Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.alfonsisadore.com to you and tells you the terms of use on which you may make use of our site, whether as a guest or as a registered user. Please read these terms and conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions and by using our Site, you indicate that you accept our terms of use and that you agree to abide by them, if you do not agree to these terms of use, please refrain from using our Site. You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1. www.alfonsisadore.com is a site operated by Alfons & Isadore Ltd . We are
registered in England and Wales under company number 07044943 and with our
registered office at:
Harwood House 43 Harwood Road London SW6 4QP
Our main trading address is:
Alfons & Isadore Ltd
Studio 34
252 Old Brompton Road
London SW5 9HW
2. Service availability and accessing our site
2.1 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. We
will not be liable if for any reason our Site is unavailable at any time or for
any period. You will remain liable for any orders for the Products that you have
made and/or charges you have incurred prior to the withdrawal of the service on
our Site.
2.3 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.
2.4 If you choose, or you are provided with, a user identification code,
password or other piece of information as part of our security procedures, you
must treat such information as confidential, and you must not disclose it to any
third party. We have the right to disable any user identification code or
password, whether chosen by you or allocated by us, at any time, if in our
opinion you have failed to comply with any of the provisions of these terms of
use.
2.5 You are responsible for making all arrangements necessary for you to have
access to our Site. You are also responsible for ensuring that all persons who
access our Site through your internet connection are aware of these terms, and
that they comply with them.
3. Your status
By placing an order through our Site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
4. How the contract is formed between you and us
4.1 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 will only be
formed when we send you the Dispatch Confirmation.
4.2 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.
5. Consumer rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time
within fourteen working days, beginning on the day after you receive the
Products. In this case, you will receive a full refund of the price paid for the
Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return
the Product(s) to us immediately, in the same condition in which you received
them, and at your own cost and risk. You have a legal obligation to take
reasonable care of the Products while they are in your possession. If you fail
to comply with this obligation, we may have a right of action against you for
compensation.
5.3 Details of this statutory right, and an explanation of how to exercise it,
are provided in the Dispatch Confirmation. This provision does not affect your
statutory rights.
6. 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 a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Risk and title
7.1 The Products will be at your risk from the time of delivery.
7.2 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.
8. Price, payment and products
8.1 The price of any Products will be as quoted on our Site from time to time,
except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to
the total amount due as set out in our Customer Service Delivery Guide.
8.3 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.
8.4 Whilst we will use our best efforts to ensure our Site contains all
available Products at all times, some of our Products listed on our Site may not
be available at all times.
8.5 Payment for all Products must be by credit or debit card. We accept payment
with Visa, Mastercard, or Maestro. We will not charge your credit or debit card
until we dispatch your order.
9. Our refunds policy
9.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the fourteen day
cooling-off period (see clause 5.1 above), we will process the refund due to you
as soon as possible and, in any case, within 30 days of the day you have given
notice of your cancellation. In this case, we will refund the price of the
Product in full, including the cost of sending the item to you. However, you
will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance because you claim that the Product is
defective), we will examine the returned Product and will notify you of your
refund via e-mail within a reasonable period of time. We will usually process
the refund due to you as soon as possible and, in any case, within 30 days of
the day we confirmed to you via e-mail that you were entitled to a refund for
the defective Product. Products returned by you because of a defect will be
refunded in full, including a refund of the delivery charges for sending the
item to you and the cost incurred by you in returning the item to us.
9.2 We will usually refund any money received from you using the same method
originally used by you to pay for your purchase.
9.3. To contact us about a refund email refund@alfonsisadore.com with your Order reference number as the subject
10. Our liability
10.1 The material displayed on our site is provided without any guarantees,
conditions or warranties as to its accuracy.
10.2 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 the kind are commonly supplied.
10.3 Our liability for losses you suffer as a result of us breaking this
agreement is strictly limited to the purchase price of the Product you
purchased.
10.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt
to exclude, our liability.
10.5 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:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of goodwill, or
(g) waste of management or office time however arising and whether caused by
tort (including negligence), breach of contract or otherwise, even if
foreseeable; provided that this clause 10.5 shall not prevent claims for loss of
or damage to your tangible property that fall within the terms of clause 10.2 or
clause 10.3 or any other claims for direct financial loss that are not excluded
by any of categories (a) to (g) inclusive of this clause 10.5.
10.6 Where you buy any Product from a third party seller through our site, the
seller's individual liability will be set out in the seller's terms and
conditions.
11. Intellectual property rights
11.1 We are the owner or the licensee of all intellectual property rights
including but not limited to trademarks, copyright and related rights, patents,
rights in design, trade names, domain names in our site, and in the material
published on it (Content). The Content is protected by laws, rights and treaties
around the world. All such rights are reserved. Nothing contained in this
agreement purports to confer upon you a licence or a right to use the Content
and/or display the Content on your PC or other electronic access device for your
own personal, commercial and/or non-commercial use, without obtaining a licence
to do so from us or our licensors. You are prohibited from reproducing,
retransmitting, distributing, selling, publishing, broadcasting or communicating
or otherwise making available to anyone for any purpose any of the Content
obtained through our Site or through other means.
11.2 Our status (and that of any identified contributors) as the authors of
material on our site must always be acknowledged.
11.3 If you print off, copy or download any party of our Site in breach of these
Terms, 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.
12. Reliance on information posted
12.1 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 visitors to our Site, or by anyone who may be informed of any of its contents.
13. Information about you and your visits to our sites
We process information about you in accordance with our privacy policy.By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
14. 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.
16. Viruses, Hacking and Other Offences
16.1 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
disturbed denial-of service attack.
16.2 By breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990. We will report 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.
16.3 We will not be liable for any loss or damage caused by a distributed
denial- of service attack, viruses or other technologically harmful material
that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of our site or to your downloading of any
material posted on it, or any website linked to it.
17. Linking to our site
17.1 You are prohibited from creating and/or maintaining any link to our home page and/or any page on this website without our prior written agreement.
18. 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.
19. Notices
All notices given by you to us must be given to Alfons & Isadore Ltd Limited at: Alfons & Isadore Ltd,Studio 34,252 Old Brompton Road,London,SW5 9HW or info@alfonsisadore.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 19 above. 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.
20. Transfer of rights and obligations
20.1 The contract between you and us is binding on you and us and on our
respective successors and assigns.
20.2 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.
20.3 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.
21. Events outside our control
21.1 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).
21.2 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or
other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any
government.
21.3 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.
22. Waiver
22.1 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.
22.2 A waiver by us of any default shall not constitute a waiver of any
subsequent default.
22.3 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 20 above.
23. Severability
If any of these Terms 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.
24.Entire agreement
24.1 These Terms and any document expressly referred to in them represent the
entire agreement between us in relation to the subject matter of any Contract
and supersede any prior agreement, understanding or arrangement between us,
whether oral or in writing.
24.2 We each acknowledge that, in entering into a Contract, neither of us has
relied on any representation, undertaking or promise given by the other or be
implied from anything said or written in negotiations between us prior to such
Contract except as expressly stated in these terms and conditions.
24.3 We intend to rely upon these terms and conditions and any document
expressly referred to in them in relation to the subject matter of any Contract.
While we accept responsibility for statements and representations made by our
duly authorised agents, please make sure you ask for any variations from these
terms and conditions to be confirmed in writing.
25. Our right to vary these terms and conditions
25.1 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.
25.2 You will be subject to the policies and terms and conditions in force at
the time that you order 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).
26. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. 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.