Terms - Old
Welcome to the Donna Ida website terms and conditions for use. These terms and conditions apply to the use of this website at www.donnaida.com. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
The www.donnaida.com website is operated by:
Independent Denim Company Ltd, a company registered in England and Wales, whose registered office is at:
Trinity Court, 34 West Street, Sutton, Surrey, SM1 1SH
Our company registration number is 8839720.
Our VAT registration number is 186788731.
Our contact details are as follows:
T: +44 (0) 7484 909150
Independent Denim Co Ltd collects personal data for orders, order history and to provide a personalised service for your shopping experience. By sharing your name, email address, phone number, address and date of birth, we can provide tailored marketing communications to you and provide comprehensive customer care.
Ecommerce data is stored by Shopify http://shopify.com, if you subscribed to our mailing list your data is stored in Mailchimp https://mailchimp.com which are GDPR compliant.
INDEPENDENT DENIM CO LTD orders are shipped through Royal Mail and DHL who are GDPR compliant.
INDEPENDENT DENIM CO LTD Personal Information provided by you in order to conduct appropriate anti fraud checks may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
INDEPENDENT DENIM CO LTD provides a ‘unsubscribe’ option with every communication. Customers may request that all personal and order history data is deleted by emailing email@example.com
INDEPENDENT DENIM CO LTD will not pass your data to third parties.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided. The Site is available only to individuals and others who meet the Donna Ida’s terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Donna Ida, whose applications are acceptable to Donna Ida and who have authorised Donna Ida to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. You may from time to time be given the possibility of making a Pre-Order Purchase for certain items. This will ensure that you receive this item in priority once the order has been delivered to Donna Ida. Donna Ida will only take Pre-Order Purchase orders for stock that has been scheduled for delivery by our factories. Your rights regarding Pre-Order Purchase are the same as those for any other purchase at Donna Ida. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock. Items received into stock may be pre-allocated to satisfy Pre-Order Purchase orders and customers making Pre-Order Purchases will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Pre-Order Purchase merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Pre-Order Purchase to your credit/debit card within seven days of being advised that merchandise has become unavailable. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period. Donna Ida does not store any of your credit card information.
Prices shown on the Site are in GBP or Euros and are inclusive of VAT at the applicable rate. All transactions will be charged in GBP. The amount stated in Euros is simply an estimate based on daily currency valuations. If you are a customer whose credit/debit card is not denominated in Sterling the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. Customers purchasing from outside the UK maybe charged additional Import duty or taxes at the point on entry. Costs will be invoiced to you directly from the courier or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
SALE PRICE ADJUSTMENT POLICY
Donna Ida is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your Donna Ida account in the form of a store credit, which will be valid for 12 months. We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and Donna Ida will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro debit cards, PayPal, LayBuy, Clearpay and Klarna and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon receipt of your order by INDEPENDENT DENIM CO LTD. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Donna Ida, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using SagePay, a secure online payment gateway that encrypts your card details in a secure host environment. To help ensure that your shopping experience is safe, simple, and secure, Donna Ida uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
Donna Ida Virtual Gift Cards are sold subject to the following terms and conditions:
▪ Gift Cards are valid indefinitely.
▪ Gift Cards can be redeemed against all products on www.donnaida.com
▪ Gift Cards are non transferable and may not be returned or redeemed for cash.
▪ If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page.
▪ If your order exceeds the value of the Gift Card, the remaining balance must be paid by credit or debit card, unless you have existing Store Credit on your account, in which case the Store Credit will be redeemed for the remaining balance of your order. If the remaining balance exceeds the value of your Store Credit as well, you must pay the remaining balance by credit or debit card.
▪ If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
▪ Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
▪ Donna Ida is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
▪ Donna Ida is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
▪ Donna Ida reserves the right to cancel a Gift Card if we deem such action necessary.
▪ Promotion codes cannot be applied to the purchase of Gift Cards
▪ Sales tax and shipping is applicable on any products purchased with a Donna Ida Gift Card.
INSURANCE AND DELIVERY
Donna Ida insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Donna Ida, and transfer of responsibility in the same way. Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Donna Ida are not responsible for any delays caused by destination customs clearance processes.
RETURN & EXCHANGES
If you are a customer based in the EU, you have the right to cancel your order with us under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs).
CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS
If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice within seven working days of receipt.
▪ You must notify customer care in writing of your wish to cancel the contract for your entire order under the DSRs within seven working days of receiving your items. Either email firstname.lastname@example.org or write to us at: Notice of Contract Cancellation,
Independent Denim Co Ltd, 2nd Floor, Old Inn House, 2 Carshalton Road, Sutton, Surrey, SM1 4RA
▪ On receipt of your notice of contract cancellation, we will email you a Returns Merchandise Authorisation (RMA) number.
▪ We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them. We also recommend that you use a secure, trackable means to return your order to us at Donna Ida, Unit 23 Easter Park, 15 Benyon Road, RG7 2PQ and that you retain proof of sending, in case of a dispute.
▪ Please note that you must cover the cost of the return shipment, as our free collection service does not apply to orders cancelled under the Distance Selling Regulations.
▪ All items must be returned unused, in their original condition and from the country that the order was delivered to.
▪ We will refund the full value of your order, including shipping costs, within 30 days of receiving your notice of contract cancellation. If we do not receive the cancelled order, we will arrange to have it collected from you at your cost. Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within seven working days of receiving the order, as described above.
If something is not quite right please contact our stylists 24/7 for advice on size and fit and we will help you find the perfect piece.
Sometimes, despite our best efforts, our products can be faulty. For this reason we suggest you keep your receipt. We are very happy to replace/credit/refund where items are faulty. We require (1) proof of purchase (2) a clear description of the fault (3) return of the merchandise in order to process your return. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you have received an item as a gift, you may exchange it for a store credit to your Donna Ida account (you will need to register your details). The amount is automatically deducted from your next purchase and will be valid for one year. Please be aware that you may need to pay any cost difference, additional shipping, taxes and import duties.
An RMA number should be requested within seven days of receiving your order. You should then return your item(s) within 14 days of receiving this number. Returns outside these timeframes may be accepted at the discretion of Donna Ida and may only be refunded as a store credit.
RECEIVING A REFUND
Your refund will either be credited to the original purchaser's credit card or Donna Ida Store Credit account and will include shipping costs for faulty items or for orders cancelled under the DSRs only. Shipping costs will not be refunded for items returned using our free returns service. If your order has been sent to a destination within the EU, all sales taxes will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through Independent Denim Co Limited. However, you may be able to recover these by contacting your local customs bureau directly. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned merchandise. Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
▪ All items are quality controlled and checked for any faults before they are dispatched to customers.
▪ Should you receive an item that is not in perfect condition please contact us immediately at email@example.com or +44 (0) 7484 909150
▪ Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
▪ Items should be returned in their original packaging to ensure they are adequately protected in transit.
▪ Free returns do not apply to items returned from a different country to the original shipping destination or to orders cancelled under the DSRs. You may return the goods for a refund by any secure means. Our address for all returns is Donna Ida, PO Box 3250, Reading, RG1 9LT and we request that you contact us at firstname.lastname@example.org in relation to such returns.
Items should be returned new, unused, and with all Donna Ida and/or designer garment tags still attached. Returns that are damaged, soiled or altered may not be accepted and may be sent back to the customer. Please email us at email@example.com if any of your purchases have been delivered without Donna Ida tags.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Donna Ida and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Donna Ida tries to ensure that the information on this site is accurate and complete. Donna Ida does not promise that Donna Ida's Content is accurate or error-free. Donna Ida does not promise that the functional aspects of the Site or Donna Ida’s Content will be error free or that this Site, Donna Ida Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. Any contributors opinions expressed on www.donnaida.com are the personal opinions of the authors and do not reflect the views of Donna Ida. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to Donna Ida a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72hrs to be displayed but Donna Ida does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail firstname.lastname@example.org. Donna Ida reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site. The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Donna Ida and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than Donna Ida, including advertisers. Donna Ida has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In England these include:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents. Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above). If Donna Ida breaches the TOS we shall only be liable for losses, which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, you and Donna Ida at the time of you placing your order, and Donna Ida dispatching your order could contemplate them. We shall only be liable for losses up to 150% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us Donna Ida harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Donna Ida as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Donna Ida, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.