1.INFORMATION ABOUT US
1.1 We operate the website www.scorpiosbazaar.com. We are Ilumina Group Ltd t/a Scorpios Bazaar, a company registered in England and Wales under company number 12269621. Our registered office is Ground Floor, Charles House, 5 - 11 Regent Street, London SW1Y 4LR and main trading address is United House 9 Pembridge Road, London, W113JY.
Our VAT number is GB351101948.
2.PRODUCTS AND AVAILABILITY
2.1 While we make every effort to ensure that the photographs displayed on our site are faithful reproductions of the original products, including adopting every technological solution possible to minimize inaccuracies, variations may occur due to the technical and color resolution characteristics of your computer and the handmade nature of the products. Ilumina Group Ltd t/a Scorpios Bazaar shall not be liable therefore for the eventual inadequacy of the graphic representations of Scorpios Bazaar products displayed on the Site owing to the above mentioned technical and production issues.
2.2 You acknowledge that the products offered by us with the Service are subject to stock limits.
2.3 You may check the availability of any item offered on our site at any time by checking the sizes available. Any size with a line through it has sold out. Inconveniences may occasionally occur regarding the availability of certain products. In such circumstances, we will inform you of this fact as soon as possible (and in any case within the term of delivery as specified below) by e-mail or telephone. We will give you the option to order a different item of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit/debit card. In the event that your credit/debit card has already been charged, you will be refunded as soon as possible.
2.4 We reserve the right to change the items offered on our site at any moment, without prior notice.
2.5 We reserve the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a prior order. This applies equally to all cases in which we consider the customer unsuitable, for instance in the case of previous violations of terms and conditions for online purchases on our site or for whatever other legitimate reason, especially where the customer has been involved in irregular activity of any kind
3.USE OF OUR SITE
Please take the time to read these, as they include important terms which apply to you.
4.HOW WE USE YOUR PERSONAL INFORMATION
5.1 You may only purchase Products from our site if you are at least 18 years old.
5.2 You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6.HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 The order procedure is completed when you select the “Confirm” option. Upon confirmation, your order will be submitted to us for processing and the order may not be changed or canceled except as expressly provided in these Terms and Conditions or as required by the applicable law.
6.3 Confirmation of your order will be taken as proof of your acceptance of the provisions contained in these Terms and Conditions.
6.4 The data recorded on the Site shall be treated as conclusive evidence of the details of the transactions between you and us. In the event of a dispute relating to a transaction conducted on our site, the data recorded by us shall be treated as legal evidence of the transaction.
7.OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances: 7.1.1 changes in how we accept payment from you; 7.1.2 changes in relevant laws and regulatory requirements; and 7.1.3 Any other reasonable circumstances. 7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. 7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the outset of these Terms and Conditions.
8.YOUR RIGHT OF CANCELLATION
NOTE: This clause 8 only applies if you are a consumer and if you are a UK or European Community citizen. If you are purchasing Products from outside of the European Community please see clause 10 below.
8.1 You have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product or Products, you can notify us of your decision to cancel the Contract and receive a refund. If you are a UK citizen advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office. 8.2 However, this cancellation right does not apply in the case of any made-to-measure or custom- made products and/or products made to your specification or clearly personalized. 8.3 Your legal right to cancel a Contract starts from the date of the order confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Product. Working days means that Saturdays, Sundays or public holidays are not included in this period. 8.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to or by sending a letter in either case headed ‘Notice of Contract Cancellation ‘to Ilumina Group ltd t/a Scorpios Bazaar, United House 9 Pembridge Road, London, W113JY or email us at email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. 8.5 [If you refuse delivery or if for any other reason delivery of the Product does not occur then the Product will be returned to us by our shipper and we shall assume less you advise us to the contrary that you have canceled the Contract.] 8.6 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the Product and will be liable for damage to them until we actually receive them at our warehouse. We also recommend that you use a secure, trackable means to return your order to us. Product the subject of cancellation must be shipped to C/O Scorpios Bazaar, Haul and Store Ltd Unit 17, Admiralty Way, Camberley GU15 3DT, Surrey, United Kingdom. You should retain proof of sending, in case of a dispute. 8.7 Please note that you must cover the cost of the return shipment, as our returns policy does not apply to orders canceled under the Distance Selling Regulations. 8.8 Product should be returned to us with their original packaging and footwear must be tried on carpeted surfaces only. Product must be unused, unworn and in an unaltered condition. Product must be sent from the country that the order was delivered to. 8.9 Subject to compliance with clause 8.8 above will refund the full value of your order, minus shipping costs, within 30 days of receiving your notice of contract cancellation. 8.10 Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you received you order, as described above.
NOTE: For the avoidance of doubt if you are ordering Product from outside of the European Union (EU) please carefully read the Note at the beginning of Clause 8 which explains that no right of cancellation applies to you. Your only rights to return Product are set out in this clause 9.
9.1 You must upon receipt immediately check all Product you receive against your order. If the Product you receive is damaged, defective or in any way incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post or e-mail only) as soon as possible but in any case within a reasonable period of time. Product must be returned with its original packaging and footwear must be tried on carpeted surfaces only. Product must be unused, unworn and in an unaltered condition.
9.2 We may also agree to allow any Product not falling within the above to be exchanged once following purchase subject to the requirements set out in clauses 9.3 and 9.4 below.
9.3 To return a product, please follow our Return Policy, located here. Use of the Website indicates your acceptance of our Return Policy.
9.4 Any return must be made in a single delivery shipment and any fragmented returns may incur additional costs payable by you to us. It is imperative that you follow our instructions for the return of your items and that all goods are shipped back to us within 14 days of delivery.
9.5 If you have purchased Product from us from outside the EU you are wholly responsible for the payment of all taxes and duties on any supply of Product. We cannot under any circumstances refund such taxes/duties. You must deal with this application directly with the appropriate authority. Additionally, any returns of Product from outside the EU, will incur a return shipping charge which shall be deducted by us from your credit/debit card.
9.6 We recommend that you retain proof of sending, in case of a dispute.
9.7 Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged or degraded on return.
9.8 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.
9.9 This returns policy does not affect your legal and statutory rights.
10.PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 Our site contains a large number of Products. It is always possible that, despite our efforts to the contrary, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or alternatively you may cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as canceled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.2 UK VAT is applied to all orders shipping to the EU. The prices shown on this website are inclusive of UK VAT. 10.3 Sales made to customers outside of the EU are dealt with in clause 11 below.
11.INTERNATIONAL SALES AND DELIVERY
11.1 We ship DDP (delivery duty paid) to all destinations. Product prices displayed on our website are inclusive of UK VAT.
11.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12.1 Your order will be fulfilled within one working day of receipt. If we receive your order before 16:00 London local time UK, it will be processed and shipped that same working day unless there is an Event Outside Our Control. (This phrase is this defined below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Estimated delivery times by country can be viewed here.
12.2 Delivery will be completed when we deliver the Products to the address you gave us.
12.3 Please make sure that the shipping address is correct as we’re unable to change this once an order has been placed.
12.4 Before we can dispatch your order, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum.
12.5 We insure each purchase whilst in transit and until it is delivered to you. 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 fulfillment by us and transfer of responsibility in the same way.
12.6 DHL can deliver to certain destinations without obtaining a signature. Please note, that if you choose this option and no signature is collected, either leaving in a safe place or with a neighbor, you agree to our terms and conditions and, confirm that Scorpios Bazaar can leave your package(s) outside the premises at the shipping address provided by you or with a neighbor without obtaining a signature for proof of delivery and 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.
13.HOW TO PAY
13.1 You can pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Mastercard, Maestro, American Express. We also accept payment via PayPal.
13.2 Payment for the Products and all applicable delivery will be charged in advance.
14.OUR LIABILITY IF YOU ARE A CONSUMER
14.1 This clause 14 only applies if you are a consumer.
14.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We do not in any way exclude or limit our liability for:
14.5 death or personal injury caused by our negligence;
14.6 fraud or fraudulent misrepresentation;
14.7 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.8 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.9 defective products under the Consumer Protection Act 1987.
15.EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: 15.4 we will contact you as soon as reasonably possible to notify you; and 15.5 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail. 16.2 If you are a consumer: 16.3 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an email to firstname.lastname@example.org or by sending a letter to Ilumina Group ltd t/a Scorpios Bazaar, United House 9 Pembridge Road, London, W113JY. In either case headed ‘Notice of Contract Cancellation.’ 16.4 OR please contact us by email at email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. 16.5 If you wish to contact us in writing for any other reason, you can send this to us by email at firstname.lastname@example.org or by pre-paid post to Ilumina Group ltd t/a Scorpios Bazaar, United House 9 Pembridge Road, London, W113JY. 16.6 If we have to contact you or give you notice in writing, we will do so by e-mail, by pre-paid post to the address you provide to us in your order, or by phone.
17.OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of your Contract to the recipient of the gift without needing to ask our consent. You must however tell us in writing (which shall include email) that you have done this.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient by you of your gift of a Product will have the benefit of a Contract made between us and the original purchaser, but neither we nor you will need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17.8 We will not file a copy of the Contract between us.