Terms & Conditions
1. INTRODUCTION
This document lays out the conditions governing the use of this website and the purchase of products in the same (hereinafter the "Conditions").
Please read the Conditions carefully before using this website. By using this site or placing an order through this site, you agree to be bound by these Conditions; therefore if you do not agree with all the Conditions, you should cease the use of this site.
These Conditions may be amended. It is your responsibility to read them regularly, because the conditions in force at the time of usage of the site or execution of the Agreement (as defined below) will be the conditions applicable to you.
2. USE OF OUR WEBPAGE
By using this website and placing orders through the same you agree:
1. To use this website only to make inquiries or place orders that are legally valid.
2. Not to place any false or fraudulent order. If we can reasonably determine that an order is false or fraudulent, we will be entitled to cancel the order and report it to the relevant authorities.
3. To provide us with your true email address, mailing address and/or other contact information. You also agree that we may use that information to contact you.
If you do not provide us with all the necessary information, we will not be able to process your order.
By placing an order through this website, you declare to be older than 18 years old and to have legal capacity to enter into agreements.
3. SERVICE AVAILABILITY
The articles that are displayed throughout the website can be sent worldwide (see shipping countries).
4. EXECUTION OF THE AGREEMENT
The information contained in these Conditions and the details contained in this website do not constitute an offer to sell, but an invitation to tender. No agreement will exist between you and us in respect of any product unless and until we accept your order. If your tender is not accepted and a charge has already been made to your account, it will be refunded in full. To place an order, you must follow the online purchasing procedure and click on "Authorise payment". Soon thereafter you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted; since it is an offer you make us to buy one or more products. All orders are subject to our acceptance, which will be notified through an email confirming that the product has been dispatched (the "Shipping Confirmation"). The agreement between you and us for the purchase of a product (the "Agreement") will be formalised only upon our sending the Shipping Confirmation to you.
The Agreement will only refer to those products listed in the Shipping Confirmation. We will not be obliged to supply any ordered product until shipping has been confirmed by means of a Shipping Confirmation.
5. AVAILABILITY OF PRODUCTS
All orders are subject to availability of products. If difficulties arise in respect of the supply of products, or if any particular product is not in stock, we reserve the right to inform you about substitute products with the same or higher quality, which you will be able to order. If you do not want to order any of those substitute products, we will refund any prepaid amount.
6. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove, or modify any material or content thereof. Although we will do our best to always process all orders, exceptional circumstances may require us to refuse processing an order after sending the Order Confirmation, therefore we reserve the right to do so at any time, in our sole discretion.We will not be liable to you or to any third party for removing any product from this website, regardless of whether the product has been sold or not, for removing or modifying any material or web page content, or for refusing to process an order after having sent you the Order Confirmation.
7. SHIPPING AND DELIVERY
We ship to selected European countries with Packlink.es and to the USA with Correos Espanya.
The items will be shipped to the delivery address that the client has indicated when placing the order.
Once the order has been dispatched from our warehouse, an e-mail will be sent to the client notifying him/her/they of the orders dispatch. The order will be sent to the delivery address that the client has stated in the registry form- it is important that the client ensures that address details are correct as these cannot be modified, “Iona Smith Scott” cannot be held liable for lost orders related to an incorrect address or incomplete information entered on an order.
The client will be able to track the progress of their order. The liability of the items of Iona Smith Scott will be transferred to the client once the order has been delivered.
Delivery to Non-EU countries can incure additional custom duties and value added taxes (VAT), which are not included in the price and shipping cost listed on our website. We are not responsible for covering these expenses.
8. DELIVERY FAILURE
If after two attempts delivery of your parcel becomes impossible, your order may be returned or left in a safe place. If you are not going to be in the place of delivery at the convened time, please contact us to agree on another delivery date.
If 21 days after your parcel is available for delivery the parcel has not been delivered for reasons not attributable to us, we will understand that you want to cancel the Agreement and it will therefore be terminated. Following said termination we will refund you the price paid for such products as soon as possible and in any event within a maximum of 30 days from the date in which we deem the Agreement to be terminated. In such case, we will be authorised to charge you the transportation costs arising from the shipping and termination costs.
9. PASSING OF PRODUCT OWNERSHIP AND PASSING OF RISK
You will bear all risks associated with the products from the moment of their delivery. You will acquire the ownership of the products the moment we receive full payment of all amounts payable in respect of them, including shipping costs, or at the time of delivery (as defined in clause 9 above) if delivery takes place at a later time.
10. PRICE AND PAYMENT
The price of each product will be as quoted in our website, except in cases of obvious error. Although we do our best to ensure that all prices listed on the website are accurate, errors may occur. If we find an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option to either reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be deemed as cancelled and you will receive a full refund of the amounts you have prepaid.
We are under no obligation to supply you with any product at the incorrect lower price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unequivocal and could have reasonably been recognised by you as a mispricing.
All prices on this website exclude VAT (except shop in Spain) as well as shipping costs, which will be added to the total payable amount as described in our Shipping Costs Guide. Prices may change at any time but (except as stated above) eventual changes will not affect orders for which we have already sent you a Shipping Confirmation.
Once you have finished shopping, all the items you wish to purchase will be added to your cart and the next step will be processing and paying for your order.
You can pay for your order using Visa and MasterCard cards. In order to minimise the risk of unauthorised access, your credit card data will be encrypted. Once we receive your order, we will hold the price in your credit card account (pre-authorisation) in order to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.
11. RETURN & EXCHANGE POLICY
11.1. The right to cancel an order
Regrettably, we do not offer order cancellation at this time due to the nature of the products being handmade to order.11.2 Return of faulty products
If you think that the item you have received does not comply with the conditions stipulated in the contract, you should get in touch with us providing us with the items’ data as well as the damage that is visible at ionasmithscott@gmail.com.
12. LIABILITY AND DISCLAIMER
Unless otherwise expressly provided in these Conditions, our liability in connection with any product purchased on our website is strictly limited to the purchase price of said product. Notwithstanding the foregoing, our liability will not be excluded or limited in the following cases:
0. Death or personal injury caused by our negligence;
1. Fraud or fraudulent misrepresentation, or
2. In any case in which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability.
Notwithstanding the preceding paragraph and to the extent permitted by law, and unless these Conditions provide otherwise, we will not accept any liability for the following losses, irrespective of their origin:
iii. Loss of income or sales;
iv. Loss of business;
v. Loss of profits or loss of contracts
vi. Loss of anticipated savings;
vii. Loss of data, and
viii. Loss of processing time or working office hours.
This is a free-access website, and due to the possibility of errors in storage and transmission of digital information, we cannot guarantee the accuracy and security of information transmitted or obtained through this website, unless the otherwise established therein.
All product descriptions, information and materials contained in this website are provided “as is” and without warranty of any kind, express or implied.
To the extent permitted by law, we hereby exclude all warranties except for those that cannot be excluded under consumer laws.
The provisions of this clause will not affect your statutory rights as a consumer and user or your right to cancel the Agreement.
13. RE-SALE AND DISTRIBUTION
This shopping channel is restricted to consumers or the final recipients of our products, thus any professional activity of re-sale, agency or distribution of our products is prohibited.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you are to be in writing. By using this site, you agree that most of these communications will be in electronic format. We will either contact you by email or provide you with information by posting notices on this website. For contractual purposes, you hereby agree to use this electronic format for communications and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. NOTICES
In accordance with the provisions of clause 19 above and unless otherwise stated, we may send you notices either by email or to the address provided by you when placing an order.
Notifications will be deemed to have been properly made and received on the moment when post them on our website, 24 hours after having sent an email, or three days after the posting date of any letter. In order to prove that the notification has been served, it will be sufficient to prove, in the case of a letter, that it contained the correct address, that it was properly submitted to the post office or deposited in a post box and, in the case of emails, that it was sent to the email address specified by the addressee.
16. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement is binding for both parties, you and us, and for our corresponding beneficiaries, assignees and successors.
You may not transfer, assign, encumber or dispose in any other manner of an Agreement and any of your rights or obligations arising under said Agreement without our prior consent in writing.
We may transfer, assign, encumber, subcontract or dispose in any other manner of an Agreement and any of our rights or obligations arising under said Agreement, at any time during the term of the Agreement. For avoidance of doubt, such transfers, assignments, encumbrances or other transfers will not affect the rights (if any) you have as a consumer under the law, nor will they cancel, reduce or otherwise limit the warranties, express or implied, that we could have provided.
17. EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in performance of any of our obligations under an Agreement that is caused by events outside our reasonable control ("Force Majeure Event"). Force Majeure Events will include any act, event, failure, omission or accident beyond our reasonable control and including the following:
0. Strikes, lockouts or other industrial actions.
1. Civil commotions, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
2. Fire, explosion, storm, flood, earthquake, land subsidence, epidemics or other natural disaster.
3. Inability to use trains, ships, aircrafts, motorised transports or other means of transportation, either public or private.
4. Inability to use of public or private telecommunications systems.
5. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
6. Strike, failures or accidents of maritime, fluvial or postal transportation, or another type of transportation.
Our obligations arising from the Agreement will be suspended during the period in which the Force Majeure Event goes on, and therefore we will be granted a deadline extension for compliance with said obligations for a period of time equivalent to the duration of the Force Majeure Event. We will take all reasonable action to put an end to the Force Majeure Event or to find a solution that allows us to fulfil our obligations under the Agreement despite the existence of the Force Majeure Event.
18. WAIVER
Under no circumstance our failure to demand your strict compliance with any of your obligations under an Agreement or under this Conditions, or our failure to exercise any of our rights or actions under said Agreement or the Conditions, will constitute a waiver or limitation on such rights or remedies, and it will not exempt you from compliance with such obligations.
No waiver by us to a specific right or action will constitute a waiver to other rights or actions arising from the Agreement or the Conditions.
No waiver by us to any of the present Conditions or to the rights and actions arising from the Agreement will become effective unless it is expressly pronounced a waiver and formalised as such, and a notice in writing is served to you in this respect in accordance with the provisions of Notifications section above.
19. SEVERABILITY
If any of these Conditions or any provision of an Agreement are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in effect without being affected by said declaration.
20. ENTIRE AGREEMENT
The present Conditions and any other document expressly referred to therein constitute the entire agreement between both parties in respect of the subject of the Agreement and supersede any prior agreement, understanding or arrangement between you and us, orally or in writing.
Both parties hereby acknowledge that they have consented to the execution of the Agreement without reliance on any statement or promise made by the other party or which may be inferred from any statement or written document in negotiations between both parties prior to said Agreement, except for that which is explicitly mentioned in these Conditions.
Neither party will have action in respect of any misrepresentation made by the other party, orally or in writing, prior to the date of the Agreement (except in case of fraudulent misrepresentation), the only action that this party will have is an action for breach of contract in accordance with the provisions of these Conditions.
21. OUR RIGHT TO AMEND THESE CONDITIONS
We have the right to adjust and amend these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you make use of this website or at the time you place an order for products, except if we are required by law or a governmental authority to make retroactive changes in these policies, Conditions or Privacy Statement, in which case said amendments will apply to previous orders placed by you.
22. GOVERNING LAW AND JURISDICTION
The use of our website and agreements for purchase of products through this website will be governed by the Spanish law.
Any dispute arising from or related to the use of the website or to said agreements will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect your statutory rights under the current applicable law.
23. COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send us your comments and suggestions via ionasmithscott@gmail.com.
24. PACKLINK.ES & CORREOS ESPANYA TERMS AND CONDITIONS OF CARRIAGE AND CUSTOMS OPERATIONS (“T&C”)
Please refer to carriers website.