Terms & Conditions 2017-08-16T15:44:59+00:00

Introduction

The website, found under the URLs www.houseofelliotcollection.com is operated by KJS Retail Limited and references to “we”, “us” and “our” shall be deemed to be references to KJS Retail Limited.

This page, together with our Privacy Policy & Website Acceptable Use Policy, tells you information about us (KJS Retail Limited) and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.

Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

By ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

Changes to these terms

We reserve the right to change these Terms at any time. Updated versions of the Terms will appear on this Site and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of this Site after any such changes constitutes your consent to such changes.

Contract for Sale

The advertising of products on this site is an ‘invitation to treat’. You will indicate by completing the appropriate order form on the site the products that you wish to order. At the same time, you will complete an authorisation for us to recover, through your credit or debit card, payments due to us. This means that your order is an offer, not a contract of sale between you and KJS Retail Limited, so prices and stock availability won’t be contractually confirmed until you receive the ‘confirmation of despatch’ email which is sent out once credit card authorisation has been confirmed and stock levels have been checked. For the avoidance of doubt, the ‘order confirmation’ email that is sent out once you have placed an order is just an acknowledgement of your offer and should not be taken as our acceptance of that offer.

Receipt of Order

KJS Retail Limited must receive payment in full for your order before it can be accepted.  All payment for Products and for the cost of delivery where applicable must be made before the Products are dispatched.

Payment online will be made by credit or debit card or PayPal where this is chosen. We do not accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made.

Once payment has been received and stock is checked, we will send you an email receipt confirming your order. Please keep this receipt for your records.

If your item is out of stock we will inform you on receipt of your order, and give you an estimated delivery date, which may be subject to change due to unforeseen circumstances. If you prefer not to wait, you may cancel your order and obtain a full refund. Please note that all delivery dates given are estimates only, therefore we cannot be held responsible for any loss or inconvenience caused by delays to delivery of out of stock items.

KJS Retail Limited reserves the right to refuse to supply any person for whatever reason.

Our Products

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images, this includes variations in the design of the lace on our products.

Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated may vary from those listed on the website.

As each country’s sizing varies any sizing guides listed on our website are for recommendation purposes only. Please contact us at sales@houseofelliotcollection.com should you have any queries regarding sizing.

The packaging of the Products may vary from that shown on images on our site.

All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available.

Price of Products

The prices of the Products will be as quoted on our site. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

The price of a Product does not include delivery charges.

It is always possible that, despite our reasonable efforts some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

Delivery & Delivery Charges

We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise. We will always dispatch via a tracked, insured service which will require a signature upon receipt. Please note we do not deliver to PO Boxes as orders are dispatched via courier and require a signature.

If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you further delivery costs.

Orders are dispatched within 3 working days of confirmation of order. Delivery times vary between 1 to 3 working days for the United Kingdom and 3-7 working days for International deliveries. This is subject to delays due to unforeseen circumstances.

If your style/size is not in stock we will notify you and advise as to delivery times. These are can be between 4 to 8 weeks depending on demand but no times or dates provided by us are guaranteed.

Please contact us at sales@houseofelliotcollection.com if your order is urgent.

For all confirmed orders we will give you an estimated dispatch date for the Goods but no times or dates provided by us are guaranteed.

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.

You must notify us promptly and in any event within 48 hours of receipt of any Goods if they appear to be damaged. In those circumstances, you must also keep all packaging as this may be required when making a claim.

Delivery charges apply to your Order based on the type of delivery:

England, Wales, Mainland Scotland, Northern Ireland: The standard shipping charge for up to 2 products is £7.50 and increases if the customer orders more, which will then be calculated at time of placing order based on weight & delivery location.

Scottish Highlands and Islands, Republic of Ireland, Isle of Man: The standard shipping charge is £15 and increases if the customer orders more, which will then be calculated at time of placing order based on weight & delivery location.

Mainland Europe (including the Channel Islands): The standard shipping charge is £20 and increases if the customer orders more, which will then be calculated at time of placing order based on weight & delivery location.

United States and Canada: The standard shipping charge is £25 and increases if the customer orders more, which will then be calculated at time of placing order based on weight & delivery location.

Australia & New Zealand: The standard shipping charge is £30 and increases if the customer orders more, which will then be calculated at time of placing order based on weight & delivery location.

Rest of World: The standard shipping charge is £35 and increases if the customer orders more, which will then be calculated at the time of placing order based on weight & delivery location.

We endeavour to delivery to all countries where possible but reserve the right to refuse delivery to certain countries when we cannot find an adequate courier service or the cost significantly exceeds the costs listed above.

Taxes & Duties

Taxes and duties may be applicable depending on your shipping destination and the customer shall be liable for paying all duties & taxes on the shipment. Great News! From March 2016 the USA has raised their tax & duty threshold to $800 which means that for orders under $800 no duty/taxes are payable. 

Please note that we have no control over these charges and we cannot predict their amount. Please contact your local customs office for more information on what these charges may be. Duty Calculator.com is a useful tool to calculate whether any duty will be due.

You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

Cancellation

You will have a right to cancel an order within 14 working days from the date that you receive the Goods. Cancellation must be confirmed to us by notice in writing.

You must take reasonable care of all Goods in your possession and return them to us, appropriately packaged to avoid damage, within 14 days from the cancellation date. We recommend that all goods returned to us are sent with an insured and tracked shipping service. We reserve the right to arrange collection, in which case you will be responsible for collection charges. No refund of any payments made in relation to the goods returned will be made until they are back in our possession.

We will refund the purchase price to you within 30 days of the cancellation notice but we reserve the right to charge a restocking fee and any other costs we incur in connection with the return of the Goods.

In the case of Goods which are made and supplied to your specification or which have been personalised for you, you will not have the right to cancel the Contract.

Returns & Refunds

KJS Retail will refund any Products (unless otherwise stated) minus delivery costs, once we are in receipt of the unworn returned item. Products must be returned within 14 days of delivery for orders within the United Kingdom and within 28 days of delivery for International returns. Please e-mail us at sales@houseofelliotcollection.com to confirm your return and to receive a returns form.

Sale items must be returned within 7 days of delivery. Sample and customised items are non-refundable.

Items must not be worn/used and should be returned in a perfect and unworn condition, without blemish on the fabric, sole or lining. Only try them on in a soft carpeted area, as even wooden floors can cause damage & we are only able to exchange or refund goods in their original, perfect condition.

Items must be returned in the original packaging and the protective outer box as they were received. The shoebox must be in perfect condition and not damaged, as we consider this to be part of the product, please ensure it is returned in the protective plastic cover you received it in.

If an alternative size is required, please contact us to reserve a new pair. These will be sent to you once your original shoes have been received in resalable condition. We offer free exchanges for returns from Mainland England, Wales, Mainland Scotland and Northern Ireland.

If an alternative style is required, please return your purchase as detailed above and repurchase as before.

The cost of return postage and loss of any items returned to us is your responsibility and we, therefore, recommend that you use a delivery service that insures you for the value of the goods. Please note that we cannot be held responsible for any loss of your returned item.

We will refund your item minus postage costs, to your original payment method. You will be notified by email once your exchange or refund has been actioned. Please allow up to 14 working days after we have confirmed receipt of your returned item for your funds to be credited back to your original payment method.

For further information please contact us at sales@houseofelliotcollection.com or on +44 1793 978080.

International Returns

Please contact sales@houseofelliotcollection.com to arrange an international return and we will send you the required instructions on how to do this.

Please send your goods via an insured, tracked service as we cannot be held responsible for any loss of goods. You are responsible for the cost of the return.

NOTE FOR RETURNS OUTSIDE OF THE EUROPEAN UNION 

You must mark your package clearly with the words ‘BRITISH RETURNED GOODS’ on the outside and on any paperwork you fill out with your chosen shipper. All customs paperwork must be affixed to the OUTSIDE of the parcel. This ensures that UK customs authorities do not charge import duty which you will be liable for. Please ensure you follow all instructions for returns on the paperwork we will provide you. If these instructions are not followed the parcel will be returned to you by customs and you will be responsible for any additional postage costs or customs charges incurred.

Risk & Ownership

The risk of loss or damage to Goods passes to you upon delivery.

Ownership in all Goods remains with us until full payment of all amounts due to us has been received from you.

You will be responsible for the safe custody and insurance of all Goods in your possession.

You have no right to re-sell any Goods until payment has been received in full by us.

Errors & Omissions

We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

While every care is taken to ensure that all information on this website is correct, there may still be errors or omissions. If you find an error or omission please let us know by emailing sales@houseofelliotcollection.com and we will correct it as soon as possible after verification.

We apologise for any inconvenience that may be caused, but we cannot always offer the exact described product at the specified price if errors and/or omissions are present. In the event of human error or malfunction in the technology, the prices on the site do not commit us to the sale.

Privacy Policy

We are keen to protect your privacy while shopping online. We will use the information you provide lawfully (in accordance with the Data Protection Act 1998). The information we will collect about you when you place an order includes: Your Name, Address, Phone Number, Email Address. This is to enable us to process your order and keep you informed of the orders progress.

Card information is transmitted over secure SSL encryption and is not stored.

For full details, please view our Privacy Policy in full.

Disclaimer

KJS Retail Limited makes every effort to keep the site up-to-date but cannot guarantee that this site and its contents are completely free of technical errors. By using this site, you acknowledge that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this site. We are also not liable for any damages associated with use of this site however caused. KJS Retail Limited’s total liability for any claim howsoever arising shall not exceed the price of the goods supplied by KJS Retail Limited to the customer, together with any postage costs incurred. KJS Retail Limited shall not be liable for any consequential customer loss whether this arises from a breach of duty in contract or in any other way.

Liability

To the maximum extent permitted by law, KJS Retail Limited makes no representation or warranty of any kind express or implied statutory or otherwise in connection with the Site or our products.

Except to the extent prohibited by law and to the maximum extent permitted by law, KJS Retail Limited will not be liable for any consequential, special or indirect losses suffered or incurred by you arising out of or in connection with the provisions of any matter under these terms and conditions.

Except to the extent prohibited by law and to the maximum extent permitted by law, KJS Retail Limited liability for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the ordered product(s).

The foregoing shall not exclude or limit any liability that may not, by applicable law, be excluded or limited.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site

We will not be liable for any loss or damage you may suffer or incur caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Nothing in these terms and conditions affect your statutory rights as a consumer.

If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.

Your permission to use our site is personal to you and non-transferable. Your use of our site is conditional on your compliance with the rules of conduct set forth in these terms and our Acceptable Use Policy.

Restrictions

There may be specific exclusions relating to individual items or restrictions on certain items depending on the country of import.

We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control which includes, but is not limited to, extreme weather conditions, act of God, terrorism, war, strike or difficulty in obtaining materials and/or labour. In any of these circumstances, we reserve the right to terminate the Contract.

Legal Governance

This website, its contents and any contracts arising out of it are governed by English law. By entering into a contract both parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales. However, if you are a consumer resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer resident of Scotland, you may also bring proceedings in Scotland. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable for these terms and conditions and shall not affect the validity or enforceability of any remaining provisions.

Copyright & Other Rights

All copyright, trade marks and all other intellectual property rights in the website and its contents (including without limitation the website design, text, graphics and all software and source codes as well as the colour scheme and the layout connected with the website) are owned by or licensed to us or otherwise used by us as permitted by law. You may not use this site, or any of its content, to further any commercial purpose whatsoever.

The contents of the site and the site as a whole are intended solely for personal, non-commercial use. You may view the website and print its contents for this purpose only. You may not use, transfer, copy or reproduce any part of the website in any form or by any means except for the sole purpose of viewing its content unless you have the express written permission of KJS Retail Limited.

Company Details

This website is owned and operated by KJS Retail Limited, a company registered in England and Wales under registered number 9381626. The registered office is at 43-45 Devizes Road, Swindon SN1 4BG, UK. Our telephone number is +44 1793 978080.

If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing at the address listed above. In the case of email notices, these should be sent to sales@houseofelliotcollection.com