TERMS AND CONDITIONS
I DEFINITIONS
1. "Buyer" shall mean the party or person that buys Goods;
2. “Contract Price” shall mean the value of the order for Goods to be paid by the Buyer;
3. "Goods" shall mean the items to be supplied to the Buyer by the Seller;
4. "Intellectual Property" shall mean all patents, registered and unregistered designs, images, copyright, logos, trade marks, service marks and all other forms of intellectual property wherever in the world enforceable;
5. "Seller" shall mean Indigo Shore.
II. GENERAL
1. These Terms and Conditions shall apply to sales of Goods by Indigo Shore to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties. This shall not affect nor override the Buyer’s statutory rights.
2. 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.
3. Any promotional offers by Indigo Shore, including but not limited to, free delivery, gift packaging offers and introductory price offers may be revoked at any time or date of Indigo Shore's choosing. For the avoidance of doubt, the Buyer will receive any published offer that is in place at the time and date of their purchase.
III. PRICE AND PAYMENT
1. The Contract Price shall be the total cost of the Goods purchased by the Buyer. The Contract Price is inclusive of VAT (applicable in the UK). For purchases made by Buyers outside of the UK, it is the Buyer's responsibility to pay any domestic taxes or duties applied by their country of residence in respect of their purchase and the delivery thereof.
2. For purchases made by Buyers outside of the UK, the Contract Price shall be payable in GBP£ and the Buyer shall be responsible for paying any additional currency conversion fees and/or processing fees levied by the banks and financial institutions that carry out the transaction.
3. Indigo Shore reserves the right to amend and/or charge delivery costs at its discretion.
4. If payment of the Contract Price or any part thereof is not made by the due date, Indigo Shore shall be entitled to refuse to make delivery of any Goods without incurring any liability whatsoever to the Buyer for non-delivery or any delay in delivery.
IV. SHIPPING AND DELIVERY
1. Goods shall be shipped to the Buyer within three working days of receipt of payment by Indigo Shore for such Goods unless the item ordered needs to be specially made or if it is a custom order, in which case shipment may take up to10 working days.
2. Delivery of the Goods shall take place at the address specified by the Buyer, which may include a home address or a place of work, but may not include a PO Box address. Goods shall be delivered by Royal Mail. This may or may not include the use of trackable postal services. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. It is the Buyer's responsibility to collect Goods that are returned to a Royal Mail Depot due to the Buyer not being available at the time of delivery. Indigo Shore shall not be obliged to offer a refund.
3. The shipping time shall be dependant upon the country in which delivery is being made and Royal Mail's delivery schedules.
4. If Indigo Shore is unable to deliver the Goods because of actions or circumstances outside of its control, the Buyer shall be notified by email or telephone as soon as is practicable and a full refund shall be offered to the Buyer.
V. RISK
1. Risk in the Goods remain with Indigo Shore until such time they are delivered to the Buyer, upon which time risk in the Goods shall pass to the Buyer.
VI. RETURNS AND REFUNDS
1. Unwanted Goods: The Buyer may return unwanted Goods to Indigo Shore for a refund or exchange provided the Goods have not been used and they are returned in their original condition and packaging, with tags attached. The Buyer must return Goods within 30 (thirty) days. The 30 (thirty) days shall be counted from the date that Indigo Shore dispatches the Goods, and an email shall be sent to the Buyer on the dispatch date for their records. Earrings are supplied in a sealed packet and, for reasons of hygiene, a refund for earrings shall only be offered where they are returned in their unopened packet, with the security seal intact. The Buyer shall be responsible for the cost of return carriage. A Returns Form (supplied by Indigo Shore) should be enclosed with any returned Goods. Indigo Shore shall not be obliged to offer a refund for returned Goods that are damaged in transit due to insufficient packaging by the Buyer. Risk in the Goods are the responsibility of the Buyer until such time they are delivered to Indigo Shore, as such Indigo Shore shall not be obliged to offer a refund where returned Goods are lost in transit due to untracked postal methods used by the Buyer.
2. Damaged/Faulty Goods: Indigo Shore shall offer the Buyer a full refund for any Goods that are received damaged. The Buyer must notify Indigo Shore by email of any damaged Goods as soon as possible following receipt, and return the Goods to Indigo Shore within 30 (thirty) days. Indigo Shore shall pay the cost of return postage for any damaged or faulty Goods.
3. Indigo Shore shall process any refund due to the Buyer within 2 (two) working days of receipt of returned Goods provided they are n their original condition and unopened packaging.
4. If the Buyer returns Goods during periods where Indigo Shore has no secure internet access (for example, if Indigo Shore is temporarily closed for holiday), for the security of both parties, Indigo Shore shall process the refund within 1 (one) business day of resuming regular business. For the avoidance of doubt, under such circumstances, Indigo Shore shall always notify any Buyer in writing (by email) of the exact date it will process the refund.
5. Refunds shall be made using the same method as was used for payment. Refunds methods may be varied only if agreed in writing by both parties.
VII. PRIZE GIVEAWAYS (“Competition")
1. Only one entry per person is allowed. Duplicate entries will be removed from the Competition.
2. The Competition winner shall be chosen by random draw on the day immediately following the Competition end date and the winner shall be notified by email on that same date. The prize shall be posted to the winner within 3 (three) working days of the Competition end date by Royal Mail Second Class. In respect of free giveaways, Indigo Shore shall bear no liability for any items lost by Royal Mail and no replacement shall be sent to the Competition winner. Should the Competition winner wish to receive the prize by a tracked postal service, they can request an alternative postal method at the time they are notified of their being a winner, but they will need to cover the postal cost themselves.
3. Customers will be entered into Competitions using contact details provided during their check out process, or using details they provide upon registration (where a registration process exists).
4. The Competition shall only include the item(s) as specified. The item(s) cannot be substituted.
5. The Competition shall start and end on the dates as specified for each individual competition. Purchases made after the Competition end date shall not qualify for entry in the Competition.
6. Indigo Shore shall cover the cost of posting the prize to the Competition winner.
VIII. LIMITATION OF LIABILITY
1. Indigo Shore shall not be liable for any loss or damage suffered by the Buyer in excess of the Contract Price.
2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of Indigo Shore for death or personal injury as a result of its negligence.
IX. FORCE MAJEURE
1. Indigo Shore shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control. If the delay persists for such time as Indigo Shore considers unreasonable, it may, without liability on its part, terminate the contract.