By using our website, or by placing an order for Products electronically or by telephone you confirm your agreement to our terms and conditions.
1. An order for Products placed by you, the buyer, through our website or over the telephone shall be subject to these terms and conditions.
2. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
3. Nothing in these terms and conditions shall affect the statutory rights of any consumer.
4. All orders for Products shall be deemed to be an offer by you, the buyer, to purchase Products pursuant to these terms and conditions.
5. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form/over the telephone and we will not be obliged to accept an order unless all details requested have been entered fully and correctly.
6. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of your order by e-mail (where applicable) or by telephone.
7. We are entitled to refuse any order placed by you and will not be required to provide an explanation.
8. The Products may differ slightly from the images shown on the website.
9. We reserve the right to substitute Products of a similar description and standard if the requested Products are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product, you, the buyer, shall be entitled to return the product within 7 working days from the date of delivery should the substituted product not be acceptable to you. Provided the conditions of clause 26 below are satisfied and the substituted product is returned undamaged, having been securely and safely packaged by you, you will then receive a full refund for the returned substituted product within 30 days.
Price and Payment
10. The price of the Products will be the price in pounds sterling quoted on the website at the date the order is received and will include VAT but will exclude delivery costs unless specified otherwise.
11. We reserve the right, by giving notice to you, the buyer, at any time before delivery, to increase the price of the Products to reflect any increase in the cost to us due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation, significant increase in the costs of labour and/or materials, or other costs of manufacture).
12. In the unlikely event of there being such an increase in the price of the Products (other than a result of the costs set out in clause 13), you, the buyer, shall be entitled to cancel the order at any time before delivery.
13. You shall be solely responsible for payment of all postal and delivery charges payable for Products dispatched by us to you. Deliveries outside of the UK may be subject to import duties and taxes and additional charges for which you are solely responsible. Please note that we have no control over these charges and cannot predict their amount.
14. Although we try to ensure all the prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will notify you as soon as possible and give you the option to cancel your order. If we are unable to contact you within 14 days, we shall proceed with your order.
15. When we provide any Products to you, the buyer, under these terms and conditions, payment will be charged to the credit or debit card account provided by you on the website order form/over the telephone.
16. By placing an order, you, the buyer, consent to payment being charged to your credit or debit card account as provided.
17. Title to the Products will pass to you, the buyer, on payment in full of the price of the Products.
18. We will issue you with an electronic receipt sent to your email address once the transaction is completed.
19. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your purchase and payment secure, but, in the absence of negligence on our part, we will not be liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
20. The Products will be delivered to you, the buyer, at the address provided by you on the order form/over the telephone.
21. The risk in the Products shall pass to you upon such delivery taking place.
22. Any dates quoted for delivery of the Products are approximate only and we shall not be liable for any delay in delivery of the Products however caused. In the case of Products comprising exotic skins, delivery outside of the EU may be impossible or delayed as authorizations are sought. Please also bear in mind that since all the bags are individually handmade for each client, it is not always possible for us to provide exact timings for fulfilment of orders.
23. We are able to deliver to most global locations but if you do not live within the United Kingdom, Europe and the USA please contact us for a separate shipping quote.
24. We shall not be liable to you, the buyer, for incomplete delivery of the Products however caused but will provide you with the outstanding Products as soon as is reasonably practical. If, however, we have not delivered the outstanding Products within 7 days from the first date of delivery, you, the buyer, shall be entitled to cancel the order for the outstanding Products.
25. You will be the importer for all international deliveries of the Products. Therefore, before placing an order, it is your responsibility to check that your import of any Products ordered complies with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your order.
Return of Products
26. As all of the products available for purchase on our website are produced specifically to your order and are bespoke there is no right to cancel the order under the Distance Selling Regulations.
27. You, the buyer, warrant that all details provided on the order form/over the telephone for the purpose of purchasing the Products are complete and correct, that the credit or debit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Products.
Limitation Of Liability
28. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following, without limitation, will be regarded as causes beyond our reasonable control:
(a) Act of God, explosion, flood, tempest, fire or accident;
(B) War or threat of war, sabotage, civil disturbance or requisition;
(c) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(D) Import or export regulations or embargoes;
(e) Strikes, lock outs or other industrial actions or trade disputes;
(f) Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(g) Power failure or breakdown in machinery.
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out our obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way, we accept no liability to compensate you for any loss or damage caused by failure to perform.
29. Except where you, the buyer, are dealing as consumer (as defined in the Unfair Contract Terms Act 1977, section 12 as amended), we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise in connection with the Products.
30. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of Products other than as a result of a breach of an obligation arising under the Sale of Products Act 1979 (as amended) and the Supply of Products and Services Act 1973.
31. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
32. All drawings, photographs, descriptive matter and specifications of the Products on the website are for the sole purpose of giving an approximate description of the Products.
33. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content, or restrict access to parts or all of the website without notice or liability.
Intellectual property rights and right to use
34. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
35. You acknowledge and agree that the material and content contained within the Website is made available for your personal, non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose.
36. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
37. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.
38. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
39. These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us, whether oral or in writing, for the purchase of the products. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by one of our statutory directors.
40. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
41. The headings in this Agreement are for convenience only and will not affect their interpretation.
Queries and Complaints
42. We aim to respond to e-mail, faxed and written queries within 36hrs.
43. In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done.
44. Anya Sushko Limited is a company registered in England with company number 6450751 and registered office located at: Unit 2, Studio AV, 13 Tollington Way, London N7 6RG, UK. To contact us, please click here.