Terms & Conditions of Sale
Oetker Collection Boutique is the trading name for Eden Being Limited.
Eden Being is a trading name of Eden Being Limited, a company registered in England and Wales under registration number 9498978. Our registered address is 6 Derby Street, London W1J 7AD, UNITED KINGDOM. Our VAT number is GB 219 88 65 59.
We may modify the TUS from time to time. Please read the TUS and check back often. If you do not agree to any change to the TUS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site, you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address: firstname.lastname@example.org. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify Eden Being immediately of any breach of security or unauthorised use of your account.
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. You will also be required to provide payment details that you represent and warrant are both valid and correct, and you must be able to confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet Eden Being’s terms of eligibility; who have been issued a valid credit/debit card by a bank acceptable to Eden Being; whose applications are acceptable to Eden Being; and who have authorised Eden Being 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. Products purchased by the buyer are for personal or gift use and should not be re-sold, or used for commercial purposes or any other commercial benefit. In addition, Eden Being reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and where Eden Being feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction) to authenticate your identity; to validate your credit/debit card; to obtain an initial credit/debit card authorisation and/or to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
Eden Being offers products for sale that are in stock and available for dispatch from our distribution centre.
Eden Being will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in GBP.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
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 Eden Being 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. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Eden Being.
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 TUS.
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.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the product or products have been returned to us.
We accept Visa, MasterCard, American Express, Maestro and JCB cards 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 dispatch of your order by Eden Being. You must be able to 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 Eden Being, 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 Adyen, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Eden Being user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, Eden Being 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.
INSURANCE AND DELIVERY
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
Eden Being 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 Eden Being, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
DHL can deliver to certain destinations without collecting a signature. If this option applies to your delivery address, you can update your preference on the shipping page at checkout before proceeding to purchase. Please note that if no signature is collected, you agree to our terms and conditions and confirm that Eden Being can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery and that you take full responsibility for any loss or damage that may occur. On occasion, DHL may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
Please note that we aim to dispatch all orders within 24 hours on week days (Monday to Friday), orders taken over the weekend and national holidays (including bank holidays) will be despatched within 24 hours following the next working day. Eden Being is not responsible for any delays caused by destination customs clearance processes.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
RETURNS AND EXCHANGES
Right to Cancel under the ICACRs:
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.
To exercise the right to cancel, you must inform us by letter to: Notice of Contract Cancellation, Eden Being, 6 Derby Street, London W1J 7AD or by email to: email@example.com.
For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than:
(i) 14 days after the day we receive back from you any of the goods supplied; or
(ii) (if earlier) 14 days after the day you provide us with evidence that the goods have been returned; or
(iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost.
You shall return cancelled orders to: Eden Being, 6 Derby Street, London W1J 7AD, without undue delay and in any event no later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.
You will have to bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.
For any returns or exchanges, please email firstname.lastname@example.org providing your name and order number.
We do not currently offer a standard exchange policy, but hope to do so in the future. If you wish to exchange your order, we ask that you return your unwanted item(s) and place a new order online.
Items should be returned unused and with all Eden Being and any labels or garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer, and a refund refused.
Where provided, any special packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
The items can be returned using our free return document which will be provided upon request.
You must request your return within 28 days of order receipt.
We cannot accept any returns of exchanges for bespoke or personalised products.
Skincare, suncreams, cosmetics and hair care must be returned unused, unopened, and in their original packaging otherwise, otherwise they will not be accepted. Please note that fragrance, nail polish and aerosols are final sale and may not be returned due to transport restrictions.
Briefs, swimming costumes and bikinis should be tried on over underwear, without removing the protective adhesive strip. Returns will not be accepted if this strip has been removed or if items are soiled, and will be sent back to the customer.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If your item is faulty when you receive it, you can return it for a refund. Simply return your goods to us using the returns process within 28 days of receipt.
If you discover a fault after this time, but within six months of purchase, you can still return the item(s). Where possible, we will offer to repair the item(s). If it cannot be repaired and the same product is still available, we will send you a replacement. If the same product is no longer available, you are entitled to a full refund.
Please be aware that we can only replace faulty products in the same size, subject to availability.
We have made every effort to display as accurately as possible the colours of our products that appear on Eden Being. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your Eden Being account.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site 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 Eden Being software and 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 Eden Being 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, and including all image rights, sounds, music, video, audio or text on this Site. Eden Being tries to ensure that the information on this site is accurate and complete. Eden Being does not promise that Eden Being's Content is accurate or error-free. Eden Being does not promise that the functional aspects of the Site or Eden Being's Content will be error free or that this Site, Eden Being 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 that they have up to date virus checking software installed.
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 Eden Being 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, data-mine 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 TUS, 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 Eden Being, including advertisers. Eden Being 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 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above). Nothing in the TUS 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 this Agreement is intended to affect your rights under the law (see "Your Rights" above).
If Eden Being fail to comply with the TUS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TUS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and Eden Being knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage 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 TUS 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, Eden Being, 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 TUS 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 Eden Being as a result of the TUS 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 Eden Being, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TUS 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 TUS.
COMPLAINTS AND GOVERNING LAW
If you have a complaint about us email email@example.com giving full details, including date of purchase and order reference number where applicable and your full name and address and contact details. The TUS together with all our policies and procedures will be governed by and construed in accordance to the English law and the relevant courts of England and Wales will have exclusive jurisdiction.