TERMS AND CONDITIONS OF SUPPLY
These Terms will apply to any contract between us for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms were most recently updated on 1st of October 2013.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
Muscat London operates as a Sole Trader and is registered at Unit 33 Kingsgate Workshops, 110-116 Kingsgate Road, London NW6 2JG. VAT registration applied for.
USE OF OUR SITE
HOW WE USE YOUR PERSONAL INFORMATION
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 reflect the colour of the Products. Your Products may vary slightly from those images.
Although we have made every effort to be as accurate as possible, because our Products are handmade, they may vary slightly from the images and/or description.
All Products will be in UK standard sizes unless otherwise agreed in advance and in writing. Please refer to sizing chart below.
As a consumer, you may only purchase Products from our site if you are at least 18 years old.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Once your payment has cleared and we have confirmed availability of fabrics to manufacture your Product we will confirm acceptance of your order. The Contract will be concluded at this point.
OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
All our dresses are made to standard UK sizing. They are made-to-order rather than made-to-measure; therefore a standard size will be made. If you are unsure as to your size please cross-reference your measurements with the table below or you can send us your measurements and we can advise the correct size.
Our standard delivery time to make your garment is between 2 to 6 weeks. Once your order has been placed we can confirm an approximate delivery date. More urgent orders are possible. If you have a specific deadline that you need to meet please contact us and we will confirm if this can be reached.
Your order will be fulfilled by the estimated delivery date set out when you purchase a Product, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave us.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges.
We deliver to the UK.
If you wish to order Products for delivery outside the UK, there will be additional delivery charges and your order may be subject to import duties and taxes, which are applied when the delivery reaches that destination. We will confirm the applicable delivery charges once we have received your order but please note that we have no control over import duties and taxes and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
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.
PRICE OF PRODUCTS AND DELIVERY CHARGES
The prices of the Products will be as quoted on our site. We take all reasonable care 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 that we have confirmed.
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. Our delivery charges depend on the weight of the Product ordered and our UK delivery charges are as quoted on our site from time to time.
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 unmistakable 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.
HOW TO PAY
You can only pay for Products using Paypal. However, if you don’t have an account you can still pay using a card.
Payment for the Products and all applicable delivery charges is in advance and we will take payment before starting to make your Products.
RETURNS AND REFUND
As a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of any made-to-measure (including our Bridal collections) or custom-made products or other products made to your specification or clearly personalised.
Your legal right to cancel a Contract starts from the date when the Contract between us is formed. You may then cancel until 7 (seven) working days after the Products are delivered to you, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
To cancel a Contract, please contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org or by sending a letter to Unit 33 Kingsgate Workshops, 110-116 Kingsgate Road, London, NW6 2JG to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.
If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We refund you on the credit card or debit card used by you to pay via Paypal.
If the Products were delivered to you, you must return the Products to us as soon as reasonably practicable. Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you.
You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. Any Products returned must be unworn and in the same state as they were received, including all tags, labels and stickers. If you fail to comply with this obligation, we may have a right of action against you for compensation. In particular:
- Do not remove any tags from the Products until you are sure that you want to keep them;
- Return the Products in or with their original packaging; and
- Do not try items on while wearing perfume or make up as this may stain the Products.
As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
OUR WARRANTY FOR THE PRODUCTS
We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
This warranty does not apply to any defect in the Products arising from:
- Fair wear and tear;
- Willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or
- Any specification provided by you.
This warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- Defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
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 an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
When we refer, in these Terms, to “in writing”, this will include e-mail.
To cancel a Contract in accordance with your legal right to do so you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to Muscat London, Unit 33 Kingsgate Workshops, 110-116 Kingsgate Road, London, NW6 2JG. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Muscat London, Unit 33 Kingsgate Workshops, 110-116 Kingsgate Road, London, NW6 2JG
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty to the recipient of the gift without needing to ask our consent.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warrant, but we and you will not need their consent to cancel or make any changes to these 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 fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
We will not file a copy of the Contract between us.
Thank you for visiting our site.