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Terms & Conditions

Last updated: (24th of January 2019)

Introduction

  • These Terms and Conditions govern the relationship between ISHKAR and our users.
  • Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.ishkar.com website operated by ISHKAR Ltd. 
  • Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then do not access the Service.
Interpretation

In these terms and conditions:  
(a) 'we' means ISHKAR Ltd.;
(b) 'you' means our customer or prospective customer, 
(c) 'us', 'our', 'your' should be construed accordingly 

Purchases
 
  • To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, by clicking on “next step” in My Cart you will confirm the order info (as well as where you heard about us and whether you want to receive an Ishkar newsletter); you must enter your billing and delivery address and then select your preferred method of delivery. On the “payment method” tab in “My Cart”, enter your card details. In the “confirm order” tab click “Place Order”, once this has been done we will send an email with an invoice for the purchase (at which point your order will become a binding contract), a following email confirming that your purchase has been dispatched will be sent out with the corresponding tracking number. 
  • You will have the opportunity to identify and correct input errors prior to making your order by clicking the "previous step" link in My Cart before clicking the "Place Order" button.
Products

  • We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
  • If you wish to be put on the waiting list, you can add your email address. We will get back in touch with you as soon as we have the stock available to dispatch. 
Prices

  • Our prices are quoted on our website.
  • Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation of sale.
  • All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
  • In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
Payments

  • We use Stripe to process payments through our website and do not make any representation or warranty with regard to their service.
  • If you purchase an item you agree that payments made through our website are made at your own risk.
  • You must, during the checkout process, pay the prices of the products you order. 
  • If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
  • If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:                                                     (a) an amount equal to the amount of the charge-back;                 (b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);                                                         (c) an administration fee of GBP 25.00 including VAT; and.           (d) all our reasonable costs, losses and expenses incurred in recovering the amounts (including without limitation legal fees and debt collection fees). For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back. 
Deliveries

  • Prices on the website exclude delivery charges. Depending where you choose to have the Products delivered to, the relevant delivery charges will be displayed to you during the checkout process.
  • We offer free Royal Mail signed for UK shipping for all orders over £125; Free tracked shipping to Europe for orders over €160; Free tracked shipping to US and the rest of world over $200.
  • Delivery will be made as soon as possible after your order is accepted and full payment has been received for the product. We aim to ship your order on the same working day if the item is in stock. In any event, delivery will be made within 30 days of your order. The products are at your risk from the time your delivery is signed for.
  • International orders may be subject to the payment of import duties and taxes. You are responsible for payment of any such import duties and taxes.
  • Delivery tracking is available for all our orders.
  • To track your delivery, enter your tracking number (which is provided in your email which confirms dispatch of your purchase) into The Royal Mail Track and Trace webpage.
Returns, Refunds & Cancellation

  • If you purchase an item from us then you have the right to cancel your order within 14 days of receiving the item. To do so, you must notify us via contact@ishkar.com within those 14 days. You will then be entitled to a refund from ISHKAR Ltd. which will be credited to the original purchaser’s credit card. 
  • If you cancel your order with us, you must return any items to us immediately, in the same condition in which you received them. This will be at your own cost. 
  • If the items were made to your specifications, or are clearly personalised, you will not have the right to cancel your order.
  • If you are not happy with your purchase, simply contact us within 14 days of receiving the item and we will talk you through the rest of the returns process. The process will depend on your location.
  • You must return the item(s) in the same condition in which you received them; they must be unworn, unwashed and undamaged products with their original packaging. You are asked to take reasonable care with the items and proof of purchase is required.  
  • In the UK, all products should be returned by Royal Mail Special Delivery to ensure a traceable delivery. For Europe and Worldwide returns, ensure the goods are tracked and insured to the value of the purchase.
  • We are unable to accept responsibility for the non-arrival of returned items unless they are sent as stated above. 
  • A full refund excluding any applicable delivery costs will be processed within 30 days of us receiving the returned items. International customs duties and sales taxes are non refundable for shipments outside the European Union.
Faulty goods:
  • If you purchase an item from us that is faulty when you receive it, you have 14 days from the date you received it to notify us.
  • You will then be entitled to a full refund or replacement from Ishkar Ltd. that will be issued as soon as possible.
  • If you have had the item for over 14 days we will look into this for you, but we cannot guarantee that a repair, replacement or refund will be provided.
  • We cannot offer a repair, replacement or refund for items that you have owned longer than 6 months.
  • Items which are damaged or as a result of normal wear and tear; by accident; or through misuse will not be considered faulty and ISHKAR Ltd. cannot offer a repair, replacement or refund.
Consumer Rights

  • As a consumer you have the right to cancel a contract at any time within fourteen days, beginning on the day after you received the product(s). In this case, you will receive a full refund of the price paid for the Products in accordance with our returns policy.
  • To cancel a contract, you must inform us in writing and return the products to us immediately, in the same condition in which you received them and at your own cost and risk. You have a legal obligation to take reasonable care of the products whilst they are in your possession.
  • Your statutory rights are unaffected.
Links To Other Web Sites

  • Our Service may contain links to third-party web sites or services that are not owned or controlled by ISHKAR Ltd. 
  • ISHKAR Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ISHKAR Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Copyright

  • All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us, the seller or other third parties. 
Trade Marks

  • All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
Accuracy and Variations

  • We have taken care with the descriptions and specifications of our products and to reproduce colours and styles accurately on our website, although some variation (in size, colour and form) may occur as our products are handmade.
  • The Images of our products on the online shop are a guide, every effort will be made to reproduce a similar product.
  • All sizes and measurements are approximate, we do make every effort to ensure they are as accurate as possible.
  • We have tried to ensure that we display the colours of our products as accurately as possible, which appear on the website. However as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
  • We reserve the right, at our sole discretion, at any time without notice to revise or replace the content of our site (including the goods and/or services offered by us) and these terms and conditions at any time. Any changes to these terms and conditions will be published on our site.
  • By continuing to use our site following any revision of these terms and conditions you will signify that you agree to be bound by the revised terms and conditions of use. It will not affect contracts made before the time of the revision.
Events Beyond Our Control

  • We shall have no liability to you for any failure to deliver goods and/or services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Indemnity

  • You agree to indemnify and hold Ishkar Limited harmless from all loss, liabilities, claims, demands and expenses (including reasonable legal fees) made by any third party that may arise from any breach of these Terms and Conditions by you or through a machine on which you access our website.
Waiver and Invalidity

  • Failure on our part to enforce any part of these Terms and Conditions will not be considered a waiver. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.
  • 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.
Privacy and Use of Your Information 

  • We are committed to ensuring that your privacy is protected. When you provide personal identifiable information when using our website, then you can be assured that it will only be used in accordance with this privacy statement. 
  • You acknowledge and agree to be bound by the terms of our privacy policy. 

We may collect the following information but we will not pass on any of this information to third parties:

  • Name 
  • Contact information including email address
  • Demographic information such as postcode 

What we do with the information we gather:

  • Order completions and handling of orders
  • Customer service support
  • Overview of purchase history 
  • Measuring and improving our services
  • Newsletter sign-ups
  • Personalised advertising and marketing

Security

  • We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. 

How we use cookies

  • A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Controlling your personal information: You are able to restrict the collection or use of your personal information in the following ways:

  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at contact@ishkar.com.

GDPR

We respect and comply with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:

  • Consent: We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.
  • Breach Notification:In the event of a breach we will notify affected users within 72 hours of first having become aware of the breach.
  • Right to access: Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, free of charge, in an electronic format
  • Right to be forgotten: Once we have compared your (the subjects') rights to "the public interest in the availability of the data", we may delete your personal data where you have requested this.
  • Data Portability: We allow you to receive the personal data concerning you, which we will provide in a 'commonly used and machine readable format' and you have the right to transmit that data to another ‘controller’.
  • Privacy by Design: We implement appropriate technical and organisational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of data subjects'. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.
Complaints and Disputes

  • In the event of a complaint or dispute then you should raise the matter first by emailing us via contact@ishkar.com who will do their utmost to get this resolved.
  • These Terms and Conditions are governed by English law and we both agree to submit to the non exclusive jurisdiction of the English courts. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms and Conditions in England or in the EU country in which you live.
Third Party Rights
  • A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
  • A person who is not a party to this agreement has no right under the UK 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.
Transfer of Business

  • We may freely assign all of our rights and obligations under these Terms and Conditions in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Governing Law
Governing Law

  • The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction to resolve any disputes between us.
Entire Agreement

  • These terms and conditions, together with our current website prices, contact details and privacy policy set out the entire agreement between you and us in relation to the sale and purchase of our products. They supersede all prior agreements, arrangements and representations (save in respect of those made fraudulently) between you and us in relation to the sale and purchase of our products.
  • If any of these Terms and Conditions are found to be invalid then that provision shall not affect the validity of the remaining provisions which shall continue to be fully enforceable.
  • We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
Contact Us

If you have any questions about these Terms, please contact us (t_a@ishkar.com)