1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the products (the 'products') listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy and limitation of our liability and your indemnity
1.2.2. Print a copy for future reference.
1.3. By ordering any of the products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
This Website is owned by ISHA FOUNDATION ('we'/'us'/'our'), a registered charity in England and Wales under the registration number 1116816 having our registered office at 2 Empress Avenue, Ilford, Essex, IG1 3DD
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
We accept payment by PayPal.
5. Receipt of Order Confirmation
You will receive an order receipt confirmation email as soon as you have placed an order. Please keep it in a safe place as we may ask you for information from it in any correspondence. If you do not receive this email please contact our customer services team straightaway so that we may investigate and confirm that your order has been placed successfully.
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
Prices include VAT and exclude delivery charges unless otherwise stated. We reserve the right to alter prices at any time. It may be necessary to change prices either up or down, from time to time, including any alterations to the rate of VAT.
ISHA FOUNDATION takes the utmost care to ensure that product information and colours are accurate. Due to the limitations of the photographic process, goods may not be exactly the same colour as shown.
Due to the handmade nature of some of the ISHA FOUNDATION products, small variations may occur and may differ slightly from the picture online and from our catalogues. These variations are an intrinsic part of their charm. These are not defects and we regret such complaints will not be accepted.
8. Product Information
We do our very best to ensure that all items you see are as close as possible to the photographs shown, but, since not all have been mass-produced, and many of them are either handmade from natural materials or hand-finished, slight variations in colour and size may occur from time to time. We hope that you understand and appreciate this limitation. All products shown are subject to availability.
9. Returns Policy
Please Click here to see our refund policy.
10.1. You are entitled to cancel your contract if you wish providing you act within 7 working days of receipt of the products. Should you wish to exercise this right prior to dispatch of products please email our customer services department to notify us.
10.2. If your order has already been dispatched please follow our returns information. Your cancellation notice must quote your name, address, the name or a description of the products bought, and your order reference.
11. Processing refunds
11.1 We will examine any returned products and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the products.
11.2 We reserve the right to refuse to issue a refund or replacement in the event that the products are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the products have not been returned with its original packaging. This does not affect your statutory.
12.1. The products will be delivered to you at the address you provided during the order process.
12.2. We employ professional carriers. Nevertheless, you must examine the products on arrival. If you are asked for your signature on delivery, you must examine the products before signing for it.
12.3. All products must be signed for by an adult aged 18 years or over on delivery.
12.4. Any dates quoted for delivering the Goods are approximate only.
12.5. We shall not be liable for any delay in delivering the products, however caused.
12.6. The products may be sent to you in instalments.
12.7. For Christmas deliveries, we recommend that you check our Website for the last date of delivery. However, we cannot guarantee delivery by 24th December.
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.
14.1. ISHA FOUNDATION cannot accept any liability for a failure to comply with instructions specifically stated on the Website. When you place an order to purchase a product from ISHA FOUNDATION your order represents an offer to us to purchase a product which is accepted by us by way of a dispatch note included when you receive your order. Any products on the same order which we have not confirmed as accepted in such dispatch note do not form part of the contract.
14.2. ISHA FOUNDATION endeavours to check the accuracy of the information on this site. However, ISHA FOUNDATION does not warrant that such information will be error free and the user acknowledges that information, products and services published on this web site may include inaccuracies and typological errors. If the goods do not on receipt by you substantially meet the description on this web site you are entitled to reject the goods and return them to us.
If you have a comment, concern or complaint about any products you have purchased from us,
16. INTELLECTUAL PROPERTY
16.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to ISHA FOUNDATION, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
16.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
16.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
16.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
16.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
16.6. Products sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
17. WEBSITE USE
17.2. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
17.3. We will not be liable to you if the Website is unavailable at any time.
17.4. We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
17.5. All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
17.6 Any prices and offers are only valid at the time they are published on the Website.
17.7. All prices and descriptions supersede all previous publications.
17.8 Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
17.9. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
17.10. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
17.11. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
17.12. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
17.13 You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
17.14. We reserve the right to disclose information to law enforcement authorities as we consider to be appropriate.
18.LIABILITY AND INDEMNITY
18.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
18.1.1. Death or personal injury resulting from our negligence
18.1.2. Fraud or fraudulent misrepresentation
18.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
18.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our Liability
18.2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
18.3. We will not be liable if the Website is unavailable at any time.
18.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
18.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
18.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
18.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
18.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
18.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
18.8.2. any loss of goodwill or reputation; or
18.8.3. any special or indirect losses; or
18.8.4. any loss of data; or
18.8.5. wasted management or office time; or
18.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the products even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 18.8.1 to 18.8.6, is strictly limited to the purchase price of the products you purchased.
18.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
18.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
19.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control
('Force Majeure'), which, without limitation, include:
19.1.1. Strikes, lock-outs or other industrial action
19.1.2. Shortages of labour, fuel, power, raw materials
19.1.3. Late, defective performance or non-performance by suppliers
19.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
19.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
19.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
19.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.1.8. Acts, decrees, legislation, regulations or restrictions of any government
19.1.9. Other causes, beyond our reasonable control.
19.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
19.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
20. THIRD PARTY RIGHTS
20.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
21.LINKING TO THE WEBSITE
21.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
21.2. Any agreed link must be:
21.2.1. To the Website's homepage
21.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
21.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
21.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists.
21.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
21.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
The type of information we will collect about you includes:
We will never collect sensitive information about you without your explicit consent.
The personal information which we hold will be held securely in accordance with our internal security policy and the law. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy, you should e-mail us (XXX) or write to us : <XXX>
23.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
23.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
23.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
23.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
23.5. All Contracts are concluded and available in English only.
23.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
23.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
23.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
23.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
24. GOVERNING LAW AND JURISDICTION
24.1. The Website is controlled and operated in the United Kingdom.
24.2. Every purchase you make shall be deemed performed in England and Wales.
24.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.