TERMS AND CONDITIONS

Terms and Conditions of Business – Website Sales

These are the terms on which we do business. They do not affect your statutory rights. They are designed to set out clearly our responsibilities and your rights.

1. A contract is formed between us when (and not before) we notify you by e-mail that your order has been accepted. Your order will not be accepted until we receive authorisation of your payment. We will not accept orders from you if you are under the age of 18 years. You may not cancel or vary your order once it has been accepted.

2. All prices are quoted in sterling and are inclusive of VAT (as may be prescribed by law from time to time), unless otherwise specified.

3. Any offers in operation at the time of order will be reflected on your order confirmation. We reserve the right to withdraw or change any offer at any time with immediate effect.

4. Postage and packing prices will be charged in addition to the price of any goods, and are stated individually on the website.

5. The ordered goods will be delivered to the address entered by you on the on-line order form. Goods will normally be despatched within quoted guidelines. However, time for delivery shall not be of the essence and we shall not be liable for any delay in delivery. If we are not able to despatch any ordered goods within the quoted guidelines, we shall promptly notify you and suggest a revised despatch date and if this is not acceptable to you, we shall refund in full your payment in respect of such goods. For the avoidance of doubt other goods ordered by you will be despatched in the normal way.

6. Due to current transport regulations we are not permitted to send more than 4 perfume bottles via post in one package. For orders where more than 4 perfume bottles are ordered we will split the order into permitted quantities. You will only be charged for one amount of postage as indicated on your online order.

7. Due to current transport regulations we are not permitted to send perfume overseas via post as it is a flammable liquid. We can however send any non-flammable items including perfume cards and perfume sachets.

8. For overseas non flammable items please contact kathryn@bykathryn.ltd to get a quote for delivery.

9. For bulk perfume orders either UK or internationally please contact kathryn@bykathryn.ltd to discuss your requirements further.

10. Risk of damage to, or loss of, ordered goods shall pass to you at the time of delivery.

11. You are responsible for ensuring that the goods will be used in the correct manner.

12. We warrant that, at the time of delivery, the ordered goods will, subject as hereinafter provided, correspond with the description on this website, will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). There may, however, be minor variations between the goods as shown or described on our website and those despatched to you (but so that the goods despatched will always be of a comparable or superior quality) in which case you shall be entitled to reject such goods and receive a full refund. Where goods ordered are not available we will notify you by e-mail that your order has not been accepted for that reason and your payment will not be taken.

13. Any claim by you that any ordered goods fail to correspond with the description on this website or that they are defective or not of satisfactory quality, must be notified to us by e-mail or letter within a reasonable time from the date of delivery. If delivery is not refused, or you do not notify us accordingly, we shall have no liability for such failure or defect unless the goods were not of satisfactory quality at the time of delivery.

14. If you make a valid claim under paragraph 13, we shall replace the goods in question free of charge or, at your option, refund in full your payment in respect of such goods. Such replacement or refund is conditional upon the goods in question having been returned to us unused and undamaged within a reasonable time.

15. Except in the case of death or personal injury caused by our negligence, our liability to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under these terms, for any special, indirect or consequential damage is hereby limited and excluded to the fullest extent permitted by law.

16. Cancellations and Returns

16.1   If the Customer is a consumer and would like to end a contract for a reason set out at (a) and (b) below, the contract will end immediately   and we will refund the Customer in full for any products which have not been provided. The reasons are:

  • (a) we have told the Customer about an error in the price or description of the product ordered and the Customer does not wish to proceed;
  • (b) the Customer has a legal right to end the contract because of something we have done wrong.

16.2 .If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013.

16.3. Items can only be returned for a refund if they are unopened, unused and in a re-saleable condition with all tamper-resistant seals, packaging and any cellophane intact.

16.4. Unless the contract is terminated for a reason described in clause 16.1, you will be required to arrange and pay for the cost of returning them to us. Please ensure you obtain a proof of postage when you do so. Customers wishing to return perfume should have regard to any labelling and packaging guidelines produced by Royal Mail or any other courier that is used.

16.5. If you require a refund we will refund the price paid by you for the products (including the initial standard delivery charge, but not the additional cost of any premium delivery option that was chosen) within 14 working days of receiving your returned products, provided that you have returned the products to us within 14 working days of delivery to you or your notifying us of cancellation.

16.6. Cancellations and returns can be arranged with the By Kathryn sales line on 07714 701 714 or via email to kathryn@bykathryn.ltd or via the online form.

16.7. Please note that if you made your purchase through a partnered retail location, such as a store, then any return will need to be made in accordance with the returns/cancellation policy of the relevant retailer and should not be returned directly to us.

17. You agree not to offer ordered goods for resale either within or outside the UK and you shall indemnify us in full for all losses, damages, costs and expenses which we may suffer or incur if you breach this term.

18. Any communication between us shall be by e-mail or second class post to our current e-mail or postal address (as given on this website at the time of such communication) or the e-mail or postal address given in your order form (or any new e-mail or postal address which you may have notified to us).

19. We reserve the right to vary these terms at any time but, in respect of any ordered goods, the terms which apply shall be those which you accepted when you placed your order.

20. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

21. No waiver by us of an breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

22. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

23. The Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and conditions are subject to the exclusive jurisdiction of the English courts.

DELIVERY INFORMATION

Delivery is free to UK addresses on orders over £25.

Default postage options via Royal Mail: Second Class Signed For @ £3.95 P&P per UK address for small parcels. Letterbox Friendly tariff @ £1.00 P&P per UK address for items that can be sent as letters.

Alternatively First Class Signed For @ £4.95 P&P per UK address can be selected at checkout.

These charges may vary from time to time and we will update the website accordingly

Due to current transport regulations we are not permitted to send more than 4 perfume bottles via post in one package. For orders where more than 4 perfume bottles are ordered we will split the order into permitted quantities. You will only be charged for one amount of postage as indicated on your online order.

Overseas charges: We are unable to send small orders of liquid perfume overseas due to legislation around transporting perfume by airmail but we can ship our other products internationally. Please contact kathryn@bykathryn.ltd with your delivery details and we can provide you with a quote.

For bulk orders of perfume, both UK and overseas please contact kathryn@bykathryn.ltd to discuss costs and timescales.

We accept all major credit cards, and process payments through PayPal and Stripe, you do not need a PayPal account to pay, and no financial information is shared with us.

Goods are normally despatched the same day for orders received before 12 noon. For orders received after 12 noon they will be despatched the following day.  At busy periods like Christmas, please allow 72 hours for despatch.