OUR TERMS OF SALE

Please read the following important terms and conditions before you purchase anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• ‘Product’ means the luxury leather vanity case that has been customised to your order either from our Iconic Range or Individuality Range of goods, or any other goods or
  accessories sold by us.
• ‘We’, ‘us’ or ‘our’ means The Vanity Case Company Ltd (company number: 1300007);
• ‘Website’ means www.thevanitycasecompany.com.
•  ‘You’ or ‘your’ means the person using our site to purchase Products from us.

1 Introduction
1.1 By accessing or using our Website, mobile application or other service on any computer, mobile device, tablet, console or other device, you consent to our Terms of Sale (“Terms”).

1.2 If you purchase Products on our Website you agree to be legally bound by this contract and any supportive documents in association with it, including our Website Terms of Use, please see links on our Website.

1.3 We reserve the right to update and revise our Terms at any time to ensure that they accurately reflect developments in the law and our business operations. Any amendments made will be effective upon updating on the Website.

1.4 You may only purchase Products from our site for personal and non-business reasons.

1.5 This contract is only available in English. No other languages will apply to this contract.

 

 

2 Your privacy and personal information

2.1 Our Privacy Policy is available on our Website via a link here.

2.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us
and supervisory authorities if you have a query or complaint about the use of your personal information.

 

 

3 Using our Website

3.1 In order to purchase our Products, you will need to make your selection from the range of Products available in our different ranges. For our Iconic Range, you will set up a
consultation with our stylist to customise your Product.

3.2 By using our Website, you agree that you are solely responsible for any activity or usage that occurs. You also agree that you provide us with complete, accurate and updated
information, as we will not accept any liability for any incorrect or incomplete information.

 

 

4 Ordering Products from us

4.1 Below, we set out how a legally binding contract between you and us is made. This process varies if you order Products from our different ranges, so we will set these terms out in full below.

Individuality Range

4.2 You must use our Website to place an order for a Product in this range. The Products in this range are customisable to your preferences, using the drop down selection boxes. Please
read and check your order carefully before submitting it as once the order has been submitted, these selections cannot be altered or refunded.

4.3 Our Website will generate a visual sample of the Product based on your choices, as an indication of what your Product will look like on delivery. Please note that this is for illustrative purposes only.

4.4 When you place your order at the end of the online checkout process (eg when you click on the ‘pay now’), we will acknowledge it by automated email. This acknowledgement does
not, however, mean that your order has been accepted by us. Please see below for “Order Confirmation”.

Iconic Range

4.5 The Products in this range are entirely customisable to your preferences.

4.6 To order a Product in this range, you will need to arrange a consultation with our stylist by sending an email through a link on the Website. Our stylist will then email you to confirm how you wish this consultation to take place, either in person, by telephone or by Zoom video conference.

4.7 You discuss options available with our stylist and have the option to select from our full range of leathers, silks, precious or semi-precious stones, gold or silver hardware and other customisable options available. An invoice for the Product will then be produced based on your selections.

4.8 Such invoice will become payable within 3 days of the date of the invoice.

4.9 Payment is to be made via Stripe unless otherwise indicated by us.

4.10 Your receipt and payment of the invoice does not mean your order has been accepted by us. Please see below for ‘Order Confirmation’.

 

 

 

 5 Order confirmation

5.1 We may contact you to say that we do not accept your order. This is typically for the
following reasons:

(a) the materials selected to customise the Products are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to purchase the Products from us;
(d) we are not allowed to sell the Products to you;
(e) you have ordered too many Products; or
(f) there has been a mistake on the pricing or description of the Products.

5.2 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch the Products to you within the timeframe confirmed in the Confirmation Email or if no timescale is mentioned then within those
timescales as set out on our Website.

5.3 If you are under the age of 18 you may only purchase Products from our Website if you have consent from someone above the age of 18 years.

5.4 We will order the specific materials for your bespoke order following payment by you, meaning that your order cannot be cancelled or amended in any way.

 

 

 

6 No right to cancel this contract

6.1 You do not have the right to cancel this contract after purchasing our Products as our Products are made to your specifications and clearly personalised. For the avoidance of
doubt, the exemption under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Regulation 28(1)(b) applies to all of our Products.

6.2 This clause is subject to the provisions of clause 13 regarding faulty Products (see below).

 

 

 

7 Delivery

7.1 We use a courier to deliver our Products. Please note that our expected delivery timescales may differ depending on the time of year.

7.2 The estimated date for delivery of the Products is set out on our Website.

7.3 If something happens which:
7.3.1 is outside of our control; and
7.3.2 affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the Products by email, if this is possible and within our knowledge.

7.4 Delivery of the Products will take place when we deliver them to the address that you gave to us. We do not accept any liability for incorrect or incomplete delivery information.

7.5 If nobody is available to take delivery, please contact the courier using the contact details left by them at the time of attempted delivery.

7.6 You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of the Products.

7.7 We may deliver your Products in installments. If you want to see whether your Products may be delivered in this way, email us at enquiries@thevanitycasecompany.com at any time during the online checkout process.

 

 

 

8 Price and Payment

8.1 The Price of the Products will be as quoted on our Website (for the Individuality Range) or as quoted in the invoice we send you (for the Iconic Range).

8.2 The price of the Products:
8.2.1 is in pounds sterling (£)(GBP);
8.2.2 includes VAT at the applicable rate; and
8.2.3 includes the cost of delivery of the Products to you but not repeat attempts to deliver.

8.3 We accept all major credit cards and debit cards. We do not accept payments by cash.

8.4 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 2) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.5 For online payments made for the Individuality Range of Products, your credit card or debit card will be charged upon making payment when submitting your order online.

8.6 For payments made for the Iconic Range of Products, your credit or debit card will be charged on payment of the invoice supplied. Payments made by bank transfer will be
charged immediately on payment being made. All payments made confirm your obligation to be bound by the terms of our contract.

8.7 All payments by credit card or debit card need to be authorised by the relevant card issuer.

 

 

 

9 Nature of the Products

9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the Products:

9.1.1 are of satisfactory quality;
9.1.2 match the description, sample or model.

9.2 We must provide you with Products that comply with your legal rights.

9.3 While we try to make sure that:

9.3.1 all weights, sizes and measurements set out on our Website are as accurate as possible, there may be a small discrepancy in such weights, sizes and measurements
in the Products ordered as they are bespoke to your requirements; and
9.3.2 the leather and silk colours of our Products and materials used are displayed as accurately as possible on our Website; the actual colours that you see on your
computer may vary depending on the monitor that you use. Also, these leathers and silks are natural products with naturally occurring blemishes, so there may be
variations on the finished products which cannot be anticipated and for which we will not accept responsibility. If you have any queries in relation to the colour of
these materials, you may request a swatch sample prior to submitting an order, limited to two leather swatches and one silk swatches (and no more than three
swatches in total).

9.4 If we can’t supply certain elements ordered for our Products (such as some of our bespoke customisable options) we may need to substitute them with alternative elements of equal or better standard and value. In this case:

9.4.1 we will let you know if we intend to do this, but this may not always be possible; and
9.4.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

 

 

 

10 End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

 

 

 

11 Limit on our responsibility to you

11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused where we have been negligent) or arising under applicable laws
relating to the protection of your personal information, we are not legally responsible for:

(a) losses that were not foreseeable to you and us when the contract was formed;

(b) losses due to a force majeure event, including but not limited to, an act of God, pandemic, fire, explosion, flood, adverse weather, earthquake, terrorism, riot, acts or omissions of our third party suppliers and any delays caused by third parties, including but not limited to, any customs checks. In such circumstances, we shall not be liable for any consequential loss (including
any customs taxes or duty) or any disappointment, and any enquiries relating to such events should be addressed directly with your local customs office;

(c) losses that were not caused by any breach on our part;

(d) losses that were caused by events beyond our control;

(e) losses that were caused by the failure of third party suppliers;

(f) losses that were caused by any faults or delays in the manufacturing process for the Products;

(g) business losses;

(h) losses to non-consumers; and

(i) losses that result from your breach of this contract.

 

 

 

12 Faulty Products

12.1 We have a manufacturer based in Great Britain who will undertake the manufacture of all Products ordered. Whilst we are confident in the skill of our manufacturer and the quality of the Products being manufactured by them, we cannot guarantee that Products will not incur faults (occurring either during manufacture or during delivery).

12.2 If there is a genuine fault with the Products received, then it is the responsibility of the manufacturer to rectify this.

12.3 In the event of a genuine fault, you must first contact us to inform us of the fault in the Products, so that details of the fault can be taken and assessed. If it is agreed that the fault is a genuine fault, then you must follow the procedure below.

12.4 If a genuine fault has been agreed with us, the Products must be returned to us within 14 days following initial delivery, ensuring that the Products remain packaged as received and
including paperwork and certificate enclosed. We will arrange for a courier to collect the Products from you.

12.5 We will always aim to repair any genuine fault in the first instance. Please note that it is at our discretion whether to replace the Products. Once we have received the returned
Products, we will confirm by email the action to be taken by us and the intended date for you to receive the repaired Products or replacement Products.

 

 

 

13 Disputes

13.1 We will try to resolve any disputes with you quickly and efficiently.

13.2 If you are unhappy with:

13.2.1 the Products;
13.2.2 our service to you; or
13.2.3 any other matter, please contact us as soon as possible by emailing: enquiries@thevanitycasecompany.com.

13.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you.

13.4 If you want to take court proceedings, the courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.

13.5 The laws of England and Wales will apply to this contract.

 

 

 

14 Third party rights

14.1 No one other than a party to this contract has any right to enforce any term of this contract.

 

 

 

15 Intellectual Property Rights

15.1 All content that appears on our website and other mediums such as social media, including but not limited to all designs, illustrations, photographs, video clips, written materials and descriptions and visual samples generated remain the exclusive property of us and our manufacturer. These are protected by trademarks and international copyright laws.

15.2 All trademarks, service marks, word marks and trade names that appear on our website and the overall “look and feel” of our Products are owned by us. You may not display, reproduce or otherwise use the content or materials from our website or other materials without first receiving written consent from us.

15.3 You must not post any defamatory or misleading comments or images about us or our Products on any social media platforms.

15.4 If you would like to request our consent to use such materials or content, please contact us by email: enquiries@thevanitycasecompany.com.

 

 

 

16 General

16.1 This contract is personal to you and you have no right to assign or otherwise transfer your rights to anyone else.

16.2 If any provision of this contract is deemed unenforceable by any court with relevant jurisdiction, this shall not affect the remainder of this contract.

16.3 For more detailed information on your rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) and what you should expect from us, please visit the Citizens
Advice website: www.citizensadvice.uk or call 03454 04 05 06.

16.4 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

If you don’t understand any of this contract and want to talk to us about it, please contact us by Email: enquiries@thevanitycasecompany.com