terms & conditions
Our terms and conditions of sale (the “Terms”)
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These Terms
- What these terms cover. These are the terms and conditions on which we supply goods to you (our Products) via our website at https://www.roksanda.com.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our Products to you, how you and we may change or end the contract formed between you and us, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss. Before you place an order you will be asked to agree to these Terms. You will not be able to order any Products from our website unless you accept these Terms so please make sure there is nothing in them that you are not happy to accept before submitting your order.
- Check these terms on every order. We will amend these Terms from time to time. The date that these Terms were last updated will appear at the top of this document. It is important that each time you wish to order Products from us that you check these Terms together with documents or pages referenced in them (this includes, for example our Delivery & Shipping, Returns & Cancellation and our Privacy Policies) to ensure you are still happy to accept them. This is important because it is the Terms in force at the time of each order that will apply to the contract between you and us.
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Information about us and how to contact us
- Who we are. We are ROKSANDA (UK) Limited a company registered in England and Wales. Our company registration number is 15735272 and our registered office is at Quadrant House, Thomas More Square, E1W 1YW. Our registered VAT number is GB467916641.
- How to contact us. You can contact us by sending an email to customerservice@roksanda.com.
- How we may contact you. 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.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
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Our contract with you
- Website Listings. Our listing of any Products on our website does not constitute a contractual offer on our part to sell the Products nor does it constitute any representation that there is available stock. We may refuse to accept an order for any reason at our absolute discretion although we will tell you quickly if we do.
- Check your order details. Each step in the order process on our website allows you to check and amend any errors before submitting your order. It is your responsibility for checking that you have entered the correct order details.
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it (in our Order Confirmation), at which point a contract (the Contract) will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will refund any money that you have been charged for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- We only sell to a limited number of countries. We only accept orders for delivery to addresses within certain countries. Please refer to our Delivery & Shipping Information page for details of countries we ship to.
- We do not deliver to P.O. (Post Office/Postal) Boxes or Forwarding Addresses. Please refer to our Delivery & Shipping Information page for details of further shipping conditions and exclusions.
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Our products
- Products may vary slightly from their pictures. The images of the products on our website and any accompanying descriptions are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- Sizing. Our clothing is designed and sold by reference to a UK size guide. Please consult our size guide for corresponding sizes in other countries which we sell to. Any measurements stated on our website are approximate only. There may be small discrepancies in the size of Products supplied. If you have any questions about the fit of any Product, please contact our customer service at customerservice@roksanda.com.
- Your rights to make changes
We do not currently offer either a bespoke customisation nor alterations service for any Product. Notwithstanding this, if you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our rights to make changes
Changes to comply with laws etc.. Before we despatch the Product to you, we may make changes to it to comply with any relevant laws or health & safety requirements. We will notify you of any such changes.
- Delivery
- Delivery costs. The costs of delivery will be those displayed to you on our website. If you are ordering Product for delivery to an address outside of the United Kingdom please also refer to clause 8 (International Delivery) for additional important delivery terms and information.
- Time for delivery. We will deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Please refer to our Shipping & Delivery Information page for estimated shipping times.
- Delays outside our control. We will not be liable for any delay or failure on our part to perform any of our obligations under the Contract caused by any events or circumstances outside of our reasonable control. Such events and circumstances outside of our reasonable control shall be deemed to include, but are not limited to: war or threat or preparation for war; act of terrorism or threat of such an attack; riots, civil unrest or civil war; the imposition of any curfew or restriction on the movement or gathering of people by government or other public authority; imposition of sanctions or embargo; nuclear, chemical or biological contamination; epidemic or pandemic; interruption or failure of a utility service or communications network (private or public); unavailability of or delay in air, road, sea or railway transportation; strikes, lock-outs and other industrial action; fire, flood, drought, storm, earthquake, volcano, or other natural disaster; the risk of, and measures to contain the spread or transmission of, any communicable disease including but not limited to bird flu, swine flu and COVID-19 whether or not declared as an epidemic or pandemic by any government or other public authority or agency (including supra-national authority such as the World Health Organisation).
If we are prevented or delayed from performing a Contract for a reason outside of our reasonable control:
- we will notify you by email as soon as possible;
- our obligations will be suspended and the time for performance of our Contract will be extended for the time that we are prevented or delayed from performance. Where our ability to deliver Products to you is impacted we will arrange a new delivery date with you after we are able to resume performance.
If there is a risk of substantial delay you may contact us to end the Contract. Where you have paid for Products which have not been received you will receive a full refund. If you have already received the Products, you must return the Products to us, at our cost, in accordance with our Returns Policy, following which we will refund the price you have paid for the Products.
- If you are not at home when the Product is delivered. All Products must be signed for. If no one is available at your address to sign and take delivery, we will contact you to rearrange.
- If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery , we 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.
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Your legal rights if we deliver goods late. If we miss the delivery deadline for any Products then you may tell us in writing that you wish to cancel your Contract if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
- Ending the contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of the Products only, unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must return them to us, at our cost, in accordance with our Returns Policy. Subject to your compliance with our Returns Policy, we will then refund you sums you have paid us for the cancelled Products and their delivery as per the terms of that policy.
- When you become responsible for the Products. A Product will be your responsibility from the time we deliver the Product to the address you gave us or you or someone authorised by you collect it from us at our Mayfair store.
- When you own Products. You own a Product once we have issued an Order Confirmation for the Product in question and received payment in full.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
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Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
- deal with technical problems or make minor technical changes;
- update the Product to reflect changes in relevant laws and regulatory requirements;
- make changes to the Product as requested by you or notified by us to you.
- Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.
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International Deliveries
- You must check whether import duties and other charges may apply. Orders for delivery to an address outside of the United Kingdom may be subject to customs, excise and other import duties, VAT and other taxes and fees applied at the destination country (collectively Import Charges). These Import Charges are your sole responsibility. We strongly suggest that before you place an order you contact your local customs & excise office to ascertain what, if any, Import Charges may apply and their amount. We have no control over these Import Charges nor can we tell you what amount they will be.
- We are not responsible for customs/import delays. You accept that orders may be delayed in customs or their release may be subject to receipt of Import Charges and completion of associated paperwork such as customs declaration forms. No account of any such time delays is taken into account in our delivery estimates. We are not responsible for any delivery delays attributable to such matters.
- Our Products are designed and made for the UK market. We are not liable or responsible for any Product failing to comply with any law relating to the manufacture, use or sale of any Product outside of the United Kingdom. It is your responsibility to ensure that you are permitted under applicable law to purchase the Products for import into the destination country in question.
- Position where refunds apply. Please be sure to read the provisions of clause 9.3 carefully and consider your position before you place an order.
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Changing your Mind / Cooling-Off Period
- Your Rights to change your mind. If you wish to cancel or return any Products to us, you may do so in accordance with these Terms and our Returns & Cancellation Policy provided you exercise your right within the time limit prescribed in clause 9.5 or 9.6. This right does not affect any statutory rights that a UK or EU customer may have insofar as they may not be modified or excluded by these Terms under applicable distance selling, consumer protection or e-commerce legislation applicable in the territory to which the Product is agreed to be shipped (collectively Consumer Regulations). Consumers are recommended to visit the Citizens Advice website here for further information on their key legal rights.
- Refunds under Consumer Regulations. Where a Product is returned by you under the Consumer Regulations, we will refund you in full in accordance with your statutory rights but you will need to return the Product to us at your own cost (if you have already received the product) unless otherwise specified in these Terms or our Returns & Cancellation Policy.
- We do not refund import duties and other charges. Where you have paid Import Charges to customs or other authorities on the importation of a Product you wish to return, we accept no responsibility or liability in relation to any claim for a refund of such sums from the authorities whether or not such a refund is possible. Nor are we under any obligation to make any claim for a refund of such sums on your behalf.
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When you don't have the right to change your mind. You do not have a right to change your mind and cancel your Contract in respect of:
- Pierced jewellery;
- Goods made to your specification;
- Personalised goods (e.g. monogrammed goods); and
- Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
- How long do I have to change my mind (the cooling-off period)? Under the Consumer Regulations, if you are a UK or EU customer you have 14 (fourteen) days after the day you (or someone you nominate) receives the Products, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods. After this time, the right to change your mind automatically ceases under the Consumer Regulations subject always to any other of your statutory rights.
- Our Returns & Cancellation Policy may offer extended return rights. Without prejudice to the above statutory rights, we may as a gesture of goodwill to our customers from time to time offer return and cancellation rights to customers which may be more generous than those provided by law. Insofar as these are offered, including a longer period of time for customers to change their minds about a Product they have purchased from us online, these will be set out in our Returns & Cancellation Policy. These do not limit or replace any statutory rights to which you may be entitled as a consumer but are in addition to such rights. If there is a conflict or inconsistency between any provision of the Returns & Cancellation Policy and these Terms, the provisions of these Terms shall prevail.
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How to end the Contract with us (including if you have changed your mind within the cooling-off period)
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Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:
- Phone, email or post. Email us at customerservice@roksanda.com or by post (using a form of post which provides for proof of delivery) to us at Customer Service, Unit 14, Waterhouse, 8 Orsman Road, London N1 5QJ. Please provide your name, home address, details of the order (including order number) and, where available, your phone number and email address. Where you are cancelling by email or post, it is important that you include a clear statement of your decision to cancel the Contract. A model cancellation form is provided in the Schedule at the end of this document for this purpose. Use of this model cancellation form is recommended but its use is not obligatory.
- Returning products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. Please email us at customerservice@roksanda.com for a return label. If you are exercising your right to change your mind under the Consumer Regulations as per clause 9.5 of these Terms you must send off the Products to us within 14 days of telling us you wish to end the Contract. Otherwise you must comply with any time limit set out in our Returns & Cancellation Policy.
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When we will pay the costs of return. We will pay the costs of return:
- if the Products are faulty or misdescribed;
- if you are ending the Contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a substantial delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- you are exercising your right to change your mind in accordance with your rights under clause 9 of these Terms and you arrange for your Products to be collected by our designated courier using our returns service as specified in the Returns & Cancellation Policy.
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Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:
In all other circumstances you must pay the costs of return.
- How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
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Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) 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. See our Returns & Cancellation Policy page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheapest delivery option.
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When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- where you are entitled to a refund it will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
- in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Where you do not return the Products we may arrange to have them collected from you, at your cost.
- Our rights to end the Contract
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We may end the contract if you break it. We may end the Contract for a Product at any time by writing to you if:
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
- you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
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We may end the contract if you break it. We may end the Contract for a Product at any time by writing to you if:
- If there is a problem with the Product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You email us at customerservice@roksanda.com or write to us at Roksanda, Unit 14, 8 Orsman Road, London N1 5QJ.
- Summary of your legal rights. We are under a legal duty under UK law to supply Products that are in conformity with the Contract. For detailed information please visit the Citizens Advice website citizensadvice.org.uk. Nothing in these Terms will affect your statutory rights as a consumer.
- Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must post them back to us in secure packaging in accordance with our Returns & Cancellation Policy. Please email us at customerservice@roksanda.comfor a return label. We will bear the cost of the return of a defective Product where made via our authorised returns service.
- Price and payment
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Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you place your order. This price excludes:
- any Import Charges (see clause 8.2) which might be incurred in connection with delivery to a country outside of the United Kingdom; and
- delivery charges which you will be made aware of during the ordering process before you check out.
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Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you place your order. This price excludes:
We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the Product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
- All prices and transaction fees including delivery are charged in GB Pounds sterling (GB£). Where we state an amount in Euro or US Dollars this is an estimate based on currency valuations which change daily. If you pay for Products using a debit or credit card which is not denominated in GB£ the final price you pay will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the payment transaction.
- If we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, 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.
- When and how you must pay. We accept payment with American Express, Mastercard, Visa, Maestro, Shop Pay, Gpay and Apple Pay as well as Paypal. You must bear any charges raised by your bank, card issuer or Paypal for processing your order. Your card or Paypal account will be charged at the time you place your order. All Products must be paid for in full before they are despatched or may be collected (where that option is available). You understand and agree that your card issuer may carry out card credit, anti-fraud, card validation and other checks and transaction authorisations. Our acceptance of your order is conditional upon your card issuer authorising your payment. Where your card issuer refuses to authorise your payment transaction we can cancel performance of the Contract. We will not disclose to you any reasons given for the refusal of any authorisation by a card issuer.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- 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 the terms implied under section 12 (title and quiet possession), or sections 13 to 15 (description, satisfactory quality, fitness for purpose and samples) of the Sale of Goods Act 1979 in relation to the Products; and for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- How we may use your personal information
Data Protection and your Privacy. We will only use your personal information as set out in our Privacy Policy.
- Our Intellectual Property
- Products are for private, non-commercial use only. You are purchasing physical goods for your domestic and private use only. All copyright, trade mark and other intellectual property rights in and to our website and our Products remains the sole and exclusive property of ROKSANDA (UK) Limited and its licensors. All such rights are reserved.
- You have no right or licence to use or exploit any of our intellectual property rights for any purpose whatsoever, commercial or otherwise.
- Without prejudice to our general rights, we may refuse to accept orders for multiple quantities of an item being shipped to any one customer or delivery address.
- Other important terms
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another 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 need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
- If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this Contract, we can still enforce it later. 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 the 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.
- Which laws apply to this contract and where you may bring legal proceedings. These Terms, all Contracts 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) are governed by and construed in accordance with English law and you and we agree to submit to the exclusive jurisdiction of the English courts. This does not affect your legal statutory rights as a consumer in the country/region in which you are located.
- Language of the Contract. These Terms and the Contract between you and us are in the English language only. If for any reason these terms are translated into any other language, the English language version shall prevail in the event of any conflict or inconsistency.
SCHEDULE
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the Contract)
To:
ADDRESS:
ROKSANDA (UK) LIMITED
QUADRANT HOUSE, THOMAS MORE SQUARE
E1W 1YW
OR
EMAIL: customerservice@roksanda.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]
Ordered on [*]/received on [*]. Order Number [*]
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),