This page tells the customer (“you”) information about Tessa Packard London Ltd (“we/our/us”) and the legal terms and conditions on which we sell any of the Goods listed on our website www.tessapackard.com (“our website”) through our website.
These Terms & Conditions (these “Terms”) will apply to any contract between us for the sale of our goods to you (“Goods”) where such Goods are sold on and through our website. These Terms should be read carefully before ordering or buying any Goods from us. Please note that before placing an order with us, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our website.
♦ GENERAL ♦
This website is owned by us. We reserve the right to amend these Terms from time to time.
The Terms in force at the time of order and purchase will apply to the Contract between us and you. We strongly recommend that you check these Terms prior to each purchase.
These Terms, and any contract between us and you, are only in the English language.
♦ INFORMATION ABOUT US ♦
We own and operate the website www.tessapackard.com. We are a limited company, with the registered address: Tessa Packard London Ltd, 13 Chester Street, London, SW1X7BB. To contact us please see our Contact page
♦ GOODS ♦
The images on our website are for illustrative purposes only. The Goods shown on our website are not shown to actual size, nor are their images binding as to detail. Although we make every effort to display the colours of our Goods accurately, we cannot guarantee the accuracy of our web users’ computer displays.
The packaging of the Goods may vary from that shown from images on our site.
All Goods shown on our website are subject to availability. We will make every effort to clearly note on our website when Goods are no longer in stock or sold out. In the event that you purchase Goods no longer in stock before said notification has been updated on the website, we will inform you by e-mail as quickly as possible and will not process the order made by you.
If you are a consumer you may only purchase Goods from our website if you are over 18 years of age.
♦ ORDER PROCESS ♦
An order is submitted online by activating the button headed ‘pay now’ (“the Order”). After an order is submitted online using our website you will receive an e-mail from us acknowledging the receipt of the Order (please note that this e-mail does not mean that the Order has been accepted).
We will then confirm acceptance of your Order by further e-mail (“Dispatch Confirmation”). This e-mail will also confirm that the purchased Goods have been dispatched as well as stating an approximate delivery date for the Order. The contract of sale between us and you will only come into effect when you receive this Dispatch Confirmation (“the Contract”).
If we are unable to supply you with the nominated Good(s), for example because those Goods are no longer available or because of an error in the price on our site, we will inform you by e-mail and will not process the Order. If you have already paid for the ordered Good(s) we will refund you the full amount of the Order as quickly as possible.
♦ PAYMENT ♦
Payment for online purchases shall be due and taken from you on the day of Order. Payment for the Goods and all applicable delivery charges must be received in advance of dispatch/shipment to you.
Goods can be paid for online using the following methods:
- Credit Card
- Debit Card
We accept the following cards:
In the event that payment for an Order is not received or you are not fully authorised or entitled to use the nominated credit/debit card, or such card has insufficient funds to cover the price of the Good(s) selected, we may contact you allowing you to make payment in full within a limited time period by the same means or another. Alternatively, we may at our sole discretion cancel the Order. In this case, we will return any monies received from you within 30 calendar days of said Order being placed. In any event, you agree that we have no liabilities to you for any loss, damage, costs, expenses or other claims that you may have or incur in such instance.
Should the Contract be fulfilled in separate instalments, part payments for each instalment shall be made as if the same constituted a separate Contract.
For certain Goods, primarily those with a price of £1,500 or more, we reserve the right to process and agree Orders in a different way. You may for instance be directed to a ‘Make an Enquiry’ link so that we can agree in more detail how the Goods will be delivered. Also so that you have an opportunity to arrange with us a viewing/testing should you wish to see or try on the item(s) prior to purchase. In any event, we would usually be in contact with you personally (by email or phone) vis-à-vis such Goods and would then sign a separate contract. If so, payment and delivery would be arranged offline rather than via our website, and the terms of the separate contract (our standard, offline, order contract) would apply to the exclusion of any others (including these website Terms). If no such separate contract is signed and your Order is processed through (and payment is made via) our website, these Terms shall continue to apply.
♦ POSSESSION ♦
You own the Good(s) once we have received payment for the Good(s) and all applicable delivery and/or shipping charges in full. All risk shall pass to you upon delivery or collection of the Good(s).
♦ PACKAGING & DELIVERY ♦
The packaging of purchased Goods shall be at our sole discretion and we shall have the right to pack our Goods in such manner and with such materials and in such quantities as we see fit. If you would like the Goods to be packaged in a certain way, you should send us detailed packaging instructions prior to payment, which we may agree to use or not use at our sole discretion. The Contract shall be unaffected should we elect to use alternative packaging.
Delivery will be made to the address nominated by you and specified in the Dispatch Confirmation. We reserve the right to restrict the delivery of Goods to certain areas or countries. Delivery will be completed when the purchased Good(s) reach the specified address. All Goods must be signed for upon delivery. We tend to use Royal Mail but from time to time may use an alternative courier (in either case, a “Courier”). If there is no one present at the specified address upon delivery, the Courier will leave details at the premises instructing you on how you may obtain the parcel at a later date. Goods will be your responsibility upon completion of delivery.
All parcels must be opened in the presence of the Courier immediately upon receipt of the same from the Courier, to verify that the Goods are contained in the parcel and are undamaged. You acknowledge that if you fail to do this and subsequently find the Goods have been stolen from the parcel (or otherwise not contained therein) or have been damaged during delivery, we may not be able to claim against the Courier or against our insurers. Accordingly, if you do fail to this, you agree that you will be solely liable for any such loss or damage and shall waive, release and indemnify us from and against any claims relating thereto, to the fullest extent permitted by applicable law.
We aim to fulfil every Order by the estimated delivery date set out in each Dispatch Confirmation, and in any case, within 30 calendar days of your Order. If we are unable to deliver the Goods to you within 30 days of the Dispatch Confirmation, we will notify you of this in writing and (subject to the terms below re. a Force Majeure Event) give you the option to cancel the Order (“Cancellation Notification”). Any payment made by you for the price of the Goods and applicable delivery charges will be refunded as soon as reasonably possible, and in any case within 30 calendar days from this Cancellation Notification. If we are unable to meet the delivery date because of a Force Majeure Event (see clause below), we will contact you as quickly as reasonably possible with a revised estimated delivery date.
It is your responsibility to notify us if the purchased Goods have not been received within 30 calendar days from receipt of the Dispatch Confirmation. If no notification is made you shall be deemed to have received the Goods.
Collection or arranged collection of purchased goods from us – either in person or by a nominated carrier or agent – is at our sole discretion. Queries regarding collections in person should be directed in writing to [email protected] and submitted prior to the Order or purchase of any Goods.
We ask that you note there may be restrictions on some Goods for certain international delivery destinations. If Goods are ordered from our website for delivery outside the UK, purchased Goods may be subject to import duties and taxes which are applied when the Goods reach their intended international destination. We have no control over these charges and cannot predict their amount. Furthermore, you will be responsible for payment of any such import duties and taxes. We suggest that you contact your local customs office for further information before placing any international orders. You must comply with all applicable laws and regulations of the country for which the purchased Goods are destined. We will not be liable or responsible should you not abide by said laws, and you shall indemnify us against any claims relating thereto.
As above, we reserve the right to refuse delivery of Goods that have a value of £1,500 or more. Should you wish to make an enquiry and/or arrange a viewing and/or order such Goods please first make contact with us to discuss and arrange a viewing and to discuss and arrange for collection or specific delivery and insurance options.
♦ PRICE ♦
Prices of all Goods shall be as quoted on our website from time to time and shall be subject to variation at our sole discretion at any time without prior notice. Whilst prices for our Goods may change from time to time, changes will not affect any Order already confirmed by a Dispatch Confirmation.
The price of Goods may not include the cost of any delivery or shipping charges or import fees, or (if applicable) any value added taxes or other taxes that may be levied on the price of the Goods. If you wish to insure the Goods independently with your nominated insurer, the arrangement and cost of this shall be borne by you. Any standard, estimated delivery charges quoted on our website are inclusive of standard Royal Mail insurance cover, but these are not designed to be fixed and are subject to change.
We use our best efforts to ensure that the prices of the Goods are correct at the time when the relevant information was entered onto the system. However, our website does contain a large number of Goods, and it is always possible that, despite our best efforts, Goods on the website may be ordered at an incorrect price. In such an instance the following procedure shall be carried out:
a) Where the correct price of the Goods is less than the price stated on our website, we will charge you the lower amount when processing the order.
b) If the correct price of the Goods is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and will give you the option of continuing to purchase the Goods at the correct, higher price, or cancelling the Order. We will not process the Order until we have your further instructions. If we are unable to contact you using the contact details provided by you at the time of Order, we will treat the Order as cancelled and notify you of this in writing.
Where you request Goods in a larger or smaller size than is shown as available on our website, or where items are custom works or any other type of special commission or order, an additional amount may be payable and will in any event be subject to our separate agreement. In such a situation, an enquiry must be made in writing to [email protected] with full details of your request, whereby a cost estimate for the Goods in question will be produced by us. If agreed, a separate (offline) contract would then be signed.
♦ FAULTY OR DEFECTIVE GOODS ♦
If you should find the ordered Goods to be faulty or defective (subject to the terms above under the ‘Packaging and Delivery’ sub-header), you must contact us by e-mail ([email protected]) within 7 working days of receipt of said Goods and notify us of any apparent fault or defect. You should not return such Goods unless and until you receive our prior written agreement. If we do request return of the Goods, you should do so promptly – at our option by either (i) arranging for us to collect them or (ii) by returning them in accordance with the Returns Policy below.
Subject to the above, any Goods returned which we are satisfied were supplied with faults or defects shall either be repaired or replaced free of charge or, at our sole discretion, we shall refund to you the price of such defective Goods, but we shall have no further liability to you to the fullest extent permitted by law.
Upon our receipt from you of the faulty or defective Goods, we will (once satisfied of the faulty condition of the Goods) notify you if we are able and willing to repair or replace such Goods. If we notify you that we are and if you notify us promptly that you would like us to repair or replace the Goods, we will do so within a reasonable timeframe and deliver the repaired and replacement Goods in accordance with these Terms. If you do ask us to repair or replace the Goods, we will have no further liability to you for the original faulty or defective Goods to the fullest extent permitted by law and we may retain your purchase monies, subject that if the repaired or replacement Goods are themselves faulty or defective, you shall have the same rights as set forth herein in respect of refunds etc.
If we notify you that for whatever reason the Goods cannot be repaired or replaced or if we fail to repair or replace the Goods within a reasonable timeframe or if you notify us that you would like to be refunded rather than have the Goods repaired or replaced, you may cancel the Contract by sending a notification email to [email protected] (“Cancellation Notification”). Cancellation is effective from the date you send the Cancellation Notification to us (we strongly advise you to keep a copy of your Cancellation Notification for your own records). Upon receipt of your Cancellation Notification, we will refund in full the cost of the Goods (provided we are satisfied of the faulty condition of the Goods and provided we are satisfied that the faulty condition was present upon delivery) and any applicable and reasonable return delivery costs incurred. Subject to the foregoing, we will process the refund due as quickly as possible, and, in any case, within 30 calendar days from the date of Cancellation Notification.
In the case of Goods damaged whilst in the care of the postal service(s) you must additionally notify the Courier of such damage. You must also comply with the Courier’s rules and regulations so as, when appropriate, to enable us to make a claim against the Courier in respect of any damage or loss of goods in transit under their control.
♦ MIS-DESCRIBED GOODS OR WRONG DELIVERY ♦
If we deliver any Goods that materially fail to conform with their corresponding description in the Order (e.g. if we deliver the wrong Goods) or if we deliver the wrong quantity, you must contact us by e-mail ([email protected]) within 7 working days of receipt of said Goods and notify us of the mistake.
If we have delivered less than the ordered quantity of Goods, we shall promptly deliver the shortfall in accordance with these Terms. Upon our request, you must notify the Courier of such shortfall and comply with the Courier’s rules and regulations so as, when appropriate, to enable us to make a claim against the Courier in respect of any loss of goods in transit under their control.
If we have delivered more than the ordered quantity of Goods, you shall return the excess quantity promptly – at our option by either (i) arranging for us to collect them or (ii) by returning them in accordance with the Returns Policy below. In the case of (ii) we shall refund you your reasonable delivery costs. You shall be responsible for taking reasonable care of the Goods until you return them to us.
If we deliver the wrong or mis-described Goods, you must return the Goods to us – at our option by either (i) arranging for us to collect them or (ii) by returning them in accordance with the Returns Policy below within 7 working days of our request. In the case of (ii) we shall refund you your reasonable delivery costs. You shall be responsible for taking reasonable care of the Goods until you return them to us. Upon our receipt from you of the erroneous Goods, we will (once satisfied of the mis-description) notify you if we are able and willing to substitute such Goods with ‘correct’ versions. If we notify you that we are and if you notify us promptly that you would like us to replace the Goods, we will do so within a reasonable timeframe and deliver the replacement Goods in accordance with these Terms. If you do ask us to replace the Goods, we will have no further liability to you for the original erroneous Goods to the fullest extent permitted by law and we may retain your purchase monies, subject that if the replacement Goods are themselves mis-described or faulty, you shall have the same rights as set forth herein in respect of refunds etc.
If we notify you that for whatever reason the Goods cannot be replaced or if we fail to replace the Goods within a reasonable timeframe or if you notify us that you would like to be refunded rather than have the Goods replaced, you may cancel the Contract by sending us a Cancellation Notification. Upon receipt of your Cancellation Notification, we will refund in full the cost of the Goods and any applicable return delivery costs incurred. We will process the refund due as quickly as possible, and, in any case, within 30 calendar days from the date of Cancellation Notification.
♦ GENERAL ♦
Nothing in these Terms shall affect your legal rights and remedies. If you are unsure on these you should contact your local trading standards office or Citizens’ Advice Bureau.
♦ CANCELLATION OTHER THAN FOR FAULTY GOODS ♦
As a consumer, you have the legal right to cancel the Contract, under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, during the period starting from the date on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Goods and ending 14 (fourteen) calendar days thereafter (Cancellation Period”). Where different Goods within an Order are delivered at different times the Cancellation Period will run from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Good. This means that if, during the Cancellation Period, you should change your mind or for any other reason decide that you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund in accordance with the provisions set out below.
However, this cancellation right does not apply in the case of the following Goods, unless they are deemed to be faulty in which case they should be returned in accordance with the provisions above:
a) any made-to-measure, personalised or custom made Goods;
b) Goods which are sealed and would not be suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery (such as earrings); or
c) any other items which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g. letter sent by post, fax or email) during the Cancellation Period. We include a link to a model cancellation form here which you may use for this purpose. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay. Cancellation is effective from the date we are notified of your decision to cancel, provided such date falls during the Cancellation Period.
Cancellation is effective from the date we are notified of your decision to cancel, provided such date falls during the Cancellation Period.
If you cancel the Contract pursuant to the above and before we have despatched the Goods (but after you have made any payment in advance for the Goods), you will receive a full refund of the price paid for the cancelled Goods, together with the costs of delivery provided you selected the least expensive type of standard delivery offered by us.
If you cancel the Contract pursuant to the above and we have already despatched your Goods to you, we will unfortunately not be able to cancel your Order until it is delivered. In this case, you must arrange for the safe return of the Goods to us in accordance with the Returns Policy below, the direct cost of which is to be borne by you, failing which we will recover the Goods, the cost of which will be deducted from any refund due to you or at our option charged to you separately. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
Subject to the above, you will receive a full refund of the price paid for the cancelled Goods (less any charge made in connection with recovery of the goods) including the costs of standard delivery.
We will process any refunds due pursuant to the above as quickly as possible, and, in any case, within 14 days from the date on which we receive the Goods back or 14 days from the date on which you supply us with documentary evidence of having returned the goods, whichever is earlier. We may withhold reimbursement until we receive the Goods or such evidence of their return.
We will make the reimbursement using the same means of payment as you used for your Order, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. .
We reserve the right to cancel your Order (and/or the Contract) before the Goods are delivered if:
a) one or more of the Goods ordered was listed at an incorrect price due to a typographical error in the pricing information on our website; or
b) the Goods ordered are out of stock or otherwise unavailable; or
c) a Force Majeure Event occurs.
We will promptly notify you by email if we cancel. If we do so have to cancel an Order or Contract and you have made any payment in advance for Goods that have not been delivered to you, we will, in our discretion, either (i) offer alternative replacement Goods or (ii) refund any amounts paid as soon as possible and in any event within 30 days of your payment. If you agree to receive replacement Goods (to be delivered subject to these Terms) or if we refund you amounts paid, we shall have no further liability and shall not be obliged to offer any additional compensation for disappointment suffered or for any loss, damage, costs and expenses that you may incur, to the fullest extent permitted by law.
♦ RETURNS POLICY REGARDING THE ABOVE, OR FOR FAULTY GOODS ♦
If the Goods have already been dispatched and/or delivered to you, you have the legal responsibility to keep the Goods safely in your possession and to take reasonable care of the Goods until returned to us. Where, pursuant to these Terms, you are required to return any Goods, you must:
a) Return the Goods to us as soon as reasonably practical, and in any case, within 14 days from the date on which you communicate your cancellation from the Contract to us (or, as applicable, from the date of our request), a return address will be supplied upon request.
b) Complete all required areas of the Returns Form provided with the original packaging
c) Return Goods to us by registered mail. We strongly suggest that you insure the package for the full amount of the invoice and shipping charges. We will not be responsible for items lost or damaged during return shipment and we may retain your purchase monies should any items not be returned to us in the condition in which you received them.
d) Securely pack all Goods inside a plain, cardboard mailing box (obtainable at the Post Office) together with the Returns Form and all original packaging material
e) Pay all shipping charges, delivery costs and custom fees relating to the return of the Goods. We will only refund such charges if the Goods are being returned because they are faulty, defective, mis-described or otherwise in breach of these Terms or any law.
Returns are also subject to the following rules:
f) The Goods must be returned in the same condition as they were sent, unworn, unaltered and undamaged and in the same packaging as delivered. Damaged Goods due to your negligence will not be refunded and we reserve the right to set-off the cost of any damage against sums that may be owed to you.
♦ PROMOTIONAL SAMPLES ♦
Product samples lent to you or any third party for sale approval, promotional material, editorial use, photography or any other reason will be charged for if not returned in perfect condition. Samples must be returned to us within 7 calendar days from the day of receipt unless otherwise agreed in writing by us.
♦ INTELLECTUAL PROPERTY ♦
All copyright, design rights and all other intellectual property rights in the Goods are and shall remain our sole and exclusive property. You shall have no rights under the Contract (or otherwise) in respect of such intellectual property rights but shall be free to use and enjoy the Goods in accordance with these Terms.
You shall indemnify us against all damages, losses, costs, claims and expenses incurred or sustained by us arising out of any breach by you of this clause.
♦ LIABILITY ♦
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 sell Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes (nor to copy or create any derivative works of the Goods without our signed written permission), and agree that we shall 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:
a) Death or personal injury caused by negligence
b) Fraud or fraudulent misrepresentation
c) Any breach of the terms implied by Section 12, 13 and 15 of the Sale of Goods Act 1979
d) Defective Goods under the Consumer Protection Act 1987
To the fullest extent of the law, our liability for any breach or aggregate liability for any breach or series of breaches under or in connection with these Terms shall not exceed the value of the relevant Order placed by you.
♦ FORCE MAJEURE ♦
We will not be in breach of the Contract as a result of any Force Majeure Event. We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under the Contract that is caused by an event outside our reasonable control (“Force Majeure Event”), including, but without limitation:
- Strikes, pandemics, lock-outs or other industrial action by third parties
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
- Failure of public or private telecommunication networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
- Accident, illness or death
If a Force Majeure Event takes place that affects the performance of our obligations under the Contract, we will contact you as soon as possible and may elect at our absolute discretion either:-
a) To terminate the Contract; or
b) To proceed to perform or continue performance under the Contract within a reasonable time after the termination of such unforeseen events or circumstances. Where the Force Majeure Event affects our delivery of Goods to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
In the event that we choose to proceed or continue performance under the Contract you shall accept the Goods as are delivered to you notwithstanding any delay.
We shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Goods (including any delay in supplying the Goods) or their use by you.
♦ COMMUNICATION ♦
If we need to communicate with you for any reason we will do so by e-mail or telephone using the details provided by you during the Sign In or Order Process.
♦ WEBSITE USE ♦
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
♦ OTHER IMPORTANT T&Cs ♦
We may transfer our rights and obligations under the 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 Goods as a gift, you may transfer the benefit of our warranty to the recipient of the gift without needing to ask our consent.
Each of the paragraphs in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will continue in full force and effect.
Should we provide any information in relation to Goods supplied to us by a third party, we do not give any warranty or guarantee as to its accuracy or otherwise and shall have no liability to you for any losses arising as a result thereof.
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 we delay in enforcing our rights against you, 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 to you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by English law. This means the Contract for the purchase of Goods from us, and any dispute or claim arising out of or in connection with it, will be governed by English law. We both agree that the courts of England and Wales will have non-exclusive jurisdiction.
♦ ENQUIRIES & COMPLAINTS ♦
Please email us at: [email protected] Please include a contact telephone number in your correspondence.
The Terms in force at the time of order and purchase will apply to the Contract between us and you. We strongly recommend that you check these Terms prior to each purchase.