Terms and Conditions

Terms and Conditions

 

Delivery and Returns    Buying Guide    Cookie Policy   


 

 

DEFINITIONS

 

1.1. The following terms will have the following meaning in these terms and conditions:

“IPR” intellectual property rights including copyright, design right, trade marks, patents and any other similar rights whether registered or unregistered existing anywhere in the world;

“Order” an order placed by you via the Website or via telephone for the purchase of selected Products;

“Price” the price as displayed on the Website for the Products;

“Products” products listed on the Website available for resale by Conyngham of London England to you and as identified by you in your Order; and

“Website” the website accessible via www.maisoncole.com and all other websites owned and operated by Conyngham of London England linking to the same content.

These terms and conditions govern all orders made with Conyngham of London England, registered in England under number 11240348, whose registered address is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (“Conyngham of London England"). If Conyngham of London England accepts your Order, which is done once they capture your payment, you and Conyngham of London England will be legally bound by these terms and conditions. These terms shall apply to all Orders placed by you.
Conyngham of London England’s Terms and Conditions of Sale.

 

 

ORDERS

 

2.1. By submitting an Order, you will be deemed to accept these terms and conditions.

2.2. You must submit your Order via the Website in accordance with the instructions set out on the Website or via telephone via the telephone number displayed on the Website. You will be responsible for ensuring the accuracy of your Order and Conyngham of London England will not be liable for your failure to provide correct and accurate information in your Order.

2.3. No Order will be deemed to have been accepted by Conyngham of London England until you receive notification in writing (which may be by e-mail) of acceptance of the Order by Conyngham of London England and any relevant purchase reference number.

2.4. Conyngham of London England reserves the right to:

2.4.1. reject any Order submitted by you for any reason; and

2.4.2. cancel any Order before delivery of the relevant Products in the event any payment of the Price for the Products fails or in accordance with clause 12.3.

2.5. Without limitation to the provisions relating to limitation of liability in clause 11 below, Conyngham of London England will not be liable or otherwise responsible for any loss or damage caused to you by Conyngham of London England’s cancellation of the Order in accordance with clause 2.4 above.

 

 

AVAILABILITY OF PRODUCTS

 

3.1. The Products displayed as available on the Website are subject to stock and supply availability, and there may be some delay in updating the Website with regard to the availability of Products.

3.2. You acknowledge and accept that Conyngham of London England may be reliant on a supply chain (including third party suppliers of Products to Conyngham of London England) in fulfilling Orders. In the event that an Order is placed which Conyngham of London England cannot immediately fulfil as a result of reliance on third party suppliers, Conyngham of London England will inform you as soon as practicable and delivery may be delayed until such time as stock is available.

 

 

PRODUCTS AND SALES 

 

4.1. Conyngham of London England sells Products via the Website in a range of forms including in a range of designs and colours. You must clearly indicate your requirements in relation to the design, colour and any other relevant details of the Products in your Order.

4.2. In consideration of payment of the Price for each Order by you to Conyngham of London England in accordance with clause 5 below, plus any cost of packaging and postage as may be set out on the Website from time to time, Conyngham of London England agrees to deliver the Products set out in the Order to you, at the address stated by you in the Order.

4.3. You agree and accept that:

4.3.1. Conyngham of London England provides the Products without any warranty and Conyngham of London England will have no responsibility for suitability of the Products ordered by you via the Website; and

4.3.2. the Products are sold to you “as is” and “as available” and you must judge the suitability of the Products for the purpose intended.

4.3.3. Personalisation -  All bespoke designs ordered via Conyngham of London England’s bespoke service are not eligable for a return, refund or exchange. 

4.3.4.Conyngham of London England is a multibrand store selling clothing made by small international designers, with only one exclusive range available designed by Conyngham here. The multibrand store refers to collections: dresses, blouses, skirts, outerwear, bottomwear, topwear, bags, tshirts and jewellery edit'. The items and designs in the CONYNGHAM BRAND collection page are indicative of items branded by Conyngham of London England. 

4.4.5. The colour and texture of fabric may be different as seen on screen, than you would judge or perceive in person. Conyngham of London does their best to inform you of the nature and colour of the fabric, but please be advised that you purchase with this knowledge and at your own discretion. 

 

 

 

PRICES AND PAYMENTS

 

5.1. The Price for each Order will be calculated by Conyngham of London England in accordance with Conyngham of London England’s standard advertised Prices for the Products as set out on the Website. Prices for Products and delivery and other charges displayed on the Website are current at the time of display. However, Conyngham of London England does not accept liability for any errors in such Prices.

5.2. The Price payable for Products under these terms and conditions is inclusive of VAT, which will be charged to you in within the Price.

5.3. You will pay the Price together with delivery costs for each Order on submitting your Order. Payment will be made to our authorised agent, Shopify Payments. Payment must be made online via the secure online e-commerce payment system on the Website utilising credit and debit cards listed on the Website. The secure online e-commerce payment system service on the Website will be operated by Shopify Payments. This secure online e-commerce payment system service may be changed from time to time by Shopify Payments without prior notice. If you are based outside of the United Kingdom payment must be processed via the Website and all such payments will be exchanged into pounds sterling at the exchange rate of Shopify Payments on the date of payment.

5.4. Delivery costs will be calculated by Conyngham of London England on the basis of the standard charges charged by carriers Conyngham of London England use which may vary from time to time and will vary according to the country of destination and weight of the Products. This cost will be confirmed to you by Conyngham of London England prior to submitting your Order and you agree to pay such delivery costs to Conyngham of London England in addition to the Price.

5.5. No Order will be processed or accepted by Conyngham of London England and no Products will be delivered to you unless and until the relevant Price (and delivery costs) for that Order has been received by Conyngham of London England in cleared funds from you.

5.6. Conyngham of London England’s standard Prices for Products are subject to change from time to time by Conyngham of London England and any such change will be notified by amending the relevant Prices displayed on the Website. Any increase in the Prices for Products will only apply to an Order placed after the date of the increase, and will not apply retrospectively.

5.7. Conyngham of London England is not liable for local taxes and duties. Products returned to Conyngham of London England for non-payment of local taxes and duties will not be refunded.

 

 

 

RESTRICTIONS OF THE INTERNET

 

6.1. You acknowledge and accept that:

6.1.1. Conyngham of London England has no control over the Internet, which is a worldwide network of computer systems. Access to the Website, Order processing system and secure online e-commerce payment system on the Website will not be error free or uninterrupted and may be variable; and

6.1.2. Conyngham of London England will not be liable for any direct, indirect, incidental or other loss or damage which result or may result from your access to or use of the Internet or the Website.

6.2. The Website is maintained by Conyngham of London England’s web hosting service provider. Every effort is made to ensure the continuity of the Website, but some occasional technical downtime beyond Conyngham of London England’s control and/or the control of L Conyngham of London England’s hosting service provider may occur. Such downtime may prevent the Website or your content being available for the duration of the downtime and may result in errors occurring in the posting of Orders via the Website. Conyngham of London England will not be liable for such delays nor errors resulting from any cause beyond Conyngham of London England’s control and/or that of Conyngham of London England’s web hosting provider including hosting server downtime.

 

 

CANCELLATION

 

7.1. Subject to these terms and conditions, you may cancel any Order by e-mailing Conyngham of London England at concierge@conynghamlondon.com quoting “Order Cancellation” in the subject heading and the relevant Order reference number in the body of the e-mail. Cancellation of an Order may only be made in accordance with clause 7.2 below.

7.2. In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you are granted a cancellation period of seven (7) working days from the date of submission of the Order. The following will, therefore, apply to any cancellation received by Conyngham of London England:

7.2.1. in the event that you cancel your Order within the above mentioned seven (7) working day period, on return by you of the Products (to return address: Conyngham of London England 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) if already despatched, you will be granted a full refund of the relevant Price; Conyngham of London England does not cover the costs required to return the goods, if you have received the item and need to return it. 

7.2.2. in the event that you cancel your Order after the end of the above mentioned seven (7) working day period, the relevant Price paid to Conyngham of London England by you will be non-refundable, subject to clause 9.

7.3. The terms of this clause 7 regarding cancellation of Orders are without prejudice to Conyngham of London England’s Returns Policy set out in clause 9 below.

 

 

DELIVERY OF PRODUCTS

 

8.1. On Conyngham of London England’s receipt of payment of the Price from you for an Order, Conyngham of London England will arrange for delivery of the relevant Products to you to at the address stated by you in the Order. Delivery to P.O. Boxes will not be made.

8.2. Subject to Conyngham of London England’s Returns Policy set out in clause 9 below, and unless otherwise agreed in writing by Conyngham of London England, title and risk in all Products delivered by Conyngham of London England to you pursuant to an Order will take place once the Products are despatched for delivery by Conyngham of London England.

8.3. Any timescales or dates indicated for delivery of Products are for guidance only and time for delivery will not be of the essence in this Agreement. If no timescales or dates are so indicated, delivery will be made by Conyngham of London England within a reasonable time. Not withstanding this, under usual circumstances Products for delivery in the United Kingdom should be despatched within 2-7 days from the date of the Order.

8.4. Conyngham of London England’s liability for non-delivery of the Products will be limited to replacing the Products within a reasonable time or issuing a refund of the Price paid by you. Reasonable evidence of non-delivery will be required and Conyngham of London England will not be liable for more than one replacement of undelivered Products.

8.5. Without limitation to the provisions relating to Limitation of Liability in clause 11 below, Conyngham of London England will not be liable or otherwise responsible for any loss or damage caused by late or delayed delivery of the Products to you.

 

 

 RETURNS POLICY

 

9.1. In the event that any Products delivered to you pursuant to your Order has a misprint of design, or wrong design which is reasonably less than that represented on the Website or requested in the Order, you may return the Products to L Conyngham of London England within 14 days of the date of delivery of the Products and, subject to clause 9.2 below, Conyngham of London England will, at your preference, either:

9.1.1. provide a replacement of the Products to you; or

9.1.2. provide you with a full refund of the Price and reasonable delivery costs within a reasonable time, which under usual circumstances should be no more than 28 days.

9.2. Conyngham of London England’s Returns Policy set out in clause 9.1 above is subject to the following terms:

9.2.1. return of Products or refund of the Price to you as a remedy under Conyngham of London England’s Returns Policy will be at Conyngham of London England’s choice and discretion;

9.2.2. undamaged Products or Products of a satisfactory quality will be non-returnable under Conyngham of London England’s Returns Policy;

9.2.3. all returns of Products must be made in accordance with clause 9.3 below.

9.3. In order to return any Products pursuant to Conyngham of London England’s Returns Policy set out in clause 9.1 above, you must complete the following procedure:

9.3.1. you must email Conyngham of London England at concierge@conynghamlondon.com quoting “Returns Request Form” in the subject heading and one will be sent to you then submit back to concierge@conynghamlondon.com.

 

We must stress that in order to receive a refund or exchange:

The item(s) must be unworn and in perfect condition. Returns that are damaged, soiled or returned without all their labels may not be accepted and may be sent back to the customer.

Where provided, any designer packaging such as authenticity cards and dust bags must be included with your return.

 

9.3.2. on receipt of your returned Products at the address indicated, Conyngham of London England will replace the Products or refund the Price in accordance with your email. However, will not cover costs to return the item back to Conyngham of London England.

 

 

IPR (Intellectual Property Rights)

 

10.1. All IPR in the Products are and will remain owned by L Conyngham of London England or any third party Conyngham of London England has collaborated with to develop the Products (as the case may be), and nothing in these terms and conditions will in any circumstances assign, sell or otherwise transfer the IPR in the Products to you or any other person. Furthermore, you are not granted any licence of the IPR in the Products by virtue of these terms and conditions.

10.2. Accordingly, Products are sold by Conyngham of London England to you for non-commercial use by you as a consumer only and reproductions of the Products may not be made or re-sold in any circumstance.

10.3. You will be responsible for your use of the Products and you acknowledge and accept that Conyngham of London England does not make any representation or warranties about the Products whether express or implied. For the avoidance of doubt, Conyngham of London England does not warrant that the Products will not infringe the IPR of any third party.

10.4. Subject to clause 11 below, Conyngham of London England will not be liable to you for damages, costs and losses incurred by you arising out of any claim made against you for infringement of any IPR of any third party caused by the Products or your use of the Products.

10.5. Conyngham of London England and associated brand features are Conyngham of London England’s brand name and trade marks, the use of which by you or any other person without Conyngham of London England’s express permission is expressly forbidden.

 

 

LIMITATION OF LIABILITY  

 

11.1. These terms and conditions set out Conyngham of London England’s entire liability to you and all other liability of Conyngham of London England to you is hereby excluded, subject that nothing will exclude or restrict Conyngham of London England’s liability for fraudulent misrepresentation and/or for death or personal injury to the extent that such injury results from Conyngham of London England’s negligence.

11.2. Subject to clause 11.1 above, you agree that Conyngham of London England’s total liability under these terms and conditions will not exceed the Price actually paid by you to Conyngham of London England relating to the relevant Order giving rise to the alleged claim or the sum of £500.00 whichever is the lower, including where such liability arises out of Conyngham of London England’s negligence.

11.3. In no event will Conyngham of London England be liable to you, whether in contract, tort, by statute or otherwise for any special, indirect or consequential loss or damage arising out of or in connection with the sale of the Products to you, including any claim that the Products infringe the IPR of any third party.

11.4 Conyngham of London England will not be liable to you for any acts, omissions or failures of third party sub-contractors used by Conyngham of London England in delivering Products to you pursuant to Orders placed by you under these terms and conditions, including but not limited to intermediary suppliers of Products, service providers for the delivery of Products and service providers of the secure online e-commerce payment system on the Website.

11.5 Nothing in these terms and conditions will limit you statutory rights as a consumer.

 

 

WARRANTIES

 

12.1You warrant and undertake that :

12.1.1. you will not use the Website or Products for any unlawful purpose or which gives rise to civil or criminal liability;

12.1.2 you will not use the Website or Products in conjunction with any abusive, illegal, pornographic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material or in any way which will or is likely to bring Conyngham of London England into disrepute; and

12.1.3 you will not use the Website or Products to infringe Conyngham of London England’s IPR or the IPR of any third party.

12.2 Notwithstanding the above, you warrant that you will be truthful and honest in your use of the Website and make purchases of Products in a responsible and reasonable manner and only as envisaged by these terms and conditions.

12.3 Any breach of these warranties will entitle Conyngham of London England to cancel any Order at its discretion and Conyngham of London England may at its discretion also cancel all or any other Orders made by you and terminate this agreement without notice.

12.4 Conyngham of London England gives no warranties with regard to the Products or with regard to the content of the Website and to the maximum extent permitted by law, Conyngham of London England excludes liability for all representations, warranties, conditions and other terms which but for this notice would have effect or be implied.

12.5 You will indemnify Conyngham of London England and hold Conyngham of London England harmless in full and defend Conyngham of London England at your own expense against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Conyngham of London England arising out of any claim made against L Conyngham of London England as a result of the breach by you of the above warranties.

 

 

DATA PROTECTION

 

You agree to the reasonable processing of personal data (as defined in the Data Protection Act 1998) by Conyngham of London England for the purposes of processing your Orders and delivering the Products to you. In processing personal data, Conyngham of London England will comply with all relevant legislation, including but not limited to the Data Protection Act 1998 and Conyngham of London England’s Privacy Policy can be found on the Website.

 

 

TERMINATION

 

14.1 Conyngham of London England may terminate this Agreement at any time for any reason on notice in writing (which may be by e-mail) to you in the event of any breach by you of the provisions of these terms and conditions.


14.2 On termination, any outstanding Order of yours will be immediately cancelled. Except as otherwise provided in these terms and conditions, the Price paid to Conyngham of London England for the relevant Order will be refunded on termination, unless the relevant Products in question has been despatched to you prior to termination in which case the relevant Price will not be refunded.

 

 

NOTICES 

 

15.1 Any notice required or permitted under these terms and conditions will be in writing (which may be by e-mail) and will be deemed to have been properly given:

15.1.2 48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid to the address set out in the Order if notice is being given by Conyngham of London England to you, or if notice is being given by you to Conyngham of London England, at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ; or

15.1.3 at close of business on the day of effective transmission if sent by e-mail to an e-mail address notified for that purpose.

 

 

FORCE MAJEURE 

 

Conyngham of London England will not be liable for failure to meet its obligations under these terms and conditions if Conyngham of London England or its contractors are prevented from or delayed in doing so due to circumstances beyond Conyngham of London England’s reasonable control including, without limitation, acts of God, governmental actions, war, acts of terrorism, fire, explosion, flood, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies.

 

RELEASE

You release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Conyngham of London England has no control over and does not guarantee the delivery of the advertised collaborations and that Conyngham of London England shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.

 

INDEMNITY

You will indemnify and hold Conyngham of London England (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

 

GENERAL 

 

17.1 No provision of these terms and conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it.

17.2 Conyngham of London England may assign Conyngham of London England’s rights or obligations under these terms and conditions at anytime. You may not assign your rights or obligations under these terms and conditions without Conyngham of London England’s prior written consent.

 

 

 GOVERNING LAW 

 

These terms and conditions will be governed by English law and both you and Conyngham of London England submit to the exclusive jurisdiction of the English courts.

 

 

 

Updated: 20th June 2018