Terms & Conditions

Updated October 2019

 

This website is owned and operated by Xander Wilds Design. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors access to purchase a variety of handmade and made to order products. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. If you have any queries or complaints regarding our terms and conditions, services or website, you can contact us by email at xanderwildsdesign@gmail.com.

 

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Unless we say otherwise, we use the terms "Xander Wilds Design" "we" and "us" on this Website to refer to Xander Wilds Design throughout the Website terms and conditions, which include our Website Terms, General Terms and Conditions of Sale, Legal Terms and Privacy & Cookie Policy (“Terms and Conditions”).

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1. Conditions

• Nothing in these Terms and Conditions will impede upon the Buyer's statutory rights as a Consumer.

• These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

• Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

• Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

 

2. The Contract between us

When purchasing an item, you have agreed that:

• You are responsible for reading the full item listing before making a commitment to buy it.

• The Price of the Goods are clearly displayed in our website shop, the prices exclude delivery charges.

• The total purchase price, including delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order. 

• You will be entering into a legally binding contract to purchase an item, when you complete the check-out payment process.

• We must have received the full payment for the goods that you have ordered before your order can be accepted and processed. Once payment has been received, we will confirm via email to the email address you provide, that your order has been accepted and is processing. Our acceptance of your order brings into existence a legally binding contract between us.

• You agree that you will not use, sell or supply any product/s purchased from Xander Wilds Design in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.

• The duration of our contract with you will begin when you receive the order dispatch email and with terminate upon the last day of your right to return the product.

 

3.Accurate description of Product & Pricing

The prices we charge for our products are clearly listed on our website shop.

• We endeavour to ensure the content of this website is accurate, in particular that product prices quoted are correct at the time of publishing and that all goods have been accurately described and accompanied with realistic photography that truthfully depicts the product.

• Whilst we endeavour to display the colours of our products accurately, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product.

• We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. We are within our rights to decline orders in which there are errors in the description of the goods or their prices.

• Any descriptions, contents, weights and dimensions provided for the goods are an approximate only.

 

4.Made to Order/Commission work & Sizing

In accordance with the Distance Selling Regulations, Made to Order and Commission order products are not eligible for refund. Made to order/commission items will be clearly labelled as so, in their individual listings in the product description section and it will be your sole responsibility to acknowledge this, no refunds or exchanges will be permitted for these items if the consumer has a change of mind.

 

Sizing:

As the majority of the clothing sold through our on-line shop is handmade and made to order, it is paramount you provide the correct measurements and dress size/age, a guide for taking accurate measurements and comparing them to clothing size/age categories can be found in our Sizings page. We are not liable for any unwearable or ill-fitting garment/s resulting from incorrect size/measurements provided by the customer and we will not offer a refund or exchange.

 

5.Order Processing Time

All made to order and commission products require on average 5-10 working days to be created before being posted. Please keep this in mind when purchasing, if you have a tight deadline, you are welcome to get in contact before placing your order and we can see if we are able to meet it.

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However in particularly busy periods and depending on the complexity of your product/garment you have ordered/commissioned there can be a waiting period of up to 4 weeks for it to be completed and dispatched. Products which will be affected by this wait time will be clearly labeled as so on their item description.

 

All other non-made to order and commission products will be posted within 2 working days of the order confirmation email being sent to the customer.

 

6.Stock availability

All orders are subject to acceptance and availability.

• Our stock is regularly monitored and updated to provide accurate availability in our store.

• However, in the event that the goods you have ordered are not available within a suitable timeframe (maximum within 30 days of purchase), we will contact you by e-mail to inform you and to offer you the option to either wait until the product is available or to cancel your order and a refund will be processed at the earliest opportunity.

 

7.Correcting Order Errors/Cancelling order before dispatch

You are able to amend order errors in your shopping cart, up until the point in which you submit your order. You have a 2-hour grace period from the time you purchased your order to cancel it, you must do so by contacting us by email to confirm your decision.

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8.Acceptance of your order & Our right to decline your order

Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. Prior to despatch of the product/s, we reserve the right to decline your order for any reason, including:

• we have insufficient stock to create and deliver the goods you have ordered in a timely manner

• we do not deliver to your area

• one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

• If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us to your chosen method of payment as soon as possible but in any event within 30 days of your order.

• Acceptance of your order is communicated by us via email (to the address you provide during the checkout process) which confirms the dispatch of the good/s ordered.

 

9.Delivery and Liability & Ownership of Goods

• We use the Royal Mail postal service to deliver our goods around the United Kingdom of England, Scotland, Wales and Northern Ireland. All parcels are insured to reflect the value of it's contents.

• For orders over £65 we offer a complimentary FREE 2nd class signed for service (delivery within 3-4 working days). Upon delivery you will be required to sign for the parcel, otherwise it will be held at your local sorting office until you collect it.

• In addition to our standard (£3.95) & free 2nd class postal services we also offer a Royal Mail 1st class Tracked 24 delivery costing £6.50, we offer this recorded delivery option as it safeguards both us as the sender and you the receiver from any parcels being lost in the postal service.

• Please note that we only offer delivery services within the United Kingdom of England, Scotland, Wales and Northern Ireland. For enquiries outside the UK please contact us directly via email to discuss.

• We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

• All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. In which you assume ownership of the goods you have ordered, and they will be held at your own risk and we will not be liable for their loss or destruction.

• If you require a specific postage service that we don't offer, please get in contact with us before placing your order and we will endeavour to accommodate your needs. Any additional postage costs arising from this situation or similar will be the customers responsibility to cover.

• Goods supplied are not for resale.

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International Shipping:

• In the event that international shipping is arranged, the recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.

• Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you.

 

• Collection In-Store

• We offer an in-store pick up service in the Craft Coop Maidenhead store. You will need to bring a printout of your order confirmation when you collect your order. We’ll be in touch when your order is ready to be collected.

 

10.Delayed & Undelivered Goods & International Shipping

• We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you.

• Where the supply of your product/s or service/s is delayed or prevented by circumstances beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.

• If you do not receive your goods ordered within 10 working days of your parcel’s due date, we will have no responsibility to you unless you notify us of the problem in writing within a reasonable timeframe from date you were notified by email of dispatch of your product/s. If you notify a problem to us under this condition, our only obligation will be:

• To lodge a missing parcel application on your behalf with the Royal Mail.

• You are also able to lodge a claim on your own behalf.

• Claims for loss must be made within 80 calendar days of the date of posting, or no claim will be entertained. 

• If compensation claim is successful, we will reimburse you the full cost of the missing product and postage fees to your original method of payment.

• For further information regarding the compensation process please refer to the Royal Mail’s Website: https://www.royalmail.com/retail-compensation-policy-loss

 

International Shipping Regulations:

• You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. 

• We make no representation and accept no liability in respect of the export or import of the goods you purchase.

 

11.Faulty products & Incorrect products supplied in order

• You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us by email only within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. We may offer you a replacement product and any refunds given by us will be made to your chosen method of payment that you provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return.

• In accordance with your statutory rights, and in addition to the refund policy stated above (section 13), these ensure that the goods you purchase are of satisfactory quality, fit for purpose and as described. Within 30 days of the delivery, you may exercise the right to a refund if the product purchased is not of satisfactory quality, fit for purpose or as described. After the 30-day period, but within six months of the date of delivery and where the product is faulty, you are entitled to a repair or replacement or where that is not possible, or the repair/ replacement does not resolve the fault, a refund. After the 6-month period, it is the customer’s responsibility to prove the product was defective at the time of purchase in order to be eligible for a free repair, replacement or refund.

• It is the customer’s responsibility to cover any the shipment of the product to us and we will cover shipment of the repaired or replaced products back to the customer. If a product is deemed not eligible for fault, we offer a repair service at a rate dependent on a case by case basis.

 

12.Returns: Refund Policy & Your Cancellation Rights

• In accordance with the Distance Selling Regulations, you are legally entitled to cancel your order within fourteen days of receipt of your goods (the following products are not eligible for cancellation: made to order and commissioned items).

• Products should be returned in or with their original packaging along with the original receipt (or gift receipt).

• You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract and once we’ve been notified we will offer to exchange or a refund based upon the original payment method.

• You shall send back any goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of from the contract to us. The deadline is met if you send back any goods before the period of 14 days has expired.

• If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you.

• You will have responsibility of returning any goods to us to our contact address (at the bottom of the page) at your own cost and risk.

• Once you have notified us that you are cancelling your contract, any sum debited to us from your chosen method of payment will be re-credited to your account as soon as possible after the products have been retrieved and in any event within 30 days of retrieving your order, providing the goods in question being returned by you are received by us in the condition they were in when delivered to you.

• If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

• In the event an item when returned is in an unacceptable condition, you will be re-credited minus a penalty amounting to the costs required to replace or repair the faulty or unsatisfactory goods.

 

13.Ownership of Intellectual Property: Copyrights & Logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Xander Wilds Design. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Reproduction is prohibited other than in accordance with the copyright notice. All trademarks featured in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

 

14.Site Security

You can have peace of mind in the fact that our website is secure. All communications between browser and web sever are RSA encrypted and have a SSL Certificate. SSL Certificates secure all of your data as it is passed from your browser to the website's server.

 

15.Payment Security

• All payments on this site are processed through PayPal, who provide state of the art data security. They monitor every transaction 24/7 to prevent fraud, email phishing and identity theft. Every transaction is heavily guarded behind their advanced encryption. For full details please refer to their website: https://www.paypal.com/uk/webapps/mpp/paypal-safety-and-security

• This also applies to any purchases that are made in person through the PayPalhere card reader.

 

16.Device Safety & Third-Party Websites

• At Xander Wilds Design we take reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Xander Wilds Design shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

• To enhance and streamline your experience on our website, we may include links to third-party websites. These links are provided for your convenience and do not signify that we endorse or vet the website/s nor do we have any control over their contents.

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales. 

• Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

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17.Indemnification

You agree to indemnify and hold Xander Wilds Design blameless from any demands, loss, liability, claims or expenses (including legal fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

18.Limitation of Liability

To the maximum extent permitted by applicable law, Xander Wilds Design assumes no liability or responsibility for any:

• Errors, mistakes, or inaccuracies of content; your use of any information or materials provided on this website is entirely at your own risk, for which we shall not be liable and it is your responsibility to ensure that any products, services or information meet your specific requirements.

• Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.

• We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions of Sale. The Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

• We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

• We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of machinery or shortage, unavailability or delay in obtaining the raw materials required to produce the product. The Seller shall be entitled to a reasonable extension of its obligations.

• You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

• Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

19.Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

20.Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time by emailing us.

 

21.Right to change and modify these terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

22.Law and Language

This website, these terms and any contract brought into being as a result of usage of this website shall be considered as a contract made in England and shall be governed by and construed in accordance with the provisions of English Law. All contracts are conducted in English.

 

​23.Currency

Purchases will be made in Pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.

 

24.Invalidity & Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

 

25.Privacy

You acknowledge and agree to be bound by the terms of our privacy policy. For more information please read through our privacy policy which is available on our site.

 

27.Contact

If you have any questions or queries regarding our terms and conditions, please contact us at our email address: xanderwildsdesign@gmail.com and we will respond to you within 48 hours.

 

Our Terms and Conditions was last reviewed 30/10/2019 and may be subject to future review and change.