.:: IZMAYLOVA ::. Terms Of Use

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The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with IZMAYLOVA Ltd hereinafter referred to as “IZMAYLOVA” or ”we”, at Izmaylova Online (also referred to as the ”Website” or ‘Site’). Please read carefully and make sure you have understood the Terms and Conditions before placing any orders on our website.

By using this website and/or placing an order you agree to be bound by the terms and conditions set out herein (the ‘Terms”).

IZMAYLOVA is a trading name of IZMAYLOVA Ltd, a company registered in England and Wales under registration number 07074191. Our registered address is Leroy House 436 Essex Road. London N1 3QP. Our VAT number is 997443951.

We wish to draw your attention to our policies relating to the terms of purchase within the Terms and our Privacy Policy. If you are under 16 you must let your parent or guardian know about IZMAYLOVA's Privacy Policy before you register to use this Site or any of this Site's services. However, we reserve the right to only accept orders from those over 18.

We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on the website at the time you place your order. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

Any court proceedings brought in relation to these Terms must be heard within the United Kingdom. If you live in England or Wales the laws of England and Wales shall apply; if you live in Scotland, Scottish law will apply; if you live in Northern Ireland the laws of Northern Ireland will apply.

These Terms are only available in the English language.

REGISTRATION AND USE OF WEBSITE

To use some of the services or features made available to you on this Site you will need to register. You agree that the information you provide when you register on the Website is not misleading, true and accurate in all respects and you will notify our customer service team of any changes to that information immediately at the following email address customerservice@izmaylova.co.uk

Should any of your registration information change, please notify us immediately at the following e-mail address customerservice@izmaylova.co.uk. 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 IZMAYLOVA immediately of any breach of security or unauthorized use of your account.

IZMAYLOVA may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny your access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

The Website may include links to other websites or resources ("Linked Websites"). IZMAYLOVA has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, Izmaylova is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore Izmaylova will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.

Please refer to our Privacy Policy for information about how we use your data.

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 your 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 IZMAYLOVA terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to IZMAYLOVA, whose applications are acceptable to IZMAYLOVA and who have authorized IZMAYLOVA 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. IZMAYLOVA 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 authorize us to perform credit checks and where IZMAYLOVA 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 authorization and to authorize 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.

Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

The ordering options available to you are via telephone or our website. Please visit our customer service pages for further information.

Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If payment for an order is processed and if we have already accepted payment for the order, this will be refunded to your account or the card which you made payment.

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.

IZMAYLOVA will store a record of your transactions for a minimum of one year.

PRICING POLICY

Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site.

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 honored, except in cases of patent error.

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.

IZMAYLOVA may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.

Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

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 IZMAYLOVA 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 authorization 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 terms.

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

Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro debit 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 IZMAYLOVA. 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 authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to IZMAYLOVA, 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 PayPal, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered IZMAYLOVA 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, IZMAYLOVA 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 unauthorized access to any data you provide when accessing or ordering from the Site.

Order changes or cancellations

You cannot cancel or modify an order online once the checkout process has been completed. If there is a mistake in your order, please notify us immediately and quote your Order number so we can rectify any errors prior to processing your order.

INSURANCE AND DELIVERY

IZMAYLOVA 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 IZMAYLOVA, and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. IZMAYLOVA is not responsible for any delays caused by destination customs clearance processes.

Refund policies and procedures

Since the garment will be made specifically for you we cannot refund any portion of your payment or accommodate any exchanges or returns. Once your order has been submitted, our design department is unable to make any changes or modifications relative to style, size, materials, colour or length to an order.

All individual measurements are the sole responsibility of each IZMAYLOVA customer. We strongly recommend that you have your measurements taken by a professional seamstress, tailor or alterations specialist, for better accuracy of your individual measurements. If your garment was made in the measurements provided and it does not fit, IZMAYLOVA is not responsible for wrongly given measurements. IZMAYLOVA is also not responsible for alterations costs associated with wrongly given measurements.

All prices on our website are also based on standard sized garments that measure from a size 8 to 14. Due to the cost of extra materials and labour there will be an additional charge up to £500 for full figured sized garments that measure from a size 8 to 14. Please contact one of our experienced sales representatives to receive more information regarding our policies and procedures.

CANCELLATION ORDERS

COUTURE

We do NOT accept cancellations on special measurement garments, couture and black label pieces. All other charges are non-refundable including shipping, insurance, and any transaction fees. We will try to work with you on cancelled orders.

* Manufacturer defect means: the garment has been torn, faulty sewn hems coming undone, and blemish marks shown on gown only. Style of fabrics (i.e. polyester vs. silk), size, colour, or length of the garment are not considered manufacturer defects.

BLACK LABEL

SEMI COUTURE PIECES

These pieces are semi couture and they are made to measure. We do NOT accept cancellations on special measurement garments, couture and black label pieces. All other charges are non-refundable including shipping, insurance, and any transaction fees. We will try to work with you on cancelled orders.

READY TO WEAR

CANCELLATION ORDERS 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 7 working days of receipt. Notice of contract cancellation under the DSRs must be given in writing to: Notice of Contract Cancellation, Customer Care by email to customerservice@izmaylova.co.uk

For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to: IZMAYLOVA Leroy House, 436 Essex Road, London N1 3QP.

All items must be returned unused and in their original condition, from the original delivery country.

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 at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, 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 7 working days of receiving the order, by email or post as described above.

Our policy

Items should be returned unused and with all IZMAYLOVA garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.

Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.

FAULTY GOODS

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 you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on IZMAYLOVA. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.

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 IZMAYLOVA 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 authorized by IZMAYLOVA 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.

CONTENT

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. IZMAYLOVA tries to ensure that the information on this site is accurate and complete. IZMAYLOVA does not promise that IZMAYLOVA's Content is accurate or error-free. IZMAYLOVA does not promise that the functional aspects of the Site or IZMAYLOVA's Content will be error free or that this Site, IZMAYLOVA 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.

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 IZMAYLOVA 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.

YOUR ACTIVITY

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 Terms, 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 IZMAYLOVA, including advertisers. IZMAYLOVA 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.

YOUR RIGHTS

You have certain rights under the law. In England these include:

1. 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;
2. Certain remedies if a product is defective; and
3. 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 Terms is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us 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 Terms by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and IZMAYLOVA as a result of the Terms 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 IZMAYLOVA, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the Terms 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 Terms.

GOVERNING LAW

The terms 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.