Terms & Conditions
By using our website, placing an order for Products, electronically or by telephone, you confirm your agreement to our terms and conditions.
Conditions
1. An order for Products placed by you, the buyer through our website or over the telephone shall be subject to these terms and conditions.
2. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
3. Nothing in these terms and conditions shall affect the statutory rights of any consumer.
Orders
4. All orders for Products shall be deemed to be an offer by you, the buyer, to purchase Products pursuant to these terms and conditions.
5. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form/over the telephone and we will not be obliged to accept an order unless all details requested have been entered correctly.
6. Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
7. Unless you cancel your order, acceptance of your order and completion of the contract will be completed when we email you to confirm the goods have been dispatched.
8. We are entitled to refuse any order placed by you and will not be required to provide an explanation.
Products
9. The Products may differ slightly from the images shown on the website. Without prejudice to the generality of the foregoing you accept that, without limitation, the colour tone, fabrication and visual aspects of the products including beaded and crystal components of the Products may differ from the images displayed on the website. You accept that there may be differences in the actual appearance of the Products from the images on the website this is usually due to photographic technique and context.
10. We reserve the right to substitute Products of a similar description and standard if the requested Products are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the product within 7 working days from the date of delivery, should the substituted product not be acceptable to you. Provided the conditions of clause 22 (below) are satisfied you will then receive a full refund for the returned substituted product.
Price and Payment
11. The price of the Products will be the prices quoted on the website at the date the order is received and, delivery prices vary.
12. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the Products to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials, costs of obtaining customs clearance or other certifications or other costs of manufacture).
13. In the unlikely event of there being such an increase in the price of the Products you, the buyer, shall be entitled to cancel the order at any time before delivery.
Payment
14. When we provide any Products to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form/over the telephone.
15. By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided.
16. Title to the Products will pass to you, the buyer, on payment in full of the price of the Products.
17. We will issue you with an electronic receipt. Once the transaction is completed and will send you a further email together with a dispatch notice and tracking number once the Products have been dispatched.
Delivery
18. The Products will be delivered within 4-6weeks to you, the buyer, at the address provided by you on the order form/over the telephone and we require a signature for any goods delivered.
19. The risk in the Products shall pass to you upon such delivery taking place.
20. Any dates quoted for delivery of the Products are approximate only and we shall not be liable for any delay in delivery of the Products however caused. If however we are unable to deliver your Products by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place.
21. We shall not be liable to you, the buyer, for incomplete delivery of the Products however caused but will provide you with the outstanding Products as soon as is reasonably practical. If however we have not delivered the outstanding Products within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding Products.
Returns
22. We understand that sometimes a product is not quite right and that you may wish to have a refund.
23. You have 14 days to return an item(s) from the day that you receive the item(s). We ask that you request your Return code within 7 days of receiving your order by emailing returns@byanamaria.co.uk. Please quote your order number and explain the reason why you want to send your item(s) back. If an item is faulty, please provide full details.
How to Return Your Purchase
24. You as the customer are responsible for the payment of postage/shipping for returns. Ana Maria Bufnila will not pay the postage of any unwanted items unless they are faulty. Should you receive a faulty item please email us at returns@byanamaria.co.uk stating the order number and fault. We can then arrange a pick up for you.
25. Please read the these instructions on how to return an item; Please write a detailed explanation of the reasons for return quoting you Return Code number and post to the following address; Flat 32, Griffin House, 399 London Road, Croydon,CR0 3FH Please send your return using a secure and tractable method, for example Royal Mail Recorded delivery/Special delivery. Please ask for and keep proof of postage. We will send you an email to confirm that we have received your return. You will then receive another email confirming that you have been credited. Please allow up to 10 working days for your bank to complete the transaction, depending on their processing time. This can vary between card issuers.
Late Returns
26. An Return code should be requested within seven days of receiving your order. You should then return your item(s) within 14 days of receiving this number. Returns outside these timeframes cannot be accepted.
Receiving a Refund
27. Your refund will be credited to match the original method of payment. This will exclude shipping costs (with the exception of faulty items). Customs duties and taxes are non refundable outside of the EU. However, you may be able to claim these back by contacting your local customs bureau. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned merchandise. A full refund will be made within 30 days of your cancellation following inspection of the returned product. It is the customer’s responsibility to return the item in perfect condition.
Faulty Goods
28. Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs. Please note that damaged items as a result of wear and tear are not considered to be faulty. We will try our very best to repair faulty items or replace where possible. If we have no replacement stock or the item is beyond repair, you will receive a full refund.
Your Warranty
29. You, the buyer, warrant that all details provided on the order form/over the telephone for the purpose of purchasing the Products are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Products.
Limitation Of Liability
30. We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
30.1.1 Act of God, explosion, flood, tempest, fire or accident; 30.1.2 War or threat of war, sabotage, civil disturbance or requisition; 30.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; 30.1.4 Import or export regulations or embargoes; 30.1.5 Strikes, lock outs or other industrial actions or trade disputes; 30.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery; 30.1.7 Power failure or breakdown in machinery.
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other canceling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.
31. We do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the Products.
32. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of Products other than as a result of a breach of an obligation arising under the Sale of Products Act 1979 (as amended) and the Supply of Products and Services Act 1973.
Website
33. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
34. All photographs, colours, components, descriptive matter and specifications of the Products on the website are for the sole purpose of giving an approximate description of the Products.
35. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or the entire website without notice or liability.
Queries and Complaints
36. We aim to respond to e-mail queries within 72 hours.
37. In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done.
We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website. This website and our Terms & Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are of course more than happy to consider requests for products and enquiries from outside the United Kingdom, we can give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.