TERMS AND CONDITIONS
This website, www.ariella.com (the “Site”) is owned and operated by Ariella Fashions Limited, a company registered in England and Wales under company number 01429782 and with registered office Tuscan Studios, 14 Muswell Hill Road, Highgate, London N6 5UG (“Ariella”). Ariella’s VAT number is GB 849 0559 92.
Access to and use of this Site and the products and services available through this Site are subject to the following terms and conditions and notices. By contributing material or making an order you agree to be bound by these terms and conditions, as may be changed or updated by Ariella from time to time. Please check this page regularly to be aware of changes we may have made.
Ariella may withdraw or amend the Site, or restrict access to part or all of the Site, at any time without notice and shall not be liable if for any reason at any time all or part of the Site is unavailable for any period.
On our Site there may be links to other websites, which are not created or controlled by Ariella (the “Linked Sites”). If you access these Linked Sites please note that use of them will be subject to the terms and conditions of that site. Ariella has no control over the Linked Sites and accepts no liability for any loss or damage that may arise from your use of any Linked Site.
The intellectual property rights in all the fashion designs and all content and software made available on or through this Site, including all Site design, graphics, text, the arrangement thereof, and all software compilations, underlying source code and all other material on this Site, remains the property of Ariella or its licensors. All such rights are reserved.
You may electronically copy and print in hard copy portions of the Site for the sole purpose of using the Site as a shopping resource. Any other use, modification, republication, distribution or reproduction of fashion designs or materials on this Site without Ariella’s prior written permission, is strictly prohibited.
Except where expressly stated otherwise, all persons or third party trademarks, including their respective names and images, and all third party products and services featured on this Site are owned by the respective trademark owners and are in no way associated or affiliated with Ariella. Third party trade marks or brand names referred to on the Site are used solely to describe or identify the products and services and their use is in no way an assertion that such products or services are endorsed by or connected to Ariella. Please do not rely on the existence of such an association or affiliation. No permission is given in respect of the use of any of these names or titles. Any such use may constitute an infringement of the holders’ rights.
How you may Link to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link; from any website that is not owned by you; or in such a way that might suggest any form of association or endorsement on our part where none exists.
You are not permitted to create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
When you place an order on the Site you undertake that all details you provide are true and accurate and you Warrant that: you are legally capable of entering into binding contracts; you are at least 18 years old; and you are an authorised user of the credit or debit card used to place your order.
To place an order you first add the product(s) you wish to purchase to your shopping basket, then once you have created an account, or logged into your existing account, you enter your payment details where indicated and then finally submit your order.
Once your order has been submitted it constitutes an offer to Ariella to buy the products specified in your order on and subject to these terms and conditions.
When we receive your order, we will send you an Order Confirmation email acknowledging receipt to the email address which you have provided. This email will contain your order number and details of the goods ordered. Please note that this acknowledgement email is not acceptance by us of any offers to purchase goods.
We reserve the right to refuse any order prior to our acceptance.
All orders are subject to acceptance by us. Acceptance is confirmed when we send you an Order Dispatch email. This email will include details of the products ordered; confirmation of the taking of payment from your credit/debit card; and details of when the goods are being prepared for dispatch. The contract between us will only be formed when we send you the Order Dispatch email, whether or not you receive such email.
If we do not take payment in full from your credit/debit card we cannot accept your order.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Dispatch email.
The Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the ordered products will only pass to the customer when Ariella receives full payment of all sums due in respect of the products, including delivery charges if any.
Definition and colour accuracy of our products displayed on the Site will depend on a number of issues including your computer display settings. All sizes and measurements are approximate. All products are subject to availability. You will be informed as soon as reasonably possible if any products you have ordered are not available.
Vouchers & Discount Codes
Discount codes – We may from time to time offer Discount codes to account holders. These codes will only be applicable to the particular account it was offered to and to purchases made through that particular account.
Promotional discount codes – We may from time to time offer Promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Site.
Gift vouchers have a specified validity period and must be used by the date shown on the voucher. Ariella cannot accept responsibility for stolen or deleted gift vouchers.
Ariella will despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date if this is later. We cannot accept responsibility for any delays, regardless of how the delay is caused.
The Gift Voucher will be sent to the email address you provide therefore it is your responsibility to ensure the email address provided is correct. Ariella accepts no responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. It is the recipient’s responsibility to keep the voucher details safe.
Depending on settings, it may be possible that gift vouchers get caught in spam filters. It is the recipient’s responsibility to check these filters. Ariella accepts no responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
Refunds will be made using the same method originally used by you to pay for your purchase.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
While we aim to send all items purchased together, please note that if multiple items are purchased they may be packaged and dispatched separately, depending on the packaging particulars of each item.
We offer free Standard UK Delivery to all our customers receiving goods in the UK. The rest of the world has a standard delivery charge of £25.
For delivery within the UK we aim to deliver orders by the next working day of the Order Dispatch Email. For the Rest of the World delivery will depend on location but we still aim to deliver your order within 2-7 working days of the Order Dispatch Email.
We aim to process orders made before midday, and send you an Order Dispatch Email, on the very same day and orders placed after midday on the following day. However, orders placed on a Friday afternoon or a weekend won’t be processed until Monday at the earliest.
Your order will be fulfilled by the delivery date set out in the Order Dispatch email or, if no delivery date is specified, then within a reasonable time of the date of the Order Dispatch email, unless there are exceptional circumstances.
Unfortunately we cannot deliver on a bank holiday. In this instance please expect your delivery on the next working day.
We do not deliver to PO Box addresses.
Ariella will be happy to refund any item purchased from this Site, provided it is returned to us in a fully re-saleable condition within:
14 days of receipt in the case of full price items; or
10 days or 7 working days (whichever is longer) of receipt in the case of discounted sale items.
All purchases must be returned in un-used original condition, unmarked and in their original packaging. If you consider there to be a shortage in your order please contact us within 14 days of receipt of your order so that we can rectify your order appropriately.
Once the products are returned to Ariella’s distribution premises they are inspected to check that they are in a fully resalable condition. If satisfied, we then process the refund of the price of the product as soon as possible, in any event within 30 days of us receiving the returned product. Please be advised that you have a legal obligation to take reasonable care of the products while they are in your possession.
If returned goods are not in a fully saleable condition for reasons set out above, including but not limited to examples such as the garment has been worn or smells of perfume or has been dirtied or damaged, then no refund or exchange will be possible and the garment will be returned to you.
If you return goods later than the applicable period set out above and the goods are not defective then we may at our discretion accept a return of the products, however you may not receive a full credit in respect of the price you paid for the products and your refund may be by way of a credit note.
If you believe a product is defective or damaged prior to use please return the product to us as soon as possible after receipt of the said product. Please indicate on the Returns Form, which will accompany your goods, whether you would like a replacement or a refund for the product and return the form to us with the defective product. Once we have had an opportunity to inspect the product, if satisfied that there is indeed a defect, we will notify you of your refund or replacement via e-mail within a reasonable period of time.
We will usually process the refund due to you as soon as possible, or within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.
We will aim to deliver the replacement within 3 working days of the day we confirmed to you via e-mail that you were entitled to a replacement. Replacements are however subject to availability. If there is no stock of the particular item we will notify you by email and issue you a refund.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
• To return your item you must return it in an unused condition and in the original packaging with all the original tickets and labels attached, and with the original wrapping and box.
• All products purchased from the Site must be returned to our distributors using the addressed returns bag supplied to you with your order.
• Please complete and enclose the Returns Form, which accompanied your goods, in the original Ariella parcel.
• Take the parcel to the Post Office, and pay the necessary postage, in order to arrange shipment. It is your choice how you return the box to us but we advise you send it via recorded delivery insured for the value of the items enclosed. You should be issued with a receipt, which should be retained until the refund is processed. Until the goods reach us they are your responsibility.
• Please allow up to 10 working days for the Royal Mail to deliver your parcel back to our distribution centre. We aim to process all returns within 5 working days of receipt.
Please note that purchases made from the Site can only be returned by post directly to our distribution centre. They cannot be exchanged or refunded at any sale outlet store or concession.
We cannot accept returns for products purchased otherwise than via the Site.
Ariella warrants to you that any product purchased from us through this Site is of satisfactory quality and reasonably fit for its purpose. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased.
The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law Ariella and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, consequential, special, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect Ariella’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Events outside our control
Ariella will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract formed with a customer under these terms and conditions that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event is an act, event, omission or accident beyond our reasonable control, and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
During any period that the Force Majeure Event continues Ariella’s duties and performance under any contract formed with a customer under these terms and conditions is deemed to be suspended and we will have an extension of time for performance for the duration of that period. Ariella will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Material you submit
We may from time to time provide interactive services on the Site, including chat rooms, bulletin boards and areas on the Site where customers may submit their opinions or comments generally.
Where we do provide any interactive service, we will we will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and Ariella will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, Ariella is under no obligation to oversee, monitor or moderate any interactive service provided on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not.
These content standards apply to any and all material which you contribute to the Site (“Contributions”), and to any interactive services associated with it.
You must comply with the spirit of the following standards. The standards apply to each part of any Contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from Ariella, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
By submitting any material to us, you automatically grant Ariella the exclusive right and royalty-free license to use, reproduce, edit, publish, incorporate with other works in any form or media, translate, create derivative works from, modify, distribute and display such material, or part of it, worldwide.
Ariella is not obliged to publish any material submitted by users on any Ariella publication.
We advise you not to submit personal information about yourself or anyone else (telephone number, address or email address or other details that might allow you to be personally identified) on community areas of the Site. By submitting any material to us, you agree to use the Ariella community areas in accordance with these Terms and Conditions.
In certain circumstances Ariella may share your contribution with third parties.
You may use this Site only for lawful purposes. You must not misuse this Site. You will not: commit or encourage a criminal offence or use the Site in any way that is fraudulent or breaches any applicable local, national or international law or regulation; transmit or distribute a virus, worm or post any other material which is malicious or offensive, technologically harmful, in breach of confidence; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
You also agree not to reproduce, duplicate, copy or re-sell any part of this Site in contravention of the provisions of these terms.
Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Ariella may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Ariella reserves the right to delete any contribution, close or take action against any account, at any time, for any reason. This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of the Site.
If you do not want to grant Ariella the permission set out above on these terms, you must not submit or share your contribution on the Site.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.
You agree to indemnify, defend and hold harmless Ariella, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Site or your breach of these terms and conditions.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Ariella intends to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
Ariella is totally committed to protecting the privacy of our customers and visitors of our Site. We will not disclose information about you to third parties unless it is part of providing a service to you, such as arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling, or where we have your express permission to do so.
Ariella will not sell your personal information to any third party without your permission, excluding partners from whom you may have linked to our site.
We may use information held about you: to administer and maintain our records; for the purpose of research and statistical analysis and internal customer service monitoring; to verify your identity and to respond to any query that you may raise with us; to send you email communications from time to time regarding updates and changes to our services and any technical, administrative and legal notices important to our Site which we consider essential; to carry out our obligations arising from any orders you place with us; and to provide you with information, products or services that you request from us or which we think may be of interest to you.
Ariella may disclose information to a Court, regulatory body or law enforcement agency.
Payment information will be shared with banks to enable completion of transactions.
We may use personal information in order to conduct 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. This is done only to confirm your identity, your credit rating is unaffected.
Ariella may sometimes update you on our latest products, news and special offers via e-mail, post and/or telephone. You have the option to opt-out of receiving marketing communications from us. You can also click on the “unsubscribe” link in any email communications you may receive from us.
We may disclose aggregate, anonymised statistics about the number of visitors to this Site or number of purchases made as required by our investors. Both the cookies and the embedded code provide statistical information about visits to pages on the Site, the duration of individual page view, paths taken by visitors through the Site, data on visitors’ screen settings and other general information. Ariella uses and stores this type of information, as with that obtained from other cookies used on the Site, to help it improve the services to its users. We may use an independent measurement and research company to gather data regarding the visitors to this Site using cookies and code which is embedded in the Site. Further information regarding the way in which this information is obtained and used can be obtained by contacting us here.
Transfers of your Personal Information
Your personal information we collect may be transferred to, and stored at, a destination outside the European Economic Area. It may also be processed by staff operating outside the European Economic Area who work for Ariella or one of our suppliers. This may, for example, be required in order to fulfil your order, process your payment details or provide support services.
The transmission of information via the Internet is not completely secure which is beyond our control. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Disclosures of your Personal Information
We may disclose your personal information to any of our group of companies. We may also disclose your personal information to third parties: in the event that Ariella sells or buys any business or assets; if Ariella or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of Ariella, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Third party sites
Our site may contain links to and from the websites of our partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Checking your Details
If you wish to verify the details you have submitted to us you may do so by contacting us via the e-mail address or address given below. We require proof of identity, in the form of your e-mail address and password submitted upon registration, before we reveal information. You must keep this information safe as you will be responsible for any action we take in response to a request from someone using your e-mail and password. We would strongly recommend that you do not use the browser’s password memory function as that would present the risk of other people using your terminal to access your personal information.
Ariella Fashions Limited (at the address below) is the data controller for the purpose of the Data Protection Act 1998 (the Act).
You have the right to access the information held about you exercisable in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
If you have any questions or if you would like us to stop processing your information, please do not hesitate to contact us.
You can contact us on-line here.
Or write to us at Ariella Couture, Online Services, Ariella House, 94–96 Great North Road, London N2 0NL