1). The contract between us
We (‘The Bobby Pin) must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. All orders are subject to acceptance by us; our acceptance of your order brings into existence a legally binding contract between us.
2.1). All of the Bobby Pin pieces are made from a number of quality materials specified on each piece of the description. Our headpieces are made with anti-tarnish silver and gold plated wire. Our non-metallic designs are made from the finest lace, silk and taffeta and all our ribbon is double sided satin.
2.2). While all pieces are durable and made to a high standard, we advise that you handle them carefully. It is recommended that you pick your headpiece up very delicately and refrain from picking the beads or embellishments up with your hands. Hairspray should not be used once your headpiece is in place as this may dull the crystals and tarnish the band.
2.3). All of our products are individually hand crafted and whilst every effort is made to replicate the original design, very slight variations may occur. Measurements given are approximate but shall be as accurate as we can reasonably make them. The Bobby Pin cannot accept responsibility for any variations in the appearance of colour of our products due to the computer equipment or software used by our customers.
2.4). We recommend that our products are stored in the The Bobby Pin Gift Box supplied with each piece to give protection from damage and sunlight. We use acid free tissue paper to wrap your piece in and strongly encourage to keep the piece in this box and tissue whilst in storage. We cannot be held responsible for the piece tarnishing over time.
2.5). The Bobby Pin does not accept responsibility for any damage arising from the use of our products. Our products contain small parts and are not suitable for young children.
3.1). The prices payable for goods that you order are as set out on our website. All prices given are in Pounds Sterling and include UK standard delivery. We accept most major credit and debit cards through our secure payment server. No credit or debit card details are stored on our database.
3.2). You will be required to pay extra for delivery outside the UK and it might not be possible for us to deliver to some locations. Our delivery charges are set out on our website.
4). Right for you to cancel your contract
4.1). Subject to clause 4.5 below, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.2). Where you wish to cancel your contract in accordance with clause 4.1 above you must notify us in writing.
4.3). If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract prior to receiving the goods and we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4.4). Once you have notified us that you are cancelling your contract, any sum debited to us from your credit or debit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
4.5). Loss or damage during transit shall be at your own risk. We therefore advise that you use Royal Mail Special Delivery as this service is tracked and insured. We recommend that you insure returned goods for the full value as The Bobby Pin cannot be held responsible for lost or damaged packages. We recommend that you retain your proof of postage.
4.6). Our delicate products are carefully packaged to ensure that no damage will occur during transit. Should you decide to return your item to The Bobby Pin, please ensure that it is packaged in the same way as it was sent out to you to avoid damage. We are unable to offer refunds on items that are returned in poor condition.
4.7). The right to cancel your contract with us in accordance with clause 4.1 above, shall under no circumstances apply to any:
4.7.1). Contract entered into for the supply of bespoke products; Bespoke commissions cannot be cancelled after a week of placing the order. Bespoke items are made for you personally and once all the actions have been agreed from ourselves and the customer this is final. No returns or refunds can be given on a bespoke piece that has been accepted by you the customer unless damaged.
4.7.2). Contract entered into for the supply of earrings, due to hygiene reasons; or
4.7.3). Items that have been worn or had their swing tags removed.
5). Cancellation by us
5.1). We reserve the right to cancel the contract between us if:
5.1.1). We have insufficient stock to deliver the goods you have ordered;
5.1.2). We do not deliver to your area; or
5.1.3). One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2). If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
5.3). We will not be obliged to offer any additional compensation for disappointment suffered.
6). Delivery of goods to you
6.1). We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
Headpieces and Jewellery
Ready to ship pieces will be sent within 3-5 days of your order placement. All orders in the UK will be delivered Free under £100 orders will be sent by Royal mail recorded delivery. All orders over £100 will be delivered by Royal Mail Special Delivery.
Bespoke pieces can take up to 8-10 weeks to be made. Once each piece is crafted The Bobby Pin will be in touch to with the customer to advise the shipping date.
All items are delivered within 2 weeks, with a standard delivery charge of £14.95 outside of Europe and £9.95 in Europe.
The Bobby Pin will advise customers when goods have been dispatched. Any unforeseen delays will be notified to the customer.
6.2). Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
6.3). All UK orders over the value of £100 will be sent by Royal Mail Special Delivery with insurance cover for loss or damage up to the value of £500 or such other figure as specified under the special delivery contract. All UK orders under the value of £100 will be sent by Royal Mail Recorded Delivery.
6.4). All international orders will be sent via Royal Mail’s International signed and/or tracked services with insurance cover for loss or damage up to the value of £500 or such other figure as specified under the contract with Royal Mail.
6.5). Please note that all items will require a signature upon delivery. If you are unavailable to sign for your parcel it will be held at your local sorting office for collection. Royal Mail advise that Special Delivery items will be held for 3 weeks, however as this time frame may change from time to time, it is your obligation to check the Royal Mail’s current rules prior to ordering. After this time the parcel will be returned to The Bobby Pin and you will be responsible for any repeat delivery costs.
6.6). You will become the owner of the goods you have ordered only when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk. You will remain liable for the loss or destruction of the goods until such time as they are returned to us.
6.7). We cannot be held responsible for any delivery delays once the goods are in possession of the Royal Mail.
7). Refunds and returns for damaged goods
We want you to be completely happy with your purchase from The Bobby Pin. Refunds will be given for items purchased through our website, provided that the item is returned within 7 working days. Refunds will not be given if the item has been worn or swing tags have been removed.
7.1). Where the goods delivered to you:
7.1.1). are in a damaged or faulty state;
7.1.2). are not what you ordered; or
7.1.3). the delivery is of an incorrect quantity,
we shall have no liability to you unless you notify us in writing at our contact address of the problem within a reasonable period of time following the date of the delivery of the goods in question.
7.2). If you do not receive the goods ordered within 30 days from the date of despatch, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of
the date on which you ordered the goods.
7.3). If you notify a problem to us under clauses 7.1- 7.2 above, our only obligation will be, at your option to:
7.3.1). make good any shortage or non-delivery;
7.3.2). replace or repair any goods that are damaged or defective; or
7.3.3). refund to you the amount paid by you for the goods in question and any delivery charges, in whatever way we choose.
7.4). Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact email address a email@example.com. All notices from us to you will be displayed on our website from time to time.
9). Other Notices
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- 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 or other natural disasters.
- The impossibility of the use of railways, shipping, aircraft, motor transport or other public or private transport.
- The impossibility of the use of a public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government. Our performance under the contract is deemed to be suspended for the period that the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12). Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13). Governing Law
The contract between us shall be governed by and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to resolve any disputes between us.
14). Entire agreement