Terms & Conditions
ELIGIBILITY TO PURCHASE
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. ELIAS & GRACE offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to ELIAS & GRACE. ELIAS & GRACE will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at ELIAS & GRACE. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock. Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period. ELIAS & GRACE will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in GBP, Euros and US Dollars and are inclusive of VAT at the applicable rate. All prices and offers remain valid as advertised from time to time. The GBP, Euro or US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. If you are a customer whose credit/debit card is not denominated in Sterling, Euros or US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
SALE PRICE ADJUSTMENT POLICY
ELIAS & GRACE is happy to offer a Sale Price Adjustment on items purchased up to 3 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your credit card. We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and ELIAS & GRACE will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, American Express, Visa Debit, Electron and Maestro, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by ELIAS & GRACE. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to ELIAS & GRACE, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Secure Trading Ltd, a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple, and secure, ELIAS & GRACE takes reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
ELIAS & GRACE Printed and Virtual Gift Cards are sold subject to the following terms and conditions:
- Gift Cards are valid for 12 months from date of purchase.
- Gift Cards can be redeemed against all products on the www.eliasandgrace.com site.
- Gift Cards are non transferable and may not be returned or redeemed for cash.
- If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your
- Gift Card balance online via your My Account page.
- If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
- If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
- Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
- ELIAS & GRACE is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
- ELIAS & GRACE is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
- ELIAS & GRACE reserves the right to cancel a Gift Card if we deem such action necessary.
- Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.
- Sales tax and shipping is applicable on any products purchased with an ELIAS & GRACE Gift Card.
- Shipping is applicable on Printed Gift Cards.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
INSURANCE AND DELIVERY
ELIAS & GRACE insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by ELIAS & GRACE, and transfer of responsibility in the same way. Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. ELIAS & GRACE are not responsible for any delays caused by destination customs clearance processes.
RETURNS AND EXCHANGES
CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS
If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us provided you give us written notice. Notice can be given any time after your order has been placed, up until 7 working days from the day after you received you order. Notice of contract cancellation under the DSRs must be given in writing to: Notice of Contract Cancellation, Customer Care Department, ELIAS & GRACE 74A Holmes Road, London, NW5 3AT or by email to: email@example.com. For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to: ELIAS & GRACE 74A Holmes Road, London, NW5 3AT. All items must be returned unused and in their original condition, from the original delivery country. We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost. Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you receive you order, by email or post as described above, i.e. before requesting your RMA through your ELIAS & GRACE account. Our free UK returns service is not available for orders cancelled under the DSRs.
RETURNS AND EXCHANGES USING OUR FREE COLLECTION SERVICE
As an alternative to using your rights under the DSRs, you may prefer to return or exchange items using our free UK returns and exchanges collection service. You must request your Returns Merchandise Authorization (RMA) number within 7 days of order receipt, and return your unwanted items within 7 days of receiving your RMA number, for a refund of the value of the item only, or an exchange for the same item in a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately. Please refer to our Returns & Exchanges policy [Add in link to this page] for further information. Shipping costs are charged on the replacement item, as are any relevant import duty and tax charges will apply.
Our policy Items should be returned unworn, in perfect condition and with all ELIAS & GRACE and designer garment tags still attached. Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive an item which is damaged, please contact us immediately. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused. Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return. All items returned should have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender. Shoes should be returned unmarked and in their original and undamaged packaging as this is considered part of the product. All shoes should be tried on a carpeted surface before wear. Lingerie & Swimwear Briefs, swimming costumes and bikini bottoms should be tried on over underwear, if items are soiled, and may be sent back to the customer. Faulty goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund. We have made every effort to display as accurately as possible the colors of our products that appear on ELIAS & GRACE. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including ELIAS & GRACE Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by ELIAS & GRACE and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. ELIAS & GRACE tries to ensure that the information on this site is accurate and complete. ELIAS & GRACE does not promise that ELIAS & GRACE Content is accurate or error-free. ELIAS & GRACE does not promise that the functional aspects of the Site or ELIAS & GRACE 's Content will be error free or that this Site, ELIAS & GRACE Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. Opinions expressed on ELIAS & GRACE social networks are the personal opinions of the authors and do not reflect the views of ELIAS & GRACE. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to ELIAS & GRACE a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but ELIAS & GRACE does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please email firstname.lastname@example.org. ELIAS & GRACE reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site. The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of ELIAS & GRACE and we accept no responsibility for any such views expressed in any media.