk hair wrap )**
- You can submit an order for products to THIS IS SILK by completing the details required on the order summary page and clicking the send order button. All prices are reflected in Pounds Sterling and include VAT where applicable, providing delivery is to a location in the UK. Orders outside of the United Kingdom may be subject to an additional charge. Goods supplied are not for resale. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your payment is approved by your credit card/ debit card company/PayPal.
- The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.
Acceptance of order
- We will notify you of our acceptance of your offer to purchase by email shortly after we receive it and at that point a binding agreement between us will be in place on these terms and conditions*. If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change and to make arrangements for any additional payment.*but subject to our right to withdraw such acceptance where your offer relates to goods that have been priced below that which we intended and/or where discounts have been applied or used in error.
- Under normal circumstances, we make every effort to despatch all products within the United Kingdom within:
three working days of acceptance of your order. Where this is not possible we will try and ensure that your products are delivered within 21 days from acceptance. This does not apply in respect of deliveries outside of the UK. All deliveries will be made to you at the address specified by you in the order.
***** PLEASE NOTE THAT OWING TO EXTENDED DELIVERY TIMES WITH THE ROYAL MAIL/DPD DUE TO THE PANDEMIC and CHRISTMAS, OUR TERMS AND CONDITIONS EXTEND THE TIME FOR DELIVERY TO 35 DAYS WITHIN THE UK. ONLY AFTER THIS WILL A REFUND/REPLACEMENT BE SENT AND A REFUND OF POSTAGE ISSUED*****
When next day delivery has been purchased by midday on a working day, the item will be despatched within three working days to be delivered on the next working day after despatch. ****Please note that 'next day delivery' or '1-2 business days' is not guaranteed and is dependent on factors outside our control such as the weather, virus-related issues such as courier staff shortages and busy occasions such as Black Friday, Christmas and other 'gifting days'.****
- EU and Non-EU customers are responsible for Import Duty/Tax in their respective countries. Unfortunately we cannot advise you what these costs will be – please consult your local customs office for more information.
- For standard delivery we will charge your account for payment at the time of placing the order. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid by way of a credit to your credit card/ debit card or PayPal account.
Consumer Protection (Distance selling) Regulations 2000. Right to withdraw
- You have the right to withdraw from this agreement, but this right ends fourteen days after the date we deliver the products to you. You will not have to pay for any products and any amounts you have been charged will be repaid to you by way of a credit to your account within thirty days
IF the products are returned to us in an unopened and unused state. By this we mean if the tissue paper seal has not been broken. However, we may have delivered (or dispatched) the products you have ordered. In this circumstance, you must return the products in an unopened and unused state to us (with the tissue seal intact) and pay the costs in doing so.To avoid this, we recommend that you advise us as soon as possible if you wish to exercise this right to withdraw. If you wish to withdraw, email us at HELLO@THISISSILK.COM; or complete the Contact Us form which can be found under the ‘contact us’ link on all pages of our website.
- Please note that there is an exception to pillowcases, eye masks, cleansing cloths, hair wraps, hair scrunchies, hair towels, beauty or head bands, Silk lined shower caps, snoods, Hair Curlers and face masks owing to hygiene reasons. This exception is permitted by law.
- Please note there is an exception to any clothing products in a state of final sale or clearance. This exception is permitted by law.
- The products which are sold via this web site have been designed to comply with the statutory legal requirements and relevant safety standards of the United Kingdom. We can therefore make no representation or warranty that any product is compliant with health, safety or other legal requirements which apply outside the United Kingdom, unless delivery is within the EEA and common EEA Consumer Protection and Safety rules apply.
- We will replace faulty products free of charge or, refund to you the price of the products by way of credit to your credit/debit card or PayPal account. We will not have any further liability in respect of the products. This does not affect your statutory rights as a consumer.
- Our policy is to ensure that you are satisfied every time you place an order with THIS IS SILK. If you are unhappy with an item when you receive it or if you simply change your mind please return it in an unopened and unused state to us within 14 days of receipt, with the packing slip, having taken reasonable care of it and in an unused state and we will refund you the price you paid for that product (excluding any P&P charged in the original order).
We *cannot* accept returns for items unless they are returned unopened with the tissue seal unbroken, for hygiene reasons and we do not accept any returns of products marked as being in a state of final sale or clearance.
- We will make the refund directly to the credit/charge card used to place the original order within 30 days or earlier once we have inspected the returned item and are satisfied that it has been returned to us in the condition it was in when delivered to you.
- You will only have to pay for the return postage of the Products.
- If the products have not been returned to the company, a refund will not be paid. For this reason we strongly recommend that you return by tracked and signed for post.
- If the parcel subject to return goes missing the returnee can claim against the postal service.
Following Brexit (1st January 2021) any items sent to the EU will incur duty's, custom's charges and possibly extra courier charges, these are out of our control and you are liable for them. If an item is sent and you decide not to pay the fees, any items will not be refunded until we receive the return.
Hygiene Regulations and Your Right to Return
- Regulation 28(3) of the 'Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013' restricts rights to return and cancel contracts for hygiene reasons.
- Due to the nature of our silk pillowcases, silk hair wraps, silk cleansing cloths, silk hair towels, silk eye masks, beauty bands, Silk lined shower caps and silk face masks, we *cannot* accept any products for a refund or exchange UNLESS they are unopened and unused.
- We try to select and package our products as well as possible to ensure they arrive in good condition. However, if a product arrives damaged or with defects we will replace it free of charge or provide a full refund as appropriate, if you return the product to us within 14 days or purchase, subject to the terms marked i) and ii) immediately below.
- In such cases the products must be unused and must not have been washed , and will be inspected prior to issuing a refund, and if the product has been used, it will be returned to you and no refund will be issued.
- i) Where a box has been damaged in transit, we will send a new box to you.
- ii) No returns of silk will be accepted on the basis that a box has been damaged in transit. If the purchase is intended as a gift, you must inform us at or within 2 hours of purchase so that we may provide extra packaging protection.
Unwanted Products – European Distance Selling Regulations (DSRs)
- By law, consumers in the European Union have the right to cancel a contract for the purchase of an item within fourteen working days of the day after receipt of the order.
- This law is subject to exceptions on the basis of hygiene and obselescence. (clearance items)
- If you wish to cancel your order under the DSRs, email us at HELLO@FYNERY.COM or call us on call us on 07812571310 during office hours and we will arrange for you to be refunded accordingly.
- Where you are cancelling your order within this cooling-off period we will refund the cost of the item and the cost of sending the item to you.
Terms and Conditions of Use
- It is important that you carefully read these terms and conditions of use before you register with THISISISILK.COM because your use of our web site and your legal rights are subject to them.
Terms and Conditions
- Thank you for using THIS IS SILK.COM We provide services to you through our web site and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you. Current terms will be made available as soon as possible on the website. These terms and conditions apply to all users (including casual browsers) whether or not the registration process has been completed.
- By completing the registration process, you are stating that you are at least eighteen years of age; you have provided true, accurate, current and complete information about yourself where required in the registration form, and you have ensured that this information is kept accurate, complete and up to date. Once you have completed the registration process, you will have specified a username (email address) and a password. You must ensure that you keep your username and password in a safe and secure place and that you do not disclose them to anyone because you will be fully responsible for all activities which occur under your username and password. It is your responsibility to immediately notify us of any unauthorised use of your username and password or any other breach of security as soon as you become aware of it.
Proprietary Rights and Licences
- All text, software, photographs, graphics, page layouts, design and other material that is contained on our web site or is part of our services, is protected by our and their copyrights, trade marks, service marks, patents or other proprietary rights and laws.We own or are licensed to use all intellectual property rights (including all copyrights, patents, trade marks and trade secrets) in connection with and in all versions of the web site and our services, the software we use to operate the web site and services and any data (including data obtained from you during the registration process) generated by users of the web site and services. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
- We may provide links or other web sites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those web sites. We are not responsible for the availability of these web sites, nor will we be liable in any way for any loss or damage which you may suffer by using those web sites. If you decide to access linked third party web sites you do so at your own risk.
Disclaimer of Warranties
You agree that:
- your use of the web site and our services is at your sole risk. The web site and services are provided on an as is and as available basis. We expressly disclaim all conditions of any kind, including but not limited to conditions of title, fitness for a particular purpose, satisfactory quality and non-infringement of proprietary or third party rights;
- to the extent that it is lawfully possible to do so, we make no warranty that (a) the web site and our services and/ or any information will meet your requirements, (b) your access to and use of the services will be error-free, (c) any errors or inaccuracies will be corrected. Further, if your use of the web site results in the need for servicing or replacing equipment or data, this will not be at our risk and expense;
- no advice or information, whether oral or written, obtained by you through or from the web site or from our services will create any warranty not expressly stated in these terms and conditions.If you have any questions about the above, please contact us by email by writing to email@example.com
- You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of our web site or your breach of these terms and conditions. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary providing you meet our costs and expenses (including our legal fees).
Limitation of Liability
- To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the web site; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions) or other terms and conditions that relate to our other goods and/ or services we provide; (c) unauthorised access to or alterations of your transmissions or data; (d) statements or conduct of any third parties.You agree that in no event will our liability arising out of or in respect of these terms and conditions exceed 1,000 Pounds Sterling and that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever, whether or not arising from any negligence on our part.
Suspension and Termination
- We may in our sole discretion suspend and/ or terminate registration or use of our web site or our services at any time and we shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and or termination. Typically, we would only do this where you have not used our services for some time or if we believe that you have acted inconsistently with those terms and conditions. However, there may be other reasons why we would suspend and/ or terminate.
- These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our web site and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently).
- If any of these terms and conditions are found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
- You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site or our services.
- These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English Courts.
- For up-to-date information on our services or if you are dissatisfied with our web site, or have any questions concerning these terms and conditions, please contact us by writing to us at firstname.lastname@example.org