ABOUT US
INFORMATION

Terms & Conditons

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20-21 Eccleston Yards,

London SW1W 9NF

smuk@smuklondon.com

+44 (0) 20 3873 4568

©2019 by SMUK London

TERMS & CONDITIONS

General Terms and Conditions of Sale

Welcome to www.SMUKLondon.com. This section of our Website sets out our General Terms and Conditions of Sale (“Terms”) including our full delivery and returns process.

These Terms apply to all sales of products made to you, the customer, via www.SMUK London.com (“the Website”). Please read these Terms carefully before submitting your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

By placing an order with us you confirm that you agree to these Terms. If you do not agree to the Terms, please do not place any orders through the Website.

We reserve the right to make changes to these Terms at any time and the new version of the Terms will apply to any offer or order placed on the Website after the new version has been posted. We therefore advise you to make sure you are happy with the Terms each time you place an order.

Our Website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from nor deliver to addresses outside the UK.

1.  Information about us and how to contact us

We are SMUK London (U.K.) Ltd a company registered in England & Wales. Our company registration number is 09837668 and our registered office is at 20-21 Eccleston Yards, SW1W 9NF. You can contact us through our client care email: smuk@smuklondon or by phone:  020 3873 4568. Alternatively: Live Chat link

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2. Our products

The images of the products on our website are for illustrative purposes only and although every effort is made to display colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images, notably due to variance in screen resolution.

 

3. Our contract with you

3.1. Orders

Our acceptance of your order will take place when we send you an order confirmation email.  At this point, a contract for the sale and purchase of the ordered products will come into existence between you and us. 

If we are unable to accept your order we will inform you of this by email and will not charge you for the products. This might be because:-

·         the product is out of stock

·         we have identified an error in the price or description of the product

·         you have exceeded our Maximum Purchase Policy set out below

·         your billing name and address does not match that of the credit card used for payment and our fraud management system might flag it, but usually we tend to cater for it through SecurePay.

·         we need to deal with technical problems with the product or make minor technical changes;

·         we need to update the product to reflect changes in relevant laws and regulatory requirements.

Please note that we are unable to process orders to a P.O Box address.

When we have accepted your order you will see a confirmation page that gives you your unique reference number and the total sum deducted from your credit or debit card account. You can print this page for your reference, or alternatively wait until you receive this information in our acceptance email titled "Thank you for placing your order". The email will show all details of items purchased, delivery addresses, delivery options and packaging options, which you can keep for your records.

If you have any questions about an order, please contact our Customer Care Team using the contact details in condition 1. It will help us if you can tell us the order number whenever you contact us about your order.

3.2. Price and Payment

The price of the products (which includes VAT) is displayed throughout your online journey, either visible in the dropdown basket on the top banner of the website or on the checkout pages when you place an order. If there is a change in the rate of VAT between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change took effect.

We take all reasonable care to ensure that the price of the products advised to you is correct but in the unlikely event that the products are incorrectly priced, we will contact you for your instructions before we accept your order.  If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

You can pay for products using the following payment options:

CREDIT / DEBIT CARDS ACCEPTED:

-          American Express

-          MasterCard

-          Maestro

-          Visa  

-          AliPay

-         Paypal

-         Soon: Klarna 

 

WE'RE SORRY, WE DO NOT ACCEPT:

-          Cheques

-          Postal Orders

We are sorry, but at this time, we do not offer gift certificates or gift cards.

You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

 

IMPORTANT INFORMATION:

For your security and to avoid any fraudulent transactions, your billing name and address should match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.  This automatically might be cause of blocking the sale by the Payment provider as a security measure.

3.3. Maximum Purchase Policy

We regret that we must limit any orders to no more than four (4) units of any item per order; and (ii) per customer in case of multiple orders placed within 12 months.

3.4. Order Cancellations

Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are:

-          Item(s) not available;

-          Difficulty in processing payment information;

-          Cannot deliver to address provided;

-          Duplicate order was placed.

If your order is cancelled by us, you will receive an email to explain the reason for the cancellation. Your original payment method will be refunded for the appropriate amount.

If you wish to change or cancel your order prior to dispatch please call our Customer Care Team on 0207 216 0216 with your order number, to discuss what practical options are available to you. Please note as we generally process orders very quickly and dispatch orders within 1-2 days therefore it may not be possible to prevent your order from being dispatched. In this instance, please return your order once received in accordance with our Returns Policy which is set out below and in our Customer Care and FAQs document.

4. Delivery

4.1. Standard Delivery

We offer complimentary delivery on all orders to the address specified by you in your order by our carrier, usually within 3 – 5 working days from the date your order is accepted by us. Working days are Monday through Saturday excluding bank holidays.

Please allow two additional days for deliveries to the Scottish Highlands, Aberdeen, Northern Ireland and other rural areas. Please note that some deliveries to Northern Ireland could be delayed by Irish Customs and we are not responsible for any delays caused by this. We apologise in advance for any inconvenience this may cause our customers. Unfortunately for select postcodes in specific rural areas we may offer limited delivery options. You will be notified of this at checkout.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

All orders require a signature upon delivery. If you are not there to receive your order DPD will leave contact information and a delivery card for you to make alternative arrangements. To ensure secure and undamaged delivery of your order, DPD will not be able to leave your order 'hidden' at the delivery address unless this is specifically requested by you to DPD.

If, after a failed delivery to you, you do not re-arrange delivery or collect the products from the delivery depot then either we or DPD will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and you may be liable to pay us compensation.

We are sorry we only deliver online orders to UK addresses (excluding the Channel Islands).

4.2. Delivery Addresses

Unless you tell us otherwise during the ordering process, we will deliver your purchased products to the delivery address you have provided in your account information.

To ensure that there are no mistakes with addresses and to check that our delivery company has all the correct details, we use a system that verifies your address using your postcode.

We will take all reasonable care to deliver to the address given. However we will not be liable for non-delivery or mis-delivery as a result of incorrect data entry by you.

4.3 Ownership and Responsibility

You will be responsible for the products once they have been delivered to the address you have provided.

You own the products once we have received payment in full.

5. Your rights to end the contract

You may be entitled to end your contract with us and return the products, but your right to end the contract will depend on the products you have purchased, whether you have simply changed your mind, whether there is anything wrong with the products we have supplied, how we are performing and when you decide to end the contract.

If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see condition 5.3.

If you want to end the contract because of something we have done or have told you we are going to do, see condition 5.1.

If you have just changed your mind about the product, see condition 5.2. You may be able to get a refund if you are within the “cooling-off period”, but this may be subject to deductions.

 

5.1Ending the contract because of something we have done or are going to do

 If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

·         we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

·         there is a risk that supply of the products may be significantly delayed because of events outside our control;

·         we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or

·         you have a legal right to end the contract because of something we have done wrong.

5.2 Your right to change your mind      

Whilst we hope that you are delighted with your order, if for any reason you are not entirely satisfied or you otherwise change your mind, you have a legal right to change your mind and receive a refund within fourteen (14) days after the day the products were delivered to you or, where the products have been supplied in instalments, fourteen (14) days after the day on which the last instalment was supplied.  Please note you must return the products and all complimentary items to us to receive a refund.

You do not have a right to change your mind in respect of products where any hygiene seal or similar protection on those products has been broken or tampered with. This does not apply if you are making a return because the products are faulty or damaged (see below).

5.3 If there is a problem with the product

Please notify us immediately after delivery of any damage or fault or incorrectly supplied products or if the items listed on the dispatch note do not match those contained in your delivery by calling our Customer Care Team 0207 216 0216 (Monday - Friday 10am – 6pm excluding French Bank Holidays) or by emailing us at smuk@smukLondon.com with your order details. To ensure prompt resolution, please provide the order number and keep the box, packing materials, all complimentary items and the damaged items for inspection by the carrier.

We are obliged to provide you with products that are in conformity with this contract. See below a summary of your key legal rights.  The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

·         if your products are faulty within the first 30 days after the products have been delivered to you, you may choose to receive a full refund or a replacement for those products.

·         if your products are faulty within the first 6 months after the products have been delivered to you and cannot be repaired or replaced, you may choose to receive a full refund or a replacement for those products, in most cases.

·         if your goods do not last a reasonable length of time you may be entitled to some money back. 

Please note that if you return products more than 30 days after the date they were delivered to you, then we may make a deduction from any refund for use you have had of those products since delivery.

If you wish to exercise your legal rights to reject products you must either post them and all complimentary items back to us or allow us to collect them from you. We will pay the costs of postage or collection. Please call Customer Care using the contact details in condition 1 for a return label or to arrange collection.

Please ensure you obtain a Proof of Postage when you return the products to us. You should retain your Proof of Postage in order to provide proof to us that you have returned the products and all complimentary items, in the unlikely event that we do not receive the returned parcel.

6. How to make a return

If you are entitled to return products under condition 5, you may return your order at your own costs and, after consideration ( products not under condition 5), we will issue a refund directly on your payment means used for the transaction.     

Please note that if you make a return using a method other than by our carrier (i.e. via Royal Mail or an alternative courier) and you have simply changed your mind, you will be responsible for any applicable costs and charges involved.

Within the order packaging, you will find a Returns Form with details of your order together with details of our returns process.

We may reduce your refund of the price to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. In such circumstances, we will notify you that a reduced refund amount will be available or you can choose to arrange for such products to be returned to you within 28 days of our notification.

a)      Returning Products

Products and all complimentary items must be returned to us promptly at our distribution centre. If you are returning products because you have changed your mind, products and complimentary items must be received at our distribution centre no later than 14 days after the date you tell us you have changed your mind to maintain your entitlement to a refund.  Please ensure that the returned parcel is properly sealed.

If you return your parcel via DPD you will receive proof of postage and a code to track your return online at www.dpd.co.uk.

if you make a return using a method other than DPD, please obtain and retain your proof of postage in order to provide proof to us that you have returned the products in the unlikely event that we do not receive the returned parcel.

b)      Processing the Refund

If you have returned products because you have changed your mind, we will process the calculated refund as soon as possible and in any event within fourteen (14) days after the day we receive the returned products or (if earlier) the day on which you provide us with evidence of having sent the products back to us at our distribution centre. We will not be obliged to make a refund if you cannot provide evidence that you have sent the products and all complimentary items back to us so therefore please ensure that you retain, and are able to provide, proof of postage. Please note that a full refund will not be provided for returned products that show signs of unreasonable use.

If you have returned products because they are damaged, faulty or incorrect, we will process your refund as soon as possible and in any event within fourteen (14) days after the day we receive your returned products and confirm you are entitled to a refund.

Refunds will only be made against the original credit/debit card used for the purchase. You will receive email notification of your refund from our Customer Care Team.

If you have chosen to exchange the relevant products, please note we can only offer exchanges that are equivalent or less than the value of the original order. If you request to exchange for a value less than the value of the original order, we will credit the original credit/debit card used to make the order with the difference in value.

If you have requested an exchange or replacement on your Returns note, this will be processed within seven (7) working days of receiving your returned products and will be delivered via standard delivery. Deliveries of exchanged or replacement products will be completed on the Delivery terms set out above.

7. Our liability to you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987

If we fail to comply with these Terms or fail to use reasonable skill and care in relation to our arrangements with you, we are responsible to you for foreseeable loss and damage caused to you as a result.  Loss or damage is foreseeable it is oblivious it would happen or if, at the time the contract was made between us, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987

We only supply the products to you for private use and not for commercial, business or resale purposes. We therefore will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

8. Personal Data

We will use the personal information you provide to us:

(a) to supply the products to you;

(b) to process your payment for the products; and

(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving this at any time by contacting us.

We will only give your personal information to third parties where the law either requires or allows us to do so.

Please see our Privacy and Cookies Policy to understand how we will use personal information submitted by you when creating an account, purchasing products and when you are otherwise using the Website.

 

9. Other Important Terms

We may transfer our rights and obligations under these Terms to another person or organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We will not unreasonably withhold or delay our consent.

This contract is between you and us. No other person shall have any rights to enforce any of its Terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.  If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts