Terms and Conditions

Welcome to Bond & Fitzroy!

These terms and conditions outline the rules and regulations for the use of Bond & Fitzroy's Website, located at bondandfitzroy.com.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of the United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

By accessing, browsing or using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use (these "Terms"). If you do not agree to these Terms, you should not use or access this Site. Bond & Fitzroy reserves the right to revise these Terms at any time by updating this posting, but will not change these Terms in relation to orders which have been placed and acknowledged by Bond & Fitzroy before the change is made. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Terms and Conditions, and the Site Privacy Policy, which are incorporated herein.

BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BOND & FITZROY RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE, BUT WILL NOT CHANGE THESE TERMS IN RELATION TO ORDERS WHICH HAVE BEEN PLACED AND ACKNOWLEDGED BY BOND & FITZROY BEFORE THE CHANGE IS MADE.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

1. USE OF THE WEBSITE

You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Bond & Fitzroy. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Bond & Fitzroy. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.

We require all customers to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
• Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature
• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
• Attempting to interfere in any way with the Site’s or Bond & Fitzroy’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site , including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing" the Site , circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

2. REGISTRATION & PASSWORDS

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

3. ORDERS & CONTRACTS

Products and Curated Collections may be ordered by clicking on the box or item you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Submit Order" button on the checkout page.

Your order constitutes an offer to Bond & Fitzroy to buy a Curated Collection or product. All orders are subject to acceptance by Bond & Fitzroy. Bond & Fitzroy is not obliged to accept your order and may, in its discretion, decline to accept any order. Where Bond & Fitzroy accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.

Prices include VAT and delivery costs (where applicable), which will be added when you view the items in your shopping basket.

Your order will be fulfilled by the delivery date set out in the confirmatory email or, if no delivery date is specified, then within a reasonable time of the date of the order. General shipping guidelines are as follows:- products: 7-10 business days. Curated Collections: 10-14 business days.

You recognize, though, that occasionally because of problems sourcing stock from our suppliers or for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the order. 

4. OUR PRODUCTS AND SERVICES

If you wish to purchase any product or service made available through the Site or the App (each such purchase, an "Order"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilised in connection with any transaction. By submitting such information to Bond & Fitzroy, you grant to Bond & Fitzroy the right to provide it to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

The images of any products on our Site or App are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the exact colour of the products. Therefore, your Product may vary slightly from those images and in some cases the packaging of products may vary from that shown in images on our Site or App.

All descriptions, images, references, features, content, specifications, products, prices of products and services described or depicted on the Site and the App are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site and the App does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site and the App. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Pricing and Pricing errors: The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order. Whilst we use our best efforts to ensure that the price of the product advised to you is correct, it is always possible that despite our best efforts, some products may be incorrectly priced. We normally check prices before accepting orders so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your further instructions on how you wish to proceed before we accept your Order. Where we have already accepted and processed your Order, in the event of an obvious and unmistakeable error that could reasonably have been recognised by you as a mispricing, we may elect to end the Contract, refund you any sums you have paid and require the return of any products already provided to you.

VAT increases: Please note that if the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. Bond & Fitzroy reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

You agree that by placing an order on the Site or the App, you are entering into a binding contract with Bond & Fitzroy and agree to pay all charges that may be incurred by you or on your behalf through the Site and the App, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges.

4.i. Curated Collections

Our Curated Collections products consists of items that are selected at the expert discretion of our personal stylists and shoppers, in conjunction with information submitted by you via a designated form stipulating your fashion and beauty choices, where these apply. By submitting an order for any of our Curated Collections products, you therefore agree and accept, without limitation or qualification, that the said product is suitable, as described. All our products are standard according to UK sizing and product guidelines. We therefore discourage purchase of our Curated Collections if they do not meet your requirements. Once a purchase is completed, there will be no return or exchange with Bond & Fitzroy as all sales are FINAL 

4.ii. Personal Shopping

These are the terms and conditions governing the Personal Shopping service offered by Bond & Fitzroy. Request for our services be made by completing the form on the Personal Shopping page of our website or via email at personalshopping@bondandfitzroy.com)

1. Service Requests

1. Your request for services is accepted by us when we so agree in writing by email. At the time we accept your request for services, we will notify you of any special conditions that may apply. The contract between us will be formed of the contents of our email exchange, any other relevant documents or confirmations that we send to you (including invoices) and these terms and conditions.
2. During the request for services process we will let you know when we will provide our services to you and the applicable Bond & Fitzroy service fees. If the services are ongoing services, we will also tell you when and how you can end the contract.
3. We may refuse to provide services to you at any time at our sole discretion.
4. As we procure items specifically to order, unfortunately once we have started working on your request for services then it may not be possible for you to cancel your request and you may still be obliged to pay some or all of our fees and for the relevant products ordered. There will be no refund or exchange once order has been placed.
5. We will not be liable to you (or deemed to be in breach of our agreement with you) if our supply of services is delayed by an event outside our reasonable control.

2. Fees 

1. When we accept your request for services, we may require you to provide us with payment card details (which you agree shall be your own payment card) to secure the service request and any subsequent purchase(s). You authorize us to debit your payment card, and you will pay, in relation to:
   1. (a) any payments that you have agreed to make for our services; and
   2. (b) where we have notified you of the relevant charges in advance (and that the charges apply), charges in respect of our personal shoppers’ time. You are fully liable to us in relation to all such charges. Our fee for services will be the fees quoted to you during the request for services process. We will generally invoice you for the price of the services (including the price of any product(s) you may have decided to order) when we have located the products that you have requested, but before the order for the products has been placed.
2. You acknowledge and agree that we may use “Stripe” (a PCI Service Provider Level 1 certificated platform) to process and store your payment card details. Payments processed via Stripe incur an additional 3 – 5% fee (domestic vs. international transactions), payable by you. Please note that our checkout process with Stripe is served over SSL (Secure Sockets Layer), which means that sensitive card details never touch our servers. Nevertheless, although we take every reasonable precaution to protect sensitive client data, you should be careful to make your payments from secure devices and using a secure network. Bond & Fitzroy cannot be held responsible for any data breach if payment is made from a device that has been compromised by a virus or malware, or over a network that is not secure.
3. For larger payments we may request that you pay by International BACS transfer and this can be arranged with your bank directly.
4. If you do not make any payment to us when it is due, we may end the contract for services at any time by writing to you.
5. If you purchase any products via us, paragraphs 12 to 22 will apply.

3. Product Purchases

1. To order products, you must be over 18 years of age and the holder of the payment card used when placing your order. If you require us to purchase products from a Retailer for you, we will purchase the relevant products from the Retailer on your behalf and in accordance with your instructions. Note that if you decide to purchase products from our online platform, our platform Terms of Use shall apply.
2. You acknowledge and agree that:
   1. (a) all orders are subject to availability and confirmation of the order price by the Retailer; and
   2. (b) each Retailer has their own processing times, delivery methods and prices, and returns and refund policies. We shall endeavor to notify you of such information on any preliminary invoice or confirmation notification we send to you.
3. To the extent that we do not have them already, you will be required to provide us with your payment card details before we order any products for you. You agree to pay to us all charges notified to us by the Retailer for the relevant product(s), as well as any fee agreed for our services in accordance with paragraph 7 above. In addition to the fees indicated in paragraph 7 above, you authorise us to debit your payment card in relation to:
   1. (a) any payments that you have agreed to make for the products; and
   2. (b) any additional charges charged to us by the relevant Retailer (for example banking-related charges). You are fully liable to us for all such charges. By paying (in full or in part) any preliminary invoice we provide to you in respect of products, you are agreeing to purchase the products. In particular, because we procure items specifically to order, once you have paid the deposit in relation to an order, we treat that order as confirmed and you will need to pay the balance to us within the time period notified to you.
4. We may refuse to process or accept a transaction for products for any reason at our sole discretion. We reserve the right not to accept your order for products in the event that we do not receive full payment of any requested product’s price and our fees or if the product is out of stock.
5. Once you have paid the invoice, we will send you a confirmation of your order. The invoice and/or the confirmation shall include a brief description of the products ordered.
6. Delivery costs and (if applicable) import taxes/duties are not included in the prices for the products. The delivery costs and/or import taxes/duties applicable to your order will vary depending on matters including the identity of the Retailer from whom the products are being ordered, the type and quantity of products you have ordered, the country of despatch, the delivery address, country, and/or the delivery method. We will usually arrange for Retailers to deliver the products to our offices (and we will then send the products to you upon receipt from the relevant Retailer), but in some cases we may request that the Retailer sends the products to you directly.
7. In order to process your order, we may need to share your personal data and delivery details that are related to such order with the relevant Retailers. The personal data and delivery details you provide to us will be collected, stored and processed in accordance with our privacy policy and in accordance with the privacy policies of the relevant Retailers.
8. The products become your responsibility from the time they are delivered to you to the address you gave us, or you (or a carrier organized by you) collect them from us.

4. Returns and exchanges

1. The details, images and descriptions of the products that we give to you when we provide the services or when we issue you with a preliminary invoice are provided to us by the Retailers. All efforts are made to ensure that such details, images, descriptions and prices are accurate, however your product may vary slightly from the images and descriptions provided. In particular, you acknowledge that:
   1. (a) some items of jewellery and leather goods are handmade and slight variations in construction and decoration are normal;
   2. (b) gemstone and leather materials are natural and therefore each product is unique; and
   3. (c) no guarantees can be made as to any product’s consistency.
2. We cannot give any undertaking that products you purchase from Retailers through us will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law.
3. Once a purchase is completed, there will be no return or exchange with Bond & Fitzroy as all sales are FINAL.
4. Please note any Bond & Fitzroy fees incurred for services or sourcing products are non-refundable.

5. Loss or damage

Our responsibility for loss or damage suffered by you:

1. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our contract with you or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the request process. We are also not responsible for any loss or damage that arises from:
   1. (a) inaccurate, incorrect or incomplete information provided by you;
   2. (b) your fault; or
   3. (c) any alterations that are made to a product at your request (even if the person carrying out the alteration was introduced to you by us).
2. Except in respect of death or personal injury caused by our negligence, our maximum liability to you under these terms and conditions in respect of any order of products and/or services made by you shall be limited to the total value of that order.
3. You acknowledge and agree that you shall use your own skill and judgment as to value, quality and suitability of any services or products that we recommend, provide or make available to you.

6. General

1. We may vary these terms and conditions from time to time. By requesting services and or products from us, you agree to comply with, and be bound by, the version of the terms and conditions notified to you (or, if no version of the terms and conditions is notified to you, the version set out on our website) at the relevant time.
2. Each paragraph (and sub-paragraph) of these terms and conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining paragraphs (or sub-paragraphs) will remain in full force and effect.
3. These terms and conditions, their subject matter and their formation, the operation of our Site and Contracts for the purchase of Goods through our Site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

5. CONSUMER RIGHTS & CANCELLATIONS

You may cancel your order and receive a refund at any time before your order is dispatched. Bond & Fitzroy will refund the price of the product(s) in full, using the same method originally used by you to pay for your purchase.

6. INTERNATIONAL SHIPPING: CUSTOMS & DUTIES

Customs rules and regulations are set by national governments and bodies like the European Union and the World Customs Organisation; they are independent of all carriers across the world. We are bound by these rules, as are all carriers.

7. PRODUCT INFORMATION; LIMITATION ON QUANTITIES

We strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.

Proprietary Rights You acknowledge and agree that the content (other than content that may be submitted by customers), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Bond & Fitzroy or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site.    

Submitted Content By submitting or posting any materials or content on the Site, you grant Bond & Fitzroy a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration has ended. If you do not want to grant Bond & Fitzroy the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Bond & Fitzroy the license specified above. You also confirm that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. Bond & Fitzroy will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.

8. DISCLAIMERS

Bond & Fitzroy is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside Bond & Fitzroy's control. If you cannot access the Site properly or at all because of any of these reasons, Bond & Fitzroy will not refund any money you have paid or compensate you.

Making the Site enjoyable means Bond & Fitzroy needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. Bond & Fitzroy will try to do scheduled maintenance during what  Bond & Fitzroy  anticipates will be relatively low levels of online use. Bond & Fitzroy   also need to be able to carry out emergency maintenance and/or suspend access to the servers where, in Bond & Fitzroy's reasonable discretion, Bond & Fitzroy sees the need to do that. Bond & Fitzroy will try to have the Site available again as soon as Bond & Fitzroy thinks it is safe to do so.

The Site relies in part on software to work. Software has bugs. Whilst  Bond & Fitzroy   will monitor the Site and try to fix bugs that are made known to us,  Bond & Fitzroy cannot guarantee that the Site will be bug-free or will work all the time. It is not a term of these Terms of Use that the Site or any individual feature of the Site will always be available, error free and/or free from viruses.

Where the Site contains links to other websites and third party products or services, these links are provided for your information only.  Bond & Fitzroy   is not responsible for the content of these websites or products or services.

9. INDEMNIFICATION

You agree to indemnify Bond & Fitzroy liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or Bond & Fitzroy's Review Guidelines.

10. LIMITATION OF LIABILITY

Bond & Fitzroy excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site ; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site , or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and Bond & Fitzroy at the start of your transactions on our site.

Bond & Fitzroy will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products ordered by you via the Site. Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.

11. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

Bond & Fitzroy specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.

Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

12. WAIVER; REMEDIES; VARIATIONS, ENTIRE AGREEMENT

The failure of  Bond & Fitzroy   to partially or fully exercise any rights or the waiver of  Bond & Fitzroy   of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by  Bond & Fitzroy or be deemed a waiver by  Bond & Fitzroy of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of  Bond & Fitzroy   under these Terms and any other applicable agreement between you and  Bond & Fitzroy shall be cumulative, and the exercise of any such right or remedy shall not limit  Bond & Fitzroy's right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.

Governing Law

The operation of our Site and Contracts for the purchase of Goods through our Site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.