TERMS & CONDITIONS
Please read these terms & conditions before using this site.
This page tells you information about us and the legal terms and conditions (‘Terms’) on which we sell any of the products (‘Products’) listed on our website (‘the Site’) to you.
These Terms will apply to any contract between us for the sale of Products to you (‘Contract’). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 2. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
1.1 We are Kirsty Chivers Handmade and we operate the website www.kirstychivers.com
OUR RIGHT TO VARY THESE TERMS
2.1 We may revise these Terms from time to time in the following circumstances:
2.1.1 Changes in how we accept payment from you;
2.1.2 Changes in relevant laws and regulatory requirements; and
2.1.3 Any other reasonable circumstances.
2.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
2.3 Whenever we revise these Terms in accordance with this clause 2, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the outset of these Term and Conditions.
USE OF OUR SITE
3.1 Your use of our site is governed by our:
3.2 Website Terms and Conditions; and
COPYRIGHT
4.1 The contents of the Site are protected by international copyright laws and other intellectual property rights. All intellectual property rights in the contents of the Site (including, without limitation, all text, graphics, logos, names, artwork, photographs and videos) are owned by us or by our licensors. All product and company names and logos mentioned on the Website are the trademarks, service marks or trading names of their respective owners. All rights are reserved.
4.2 You may download material from the Site for the sole purpose of placing an order or using the Site as a shopping resource only.
4.3 You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
4.5 You may not use, by any means or in any manner, any material or information on or downloaded from, the Site, including but not limited to text, graphics, video, messages, code and/or software, for AI model training purposes.
4.5 Our status (and that of any identified contributors) as the author of material on the Site must always be acknowledged.
4.6 Any commercial use or exploitation of the Site or its contents and/or Products is strictly prohibited.
4.7 We only supply Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes.
INDEMNITY
5.1 You agree to indemnify, defend and hold harmless Kirsty Chivers Handmade and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including:
5.1.1 Reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions; and/or
5.1.2 The documents they incorporate by reference; and/or
5.1.3 Your violation of any law or the rights of a third-party.
PRODUCTS AND AVAILABILITY
6.1 While we make every effort to ensure that the photographs displayed on our site are faithful reproductions of the original products, including adopting every technological solution possible to minimize inaccuracies, variations may occur due to the technical and colour resolution characteristics of your computer, the handmade nature of the products and the vintage nature of the products. Kirsty Chivers Handmade shall not be liable therefore for the eventual inadequacy of the graphic representations of our Products displayed on the Site owing to the above mentioned technical and production issues.
6.2 You acknowledge that the Products offered by us with the Service are subject to stock limits.
6.3 You may check the availability of any Product offered on our site at any time by checking stock levels on the Product pages. We do everything to ensure stock levels are accurate at all times, but inconveniences may occasionally occur regarding the availability of certain items. In such circumstances, we will inform you of this fact as soon as possible by e-mail. We will give you the option to order a different item of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit/debit card. In the event that your credit/debit card has already been charged, you will be refunded as soon as possible.
6.4 We reserve the right to change the items offered on our site at any moment, without prior notice.
6.5 We reserve the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a prior order. This applies equally to all cases in which we consider the customer unsuitable, for instance in the case of previous violations of terms and conditions for online purchases on our site or for whatever other legitimate reason, especially where the customer has been involved in irregular activity of any kind
PRODUCT FIT & AFTERCARE
7.1 Full details on fitting & measurements, care & cleaning our Products are in the buying guide
7.2 We take great care to provide accurate measurements for all products. Please check these carefully before purchasing.
7.3 We use vintage Japanese textiles to make our Products. By their nature, they are old. We take great care in our manufacturing process to strengthen and secure fibres & embroidery threads as much as possible, but occasionally some fraying or fading can occur on some Products. This is to be expected when using vintage fabrics.
7.4 Please carefully read all care labels on purchased Products and take note of the following:
7.4.1 We recommend that bags, belts & waspies are not cleaned at all;
7.4.2 Our jackets require specialist dry cleaning. We recommend going to a company that specialises in cleaning costumes, vintage garments & textiles;
7.4.3 Outside of this, Kirsty Chivers Handmade is not liable for any damage occurred during the implementation of incorrect cleaning procedures to any purchased Products.
BESPOKE COMMISSIONS
8.1 Initial consultation and quotation process is free of charge.
8.2 The quote will consist of the following:
8.2.1 The making fee, which will include fittings, pattern & toile manufacture and any extras, such as linings and other components;
8.2.2 The estimated cost of any vintage fabrics purchased by Kirsty Chivers Handmade. Client budgets will always be taken into account and every effort will be made to find suitable fabrics within that budget;
8.2.3 Any estimated shipping fees.
8.3 A timeline will be agreed upon in advance of any work done by Kirsty Chivers Handmade.
8.4 When it has been agreed that a commission is to proceed, a 50% deposit of the making fee and full payment of any vintage fabric purchases must be made before any manufacturing begins.
8.5 The final 50% manufacturing fee and all shipping costs (including any import / export duties) paid by Kirsty Chivers Handmade will be paid on delivery of the bespoke item.
8.6 Bespoke items are non-refundable.
8.7 If you have any questions or would like further advice before ordering, contact us here
HOW WE USE YOUR PERSONAL INFORMATION
9.1 We only use your personal information in accordance with our Privacy & Cookie Policy. For full details, please see our Privacy & Cookie Policy. Please take the time to read these, as they include important terms which apply to you.
CONSUMER PROVISIONS
10.1 You may only purchase Products from our site if you are at least 18 years old.
10.2 You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
11.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
11.2 The order procedure is completed when you select the “Confirm” option. Upon confirmation, your order will be submitted to us for processing and the order may not be changed or cancelled except as expressly provided in these Terms and Conditions or as required by the applicable law.
11.3 Confirmation of your order will be taken as proof of your acceptance of the provisions contained in these Terms and Conditions.
11.4 The data recorded on the Site shall be treated as conclusive evidence of the details of the transactions between you and us. In the event of a dispute relating to a transaction conducted on our site, the data recorded by us shall be treated as legal evidence of the transaction.
HOW TO PAY
12.1 You can pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Mastercard, Maestro, American Express. We also accept payment via PayPal and Apple Pay.
12.2 Payment for the Products and all applicable delivery charges is in advance.
SHIPPING INFORMATION
13.1 Products available in the online store will be shipped within 1-2 working days, once payment is confirmed.
13.2 UK deliveries. All items are posted with Evri Tracked & Signed service, free of charge. Unless;
13.2.1 You require an item expedited and/or insured. We can send items via Royal Mail Special Delivery service, at extra cost. Please contact us here prior to payment for more information.
13.3 International deliveries. All items are shipped with Royal Mail International Standard service, free of charge. Unless;
13.3.1 You require an item expedited and/or insured. We can send items via Royal Mail International Tracked & Signed Delivery service, at extra cost. Please contact us here prior to payment for more information.
13.4 All shipping fees for bespoke commissions must be paid by you. This includes any international customs and excise duties (see clause 13.5)
13.5 International customs and excise. International buyers are responsible for all VAT, import fees, duties & taxes imposed by the country that you are in. Customs policies vary widely from country to country, so for more information, please check with your relevant customs office. Kirsty Chivers Handmade has no control over these fees and is not responsible for their payment. You must comply with all laws and regulations in the country where you receive the product(s). Please be aware that international shipments may also be opened and inspected by customs authorities. You agree that Kirsty Chivers Handmade has no control over this and is not liable for any damage caused to Products that may occur in this process.
RETURNING PRODUCT(S)
15.1 We accept returns on all items purchased from our online store.
15.2 Items must be returned within 30 days of receipt. Contact us here if you wish to return any item and we will provide a shipping address.
15.3 All returned items should be sent back unused, in perfect condition and in original packaging. We recommend you use recorded delivery for returning goods as we cannot guarantee a refund on lost or damaged items. We do not cover the cost of shipping returned items.
15.4 On receipt of the returned goods we will get in touch to confirm your refund. We will endeavour to refund your account within 30 days.
15.5 Bespoke items are non-refundable.
YOUR RIGHT OF CANCELLATION
14.1 You have a legal right to cancel a Contract during the period set out below in clause 14.3. This means that during the relevant period if you change your mind, or for any other reason you decide you do not want to keep a Product or Products, you can notify us of your decision to cancel the Contract and receive a refund. If you are a UK citizen advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
14.2 However, this cancellation right does not apply in the case of any made-to-measure or bespoke-made products and/or products made to your specification or clearly personalised.
14.3 Your legal right to cancel a Contract starts from the date of the order confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 working days in which you may cancel, starting from the day after the day you receive the Product. Working days means that Saturdays, Sundays or public holidays are not included in this period.
14.4 To cancel a Contract, please contact us via e-mail here You may wish to keep a copy of your cancellation notification for your own records. When you send us your cancellation notice by e-mail, your cancellation is effective from the date you sent us the e-mail to us.
14.5 If you refuse delivery, or if for any other reason delivery of the Product does not occur, then the Product will be returned to us by our shipper and we shall assume, unless you advise us to the contrary, that you have cancelled the Contract.
14.6 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the Product and will be liable for damage to it/them until we actually receive it/them. We also recommend that you use a secure, trackable means to return your order to us. Products the subject of cancellation must be shipped back to our office. Contact us here for the address. You should retain proof of sending, in case of a dispute.
14.7 Please note that you must cover the cost of the return shipment, as our returns policy does not apply to orders cancelled under the Distance Selling Regulations.
14.8 Products should be returned to us with their original packaging and tags attached. Product must be unused, unworn and in an unaltered condition.
14.9 Subject to compliance with clause 14.8 above we will refund the full value of your order, minus any shipping costs, within 30 days of receiving your notice of contract cancellation.
14.10 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 received you order, as described above.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 We will contact you as soon as reasonably possible to notify you; and
15.3.2 Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer:
16.3 To cancel a Contract in accordance with your legal right to do so as set out in clause 14, you must contact us by sending an email here
16.4 If you wish to contact us in writing for any other reason, you can send this to us by email here
OTHER IMPORTANT TERMS
17.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient by you of your gift of a Product will have the benefit of a Contract made between us and the original purchaser, but neither we nor you will need their consent to cancel or make any changes to these Terms.
17.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.3 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 if we delay in doing so, 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 by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.4 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.5 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17.6 We will not file a copy of the Contract between us.