GENERAL TERMS AND CONDITIONS
By using our site and/or by placing an order with us, you are deemed to have read and understood these Terms and Conditions (“Terms”) and any and all policies referred to and incorporated herein. By clicking ticking the box to accept these terms when making your order via our Site, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order.
- By registering an order on the Website, the Buyer agrees with the form of communication (telephone or e-mail) through which Proud Ivy carries out its commercial operations.
- The notification received by the Buyer, after making the order, has the role to inform and does not represent the acceptance of the order. This notification is made electronically (e-mail) or by telephone.
- The contract between Proud Ivy and the Buyers is a distance contract, which shall be concluded at the moment of confirmation, on a durable medium, by Proud Ivy of the acceptance of the order sent by the Buyer.
- The Buyer becomes the owner of the Products and the related risks are transferred after delivery, respectively after signing the shipping documents.
2 WHO WE ARE
- Proud Ivy LTD, headquartered in Kemp house, 157-160 City Road, London, EC1V2NX, registered with the trade registry under no 12473171, e-mail address Contact@proudivy.com, telephone number 07525614018.
- Proud Ivy is an online store offering luxury and affordable furniture and home accessories for your home. We offer a large range of products for all your living spaces and purposes.
- Proud Ivy offers you the buyer access to our online store and allows the use of the Website, subject to their acceptance of these Terms & Conditions, which aim to regulate the use of the Website, as well as the contractual relations between Proud Ivy and Users who buy products and services from the Website ("Buyers").
- By accessing the Website, using, obtaining or purchasing any Products, content, data, materials, information or services through our online store, it is considered that you agree to abide by these Terms & Conditions.
- Proud Ivy reserves the right to supplement or modify any information within the online store without notifying the Users in advance. However, any change to the Terms & Conditions will be announced immediately by publishing this document in an updated form on the Website, in which respect please read the Terms & Conditions periodically.
- The Website contains information about the Products offered by Proud Ivy.
- By using the Website, Users understand and agree that Proud Ivy is the sole owner of all intellectual property rights over the content of the Website, including, but not being limited to, articles, texts, photographs, illustrations, audio files/video, trademarks, designs, digital artwork, software, applications, music files, digital games, e-books or other electronic publications. Users will not use this information in any way, unless they have obtained the express prior written approval of Proud Ivy.
- No part of the content of the Website may be reproduced, distributed or published, in any form or by any means, without the prior written consent of Proud Ivy. By using the Website, Users agree not to modify, sell, distribute or create derivative works based on the information published on the Website, in any way without the prior express written consent of Proud Ivy.
USERS’ ACCOUNT ON THE WEBSITE
- Users have the opportunity to create a user account on the Website and you may be required to be logged in to the account and have a valid payment method associated with it.
- You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
PRICING AND PAYMENT MODALITIES
- The prices are displayed on the page dedicated to each Product including VAT and do not include delivery costs unless this aspect is expressly specified or is offered as a bonus for large orders. If the price is not displayed, you will have the opportunity to request an offer and an operator of Proud Ivy will communicate the price to you as soon as possible.
- The price printed on the invoice is the same as the one published on the Website or provided by the operators of Proud Ivy when confirming the order.
- Payment methods are available on the order launch page.
DELIVERY AND RETURNS
- The Products are available if in stock. However, Proud Ivy cannot guarantee the availability of the published Products at all times. Users and Buyers shall be duly informed on the availability of the ordered Products before the delivery confirmation.
- Based on the pieces of information held by Proud Ivy and those provided by the Buyer, an invoice will be issued for the Products to be delivered.
- Delivery method and timescale for delivery of items are provided on the consumers confirmation email.
- All items delivered beyond the threshold of your home are carried out at your own risk.
- The Buyers are entitled to a refund for any reason and with justification within 14 days as of the Products’ delivery date. In order for a return of an unwanted item adequate justification for your return must be approved by Proud Ivy. Proud Ivy reserve the right to refuse the return of an item if it means incurred costs for Proud Ivy.
- In this case, Proud Ivy shall return any amount paid by the Buyer, excluding any delivery costs via the same method as of the one used for the initial transaction, unless the consumer has requested a exchange.
- Request for a return of an item must be requested to Proud Ivy within 14 days of the delivery of the item.
- In the case of a damaged item, it is the responsibility of the consumer to check the item of any damages at the time of the delivery. Any damages claimed after the delivery team has departed may be refused. Request for the return of a damaged item must be requested within 48 hours of the delivery of the item. Any requested returns after 48 hours will not be accepted by Proud Ivy.
- The consumer is responsible for the safe return of any approved return item to Proud Ivy with a suffocate returns method to ensure safe return of the item to Proud Ivy or a Proud ivy supplier. The buyer is responsible for the integrity of the products until it enters the possession of Proud Ivy or Proud Ivy suppliers. The buyer is responsible for diminishing the value of the products resulting in any incurred costs to Proud Ivy.
- We may defer refund until the date we receive the Products back.
- In case the Buyer considers returning the Product, they shall not use it. You cannot use the Products delivered before making a decision to withdraw from the contract. The right of withdrawal exists to allow you to examine the Product as you would in a store, not to give you 14 days of free use.
- have been subject of a custom order;
- have been distinctly customized at the Buyer’s request;
- were made according to the Buyer's specifications (e.g.: painting the product in the color desired by the Buyer);
- appear to have signs of impact, damage, wear;
- have been unsealed and no longer have the original packaging intact, with all accessories and label intact;
- are rendered by any means in a condition unsuitable for resale,
cannot be returned.
CONTRACTUAL RELATIONSHIP WITH BUSINESS USERS
- Notwithstanding the provisions herein, Business Users’ intellectual property rights over their trademarks, logos, designs and any other intellectual property rights shall remain their exclusive property. Business Users hereby grants Proud Ivy a license to publish, distribute and use such intellectual property works during their entire contractual relationship.
- Proud Ivy shall notify, on a durable medium, to the Business Users any proposed changes of these Terms & Conditions, with the observance of at least 15 days’ notice term.
- The Business User shall have the right to terminate the contract with Proud Ivy before the expiry of the notice period. Such termination shall take effect within 15 days from the receipt of the notice, unless a shorter period applies to the contract.
- In principle, during the notice period, submitting new Products to the Website shall be considered clear affirmative action to waive the notice period.
- The notice period set out above is not applicable where Proud Ivy is subject to a legal or regulatory obligation which requires it to change Terms & Conditions in a manner which does not allow it to respect the notice period referred to above or it has exceptionally to change Terms & Conditions to address an unforeseen and imminent danger related to defending Proud Ivy, Buyers or Business Users from fraud, malware, spam, data breaches or other cybersecurity risks.
- Proud Ivy shall ensure that the identity of the Business User is clearly visible on the Website.
- In case Proud Ivy reserve the right to terminate the contractual relationship with the Business User under Proud Ivy’s discretion.
- Proud Ivy shall not give access to Business Users to any personal data or other data, or both, which Business Users or Buyers provide for the use of Website’s services or which are generated through the provision of those services.
- Upon termination of the contract, Proud Ivy shall not give Business Users access to the information provided or generated by the Business User, which Proud Ivy maintains after the termination of the contract.
- The Seller cannot be liable for damages of any kind that the Buyer, the Business User or any third party may suffer as a result of the Seller's fulfillment of any of its obligations under the order of Products and for damages resulting from the use of Products after delivery and in particular for their loss.
- By creating and using the account on the Website, the User/Buyer undertakes responsibility for maintaining the confidentiality of account data and for managing access to the account, and is responsible for the activity carried out through the respective account.
GOVERNING LAW, MEDIATION AND DISPUTE RESOLUTION
- These Terms & Conditions are governed by English law.
- In case of any dispute between Proud Ivy and Business Users, they shall engage a mediator to attempt to reach an agreement with Business Users on the settlement, out of court, of any disputes between Proud Ivy and the Business User.
- SALE ITEMS AND PROMOTIONAL CODES
9.1 Where an item appears in the sale any promotional code displayed on our website or sent to you, does not apply to any sale items. A customer can only use a promotional code where an item has not been reduced in any way through any sales reductions.