TERMS AND CONDITIONS OF USE       TERMS AND CONDITIONS OF SALE


TERMS AND CONDITIONS OF USE
Last updated 02.02.2020


1. General Terms of Use

Please read carefully these Terms and Conditions of Use for the margaritagagalaeva.com website (hereinafter called "Website").

The use of this website is only permitted for personal and non-commercial purposes and always in compliance with these Terms. It includes, but is not limited to, accessing, browsing or registering.

These Terms and Conditions of Use apply to all visitors of the website, and are also applicable to the use of our social media sites, located on various social media platforms, such as Facebook, Instagram, Pinterest, Twitter and more ("Social Media").

The use of the margaritagagalaeva.com website and our social media sites, when purchasing any products or services offered on the margaritagagalaeva.com website, are subject to these Terms and Conditions of Use.

The use of the margaritagagalaeva.com website constitutes your acknowledgement that you have read, understood and accepted without reservation these Terms and Conditions of Use.

These Terms and Conditions of Use and Privacy Policy are subject to change and we reserve the right to update this document at any time.


2. Company Information

Margaritagagalaeva.com is a website published and operated by Margarita Gagalaeva Limited (hereinafter called "we" or "us").
We are a limited company incorporated in England and registered under the company number 07732845, with our registered office at 9 Meridian Road, London, SE7 8QJ, United Kingdom.


3. Other Applicable Terms

Privacy Policy and Cookie Policy set out the terms on which we process any personal data provided to us, and how we use Cookies.
Terms and Conditions of Sale will be applied on any purchase of goods and services from us, including, but not limited to, purchases through this website.


4. Security and Personal Data

We recommend that you read the Privacy Policy, which also applies to access to margaritagagalaeva.com website and governs the use of any personal information that you agree to provide to us. It explains how and for what purposes we collect and use your personal data.

To safeguard and secure the information we collect on our website and to protect it from unauthorised access or disclosure we use encryption technology along with other suitable physical, electronic and managerial procedures.

Secure Socket Layer (SSL) technology is used to protect your data on our website. Padlock symbol at the top of your browser and Hybertext Transfer Protocol Secure ('https') extension of our website indicate that communication between you and our website is encrypted and secure. 


5. Intellectual Property Rights

Margarita Gagalaeva Limited is the rightful owner or the licensee of all intellectual property rights in the margaritagagalaeva.com website and in the materials published on it. All such rights are reserved.

All materials featured on our website, including, but not limited to, its designs, works, techniques, methods, photographs, images, logos, trademarks, trade names, product names, illustrations, drawings, text, audio, video and other materials that appear as part of the Website ("Contents") are the exclusive property of Margarita Gagalaeva Limited.

All content is protected by applicable intellectual property laws, including, but not limited to, by copyright, patent and trademark laws and treaties.
Any copying, reproduction, publishing, transmission, distribution, modification, uploading, posting, creating derivative works from, licensing or otherwise distributing, or use of any part of the content of our website for commercial purposes without obtaining a license from us is strictly prohibited.


6. Registration and Account

To access certain services and features on, or through the website, such as: viewing or editing your details, viewing order history, tracking the progress of your order or adding items to your Wish List, you will be required to register and open an Account.

To access your Account you will be asked to provide your e-mail address and password. You will be able to change login details at any time.
Such access information must be treated as confidential and must not be disclosed to any third party.
You are responsible for controlling access to your Account and for all activities that occur under your Account.
If you suspect that your Account was accessed by a third party without your consent, you must notify us at enquiries@margaritagagalaeva.co.uk


7. Links to Other Websites

The website may contain links to other websites and resources created and operated by third parties ("Third Party Content and Websites"). Those links are provided for convenience and information purposes only and may not be interpreted as an endorsement of such websites or their contents.

We have no control over the content of those websites and resources and are not responsible for the accuracy, security or liability of any third party content and website.


8. Limitation of Our Liability

To the fullest extent permitted by applicable law we shall in no event be liable to you or any third party for any loss or damage arising out of use of, or inability to use margaritagagalaeva.com, including, but not limited to use or reliance on any content displayed on our website. 

Although we make all reasonable efforts to ensure that the information on our website is accurate, complete or up to date, we make no representation, warranties or guarantees, whether expressed or implied, that the content on our website is completely free of human or technological errors. 
We cannot be held liable for the accuracy or completeness of the content, except for our liability for tort, fraudulent misrepresentation or our negligence and as otherwise provided for by the law.

We have adopted adequate technical and organizational measures in order to prevent unauthorised use of or access to data and to protect services on our website, as well as the integrity of data and electronic communications.
Nevertheless we cannot guarantee that your computer equipment, hardware or software or any data stored or created by such will be protected from bugs, viruses and other destructive material when accessing our website or any website linked to it.

We will not be liable for any loss or corruption of data caused by a virus, data overwriting programs or other technological harmful material, or for any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as though installation of reputable anti-virus software.


9. Applicable Law and Jurisdiction

These Terms and Conditions of Use shall be governed by and interpreted in accordance with English Law. You and we both agree to non-exclusive jurisdiction of the courts of England and Wales.



 

TERMS AND CONDITIONS OF SALE 
Last updated 02.02.2020


1. These Terms

These are the terms and conditions on the basis of which we supply products and services to you. 
Terms and Conditions of Sale shall apply to all contracts entered into by Margarita Gagalaeva Limited. 
Any purchase of goods or services from us, including, but not limited to, purchase submitted through our website margaritagagalaeva.com, through electronic or written communication or by telephone is subject to these Terms.

Please read carefully the Terms and Conditions of Sale before you submit your order to us.

By confirming that you read and accepted these Terms and Conditions of Sale when you submit your order for any product or service, including, but not limited to, through our website, you signify your understanding and agreement to comply with these Terms.

We reserve the right, at any time, to change, amend or revise any part of these Terms and Conditions of Sale.
The terms applicable to your order are those in effect at the time of entering into the contract of sale.
When placing your order you will be requested to confirm your acceptance of the current version of Terms and Conditions of Sale.


2. Company Information and Contacts

Margarita Gagalaeva Limited is a private limited company incorporated in England and Wales and registered under company number 07732845.
We are a family owned company with registered office at 9 Meridian Road, London, SE7 8QJ, United Kingdom.
Margarita Gagalaeva Limited (hereinafter called "we" or "us") is the brand owner of MARGARITA GAGALAEVA.

You can contact us at enquiries@margaritagagalaeva.co.uk, by calling at +44 333 050 42 07 or by using the contact details available on the Contact Us page.
If we need to contact you, we will do so using the e-mail address or telephone number that you have provided to us.



3. Other Applicable Terms

- Terms and Conditions of Use govern the access to and use of margaritagagalaeva.com.
- Privacy Policy and Cookie Policy explain the terms on which we process any personal data provided to us, and how we use Cookies.

- Special Terms and Conditions of Sale for Personalised and/or Specially Produced Products, together with these Terms and Conditions of Sale, apply to purchase of made-to-order and personalised products and services.


4. Definitions

In these Terms and Conditions of Sale unless the Contract otherwise permits:

"We" or "Us" means Margarita Gagalaeva Limited;
"You" or "Client" means the client who places an order and to whom we agree to supply goods;
"Website" means our website located at margaritagagalaeva.com;
"Products" means any product supplied by us;
"Products and Services" means products and services that we supply to you, such as custom ordering of our designer product;
"Order" means an offer to purchase products and services from us;
"Contract" means any contract between you and us for the sale and purchase of the products or services incorporating these conditions;
"Classic Collection" means our permanent range of products;
"Currently-Available Products" means products from our permanent range that are in stock at the time of order, therefore available for immediate dispatch;
"Pre-Order Products" means products from our permanent range that are not in stock at the time of order, therefore will be produced on request;
"Personalised Products" means products with added personalised information;
"Custom Order" means service of ordering product to be produced to custom specifications;
"Website Checkout" means the procedure of submitting payment to us through our website;
"Electronic Invoice" means the billing service in the form of an e-invoice, sent to your e-mail address and carrying a link to the PayPal payment platform;
"Order Processing Receipt" means our confirmation that order has been received by us and is being processed;
"Acknowledgement of Receipt" means our confirmation of payment received from you;
"Order Confirmation" means our acceptance of your order;
"Shipment Confirmation" means our confirmation that your order has been dispatched and shipped;


5. Products and Services

We specialise in production of luxury designer products. We also offer to our clients a service of customisation of products from our collections.


6. Ordering Methods

To place a custom order, please contact us at orders@margaritagagalaeva.co.uk or by phone +44 333 050 4207, from Monday to Friday (except public holidays), from 10:30 a.m. to 6:30 p.m. (GMT) and Saturday, 10 a.m. to 6 p.m.

Products from our permanent range, including pre-order products, can be ordered from our website, directly online via the Internet, unless subject to cases listed below.

- Custom order products can only be ordered from the website strictly after our prior confirmation of order details and final total.
- Orders for custom order products that involve adaptation and personalisation outside of the website standard price for according custom order option, including multi-colour custom order products, cannot be placed through the website. Such orders are subject to a custom quote as will require our approval on requested specifications.
- Prices of all products indicated on the website are exclusive of delivery duties and taxes.
Delivery Duty Paid (DDP) service is available on request. DDP invoice will indicate the order total including all relevant delivery duties and taxes.

PayPal supported electronic invoices will be provided as a payment method for all cases listed above.


7. Order Acceptance

When an order is submitted you will receive an Order Processing Receipt in the form of an e-mail confirming that your order has been received by us and is being processed. It does not constitute the acceptance of your order.
Each order will be assigned with a unique order number, the reference to refer to whenever you contact us about the order.

In cases of pre-order products and custom-order products, if we are unable to accept your order due to the fact that we are unable to source requested material, we will contact you at the e-mail address or telephone number that you have provided to us, within three working days from the date on which the order was submitted to us. We will reimburse the total amount paid for pre-order products within three working days.

Our products and services are exclusively intended for private individuals, acting for purposes that are outside trade, business or professional activity.
We shell be entitled to object to the processing of purchase orders from persons other than the end consumer.

We reserve the right, at our own discretion, to refuse your order for the following reasons, including, but not limited to:
- we believe that you are under the age of eighteen (18), or under the age of majority in your country of residence;
- if the order is not in accordance with these Terms and Conditions of Sale;

The Contract between you and us will come into existence when we e-mail you our confirmation of your order ("Order Confirmation").


8. Availability of Products

Products from our permanent range are available for immediate purchase, unless stated otherwise by pre-order notice.
Products from our permanent range that are not available for immediate purchase will be indicated by Pre-Order or Available for Pre-Order notice. These products will be available for order with dispatch time as indicated on the product page. Upfront payment will be required.


9. Accuracy of images and product description

The images of the products and materials displayed on our website are for illustrative purposes only.
Although we make every effort to display colours of products and colours of materials accurately, images you see, depending on display settings of your device, may differ from he original image.

All our products are individually made by hand, therefore the product you receive may vary slightly from website images. For the same reason, product details and information indicated on our website, including, but not limited to, sizes, dimensions, measurements and weights, have a reasonable tolerance.


10. Product Specifications

Products made of leather may not be uniform in colour and texture.
Colour and texture variation is a characteristic of natural leather and is not therefore considered as a manufacturing fault.

Samples of materials provided on request should be considered as a guide only.
We will endeavour to match the colour and the texture of the product to the samples chosen as accurately as possible, but in the case of natural leather products, variations in both colour and texture may occur.


11. Permanent Range Ordering Procedure

Step-by-step guidance on ordering products from our permanent range, including Currently-Available products and Pre-Order Products, is provided in our dedicated section.


12. Placing Custom Order

Step-by-step guidance on submitting the Custom Order is provided in our dedicated section.


13. Price and Payment Methods

We only supply our products and services on the basis of full upfront payment.

The prices of the products are indicated on the website and will be confirmed on the order check-out page, in the Order Processing Receipt, Order Confirmation as well as in the Custom Order quote and Electronic Invoice.
All prices are inclusive of shipping costs, but exclusive of any applicable local duties and taxes.

Prices displayed on our website are quoted in Pound Sterling (GBP). You can change the currency from the selection listed in the footer of the page.

We reserve the right to alter the price of our products at our own discretion; these changes will not be applied to accepted orders for which we sent Order Confirmation, or to processed orders.

- Website payment methods include a) major debit and credit cards processed and secured by WorldPay, b) PayPal. You will be requested to be registered with PayPal to use this payment method.

- Payment for custom order products, or for products with price differences to those of the standard website price, may be submitted by means of an electronic invoice that we will send to your e-mail address.
PayPal electronic invoice is a billing service that supports payments with major debit and credit cards, or with PayPal.


14. Your Right to Make Changes

If you wish to make a change to the order after we have accepted it and have sent you an Order Confirmation e-mail, please contact us via e-mail within 24 hours.
We will contact you regarding your requested change to discuss any possible consequences in design, price or delivery time resulting from such change.

If an order has been already processed, making changes might not be possible. 


15. Our Right to Make Changes

We reserve the right to make minor changes to the products to implement technical adjustments and improvements as a part of our policy of continuous product development.

Such changes will not affect functionality, appearance and value of the product.


16. Providing the Products

Worldwide express shipping is complimentary for all orders.
Delivery is made by DHL courier during normal business hours. It will not be possible to choose a specific date and time.
Recipient's signature will be required upon delivery.
You can track your order by entering the tracking number provided in your Shipment Confirmation e-mail.

For dispatch times and delivery times please consult our dedicated section.

Estimated delivery dates may be subject to change. All specified delivery times are estimates only. Once the product leaves our premises and is handed to the carrier company, the exact time of delivery is out of our control and we will not be liable for any delays in delivery.
We will not be held responsible for any direct or indirect loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of our control.

We do not accept orders requested to be delivered to a general delivery address or P.O. box.

Prices of the products indicated on the website exclude delivery duties and taxes.
When an order is placed outside of the United Kingdom or European Union, it becomes subject to the custom duty of the country you reside in, which is a tariff or tax imposed on goods when transported across international boarders. You are liable to pay any inbound duties and taxes which your local customs authority deems appropriate.
All such charges are your responsibility, unless a Delivery Duty Paid (DDP) service has been requested.
Delivery Duty Paid invoices, with all relevant local custom duties and taxes included to the order total, are available on request for all orders.

The product becomes your property once we receive payment in full.

The product will become your responsibility from the time we deliver the product to the address specified in your order.

In the case of refunds, should you wish to exercise your right of withdrawal, original shipping costs will be deducted from the total amount paid. 


17. Our Right to End the Contract

We may end the contract with you, including, but not limited to cases where:

- you provided us with insufficient or incorrect information;
- there is a problem with payment;
- we discovered that you are under the age of majority;
- you breach our Terms and Conditions;


18. Your right of Withdrawal

a) Currently-Available Products and Pre-Order Products


Your right to end the contract

You have the right to withdraw from the contract under applicable law, without any penalty and for any reason, including if you have changed your mind.
When you are exercising your right of withdrawal you can return an eligible product for a refund or exchange.
You need to notify us if you wish to end the contract within 14 calendar days, beginning on the day you receive the product.
You should return the product to us via our courier within a maximum of 14 days of your notification of withdrawal.

Returning the product

Please contact us at onlineorders@margaritagagalaeva.co.uk, or by calling us on +44 333 050 42 07 to arrange collection of the product.
Please note that you will be responsible for return shipping costs.

Requirements of returned products

- Item should be returned in original packaging (delivery box, original white box and dust bag), together with their purchase invoice.
- All our products come with an identification tag attached with a disposable seal. Do not remove or alter the tag or seal should you wish to return the product.
- We will review returned products for quality control and if they are in their original, new and unused condition, and with all of the tags and labels attached, we will accept the return and will refund or exchange.
- In cases where products appears to be worn, used, or damaged, are missing any of the labels or tags or do not comply with these Terms and Conditions of Sale, we will not be able to accept the return or exchange and we may return the original product back to you.

Refunds and Exchanges

If the returned product complies with the standards stated in these Terms and Conditions of Sale, we will either a) reimburse exclusively the price you paid for the product, minus the original shipping costs, or b) exchange the product.
A refund will be issued within 48 hours of receipt of returned product to the source used for original payment.

b) Personalised Products and Custom Order Products

Right to withdrawal does not apply to personalised products and custom order products. 
Any product that has been customised, personalised, modified or any custom order product is not eligible for returns or exchanges.


19. Legal and Commercial Guarantees

Legal guarantee of conformity:

We guarantee that we will supply to you the product that is consistent with the sales contract, is as described and is of satisfactory quality, with no defects and fit for purpose.
If the product does not comply with these requirements, you are guaranteed certain rights in accordance with applicable consumer laws.
For detailed information on your key legal rights, stated in the Consumer Rights Act 2015, you should contact Citizens Advice (citizenadvice.org.uk or phone 03454 040506) or another legal or consumer affairs adviser.

Manufacture guarantee:

All our products carry a two year guarantee against manufacturing defects.
Our manufacturing guarantee applies in addition to your statutory consumer rights in relation of faulty or inaccurately described products.

Legal and manufacture guarantees do not cover wear and tear, neglect, abuse or misuse of your product, loss or damage due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lighting, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party.


20. Your Right to Reject

In the unlikely case of transit damage, defect, manufacturing fault or error or if the product does not comply with your order, you can return the product for repair, exchange or refund.

In cases of lack of conformity, you may choose between repair or replacement of the product. If repair or replacement is not possible you are entitled to a refund.
Products are eligible for refund only on condition that all security tags are attached with disposable seal; therefore please check for any lack of conformity in the product before removing the tags. Any product that tags have been removed from will be considered as used. In eligible cases we will repair, wherever possible, or replace it with a new product.

In the unlikely event of manufacturing fault within our guarantee, we will collect the product at our cost for repair. If the product is beyond repair we will offer a replacement of equal value and style.

If you wish to exercise your legal rights to reject or in the event of filing a clam under our manufacturing guarantee, please contact us in writing at onlineorders@margaritagagalaeva.co.uk.
We will contact you to arrange free collection of the product via our courier.


21. Our Liability to You

Nothing in these Terms and Conditions of Sale will exclude or limit our liability to you for fraud or fraudulent misrepresentation, losses caused by our negligence, breach of terms, breach of your statutory rights in relation to the products or any other liability which the applicable law states may not be excluded or limited.

We are responsible to you for foreseeable loss and damage caused by us, but we are not responsible for any loss or damage that is not foreseeable at the time of the contract.

We may not be held liable for any loss or damage not resulting from a failure on our part to comply with our obligations.

We will not be liable for loss or damage suffered by you resulting from you negligence, or from you failing to follow our advice or instructions.

Under no circumstances may we be held liable for business losses. We only supply the products for domestic and private use.

Whilst the company does its utmost best to execute every order within the specified period, 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 war, fire, strike, lockout, industrial action, flood, drought, tempest or any other act or event beyond our reasonable control.


22. Personal Information

All personal information you provide to us is subject to the terms of our Privacy Policy.

The processing of your personal data by us, or/and a third party, will be undertaken to complete our contractual obligations to you. In order to fulfil your order and to deliver the product it will be necessary for us to share your contact details with our delivery partner, DHL.

If you have any questions or concerns in relation to this, please contact us by sending an e-mail to enquiries@margaritagagalaeva.co.uk


23. Special Terms and Conditions of Sale for Personalised and/or Specially Produced Products

These terms, together with general terms and conditions of sale, apply to any purchase of personalised or specially produced products and related services. In case of any conflict with the general Terms and Conditions of Sale, these special terms shall prevail.

These special terms govern the offer and supply of the following services:

- Product personalisation (hereinafter "Personalised Products")
- Possibility of ordering products that are not available in our permanent range at the time of order ("Pre-Order Products");
- Possibility of ordering product from our permanent range according to requested specifications ("Custom Order");

We require full upfront payment before production of any pre-order or custom order product will start.

Pre-Order products will be dispatched within a time slot that is a) indicated on the individual product page and/or, b) confirmed in Order Processing Receipt and Order Confirmation;

Custom-Order production period will depend on the complexity of the order, which will be specified in the Order Summary, Order Confirmation and Electronic Invoice;

Delivery times are merely estimates only and commence from the date of dispatch;

No returns or exchanges are accepted for personalised products and custom-order products unless they are subject to legal guarantee for lack of conformity or/and our manufacture guarantee.



24. General Terms

The Contract of the Sale is between you and us. No party other than you or us has any right to enforce any term of the contract.

Each of the paragraphs of these Terms and Conditions of Sale operates separately.
If any of these terms and conditions or any provisions of a Contract are not valid nor legally enforceable, such a term will be severed from the remaining terms and the remaining terms, conditions and provisions will remain in full force and effect.


25. Governing Law

These Terms and Conditions of Sale are governed by, and are to be construed in accordance with the laws of England and Wales.
The conditions will apply to all Contracts for the Sale of products and services between you and Margarita Gagalaeva Limited, to the exclusion of all other terms and conditions. Any variation to these terms and conditions shall be inapplicable, unless agreed by us in writing.