Terms and Conditions

1.0 Introduction

These terms and conditions, hereinafter called “Terms of Service”, form the basis of the legal agreement under which Sofia Marino Ltd (“we”) will supply the customer (“you”) with the products and services ordered by you on the Sofia Marino website, sofiamarino.co.uk ("Website"). 

1. The Terms of Service published on our Website supplement (and are in addition to) the terms of our Privacy Policy which sets out what personal information we collect about you when you use our services or our Website.

2. Should you continue to use our Website you shall be deemed to have also read, understood and agreed to our Privacy Policy in its entirety.

3. Our Terms of Service shall apply to all users of our Website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or content contributors. By visiting our website and/or purchasing something from us, you agree and accept to be bound by the following: 

 

2.0 Supply of Goods & Services

2.1 We have taken reasonable precautions to ensure that prices quoted on our Website are correct and that all products have been fairly described. However, when ordering products or services through our Website, you acknowledge that:

    2.1.1 Orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on our Website;

    2.1.2 All prices are displayed in pounds sterling (£) and are inclusive of UK VAT unless expressly indicated otherwise; and

    2.1.3 Packaging may vary from that shown on the Website.

2.2 Product sizes are supplied by the garment manufacturer and we accept no liability for fit or description. The weights, dimensions and capacities shown on the Website are approximate only.

    2.2.1 Whilst we try to display the colours of our products accurately on our Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.

   2.2.2 All items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer you alternative product(s) or service(s) of equal or higher quality and value.

2.3 Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue our products or services (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of our products or services.

2.4 The products and services displayed on our Website are exclusive to us and are only available online through our Website. We therefore reserve the right to discontinue or modify them at any time, or limit the quantities of any Products or services that we offer.

2.5 Our products and services are subject to return or exchange only according to our Returns Policy as detailed in Clause 4.0 below.

2.6 We reserve the right to, but are not obligated to, limit the sales of our products or services to any person, geographic region or jurisdiction and we may exercise this right on a case-by-case basis.

2.7 Unless expressly stated otherwise by us in writing, all prices are exclusive of carriage and insurance.

2.8 All deliveries will be sent to the address as supplied on your order subject to payment of all charges by you and as specified on the order. Unless we agree otherwise in writing, all delivery dates are estimated dates which we will use reasonable endeavours to achieve. We cannot be held responsible for our courier failing to deliver for reasons such as no-one being available to sign for the delivery, failure to find the address or due other reasons out of their control, such as weather conditions, breakdown or accident.

2.9 Occasionally, the supply of raw materials for our product(s) or service(s) may be delayed or prevented for reasons beyond our control. For example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will make every effort to keep you informed but we shall be under no liability to you for such delay or failure.

 

3.0 International Delivery

3.1 Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside of the UK. We therefore reserve the right to define what can and cannot be delivered to certain destinations and jurisdictions.

3.2 International Payment – All purchases will be made in pounds sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card/bank account holders will be liable to pay.

3.3 Our products and services are sold on a delivery duty unpaid basis. The recipient may therefore have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.

 

4.0 Returns Policy

4.1 If you are not 100% satisfied with your purchase please contact care@sofiamarino.co.uk within 72 hours of receipt of the product to obtain a goods return number “GRN”. 

Standard products can be returned up to 14 days from the date of purchase, providing you have a copy of the original receipt and the item has not had the return ribbon removed or been worn or damaged. The product must be returned in the same condition and original packaging in which it was delivered. 

Unfortunately, some of our products and services are non-refundable and these orders cannot be cancelled once an order has been placed. These include:

  • Anything that has been made to your specific requirements, is personalised or otherwise cannot be resold due to a bespoke element;
  • Creative pieces that are specially commissioned when you place an order; and
  • Personal items sold with a hygiene seal (like face masks, snoods, earrings, cosmetics or underwear) where the seal is broken.

4.2 All items being returned shall be at the customers own cost and no refund can be claimed for carriage unless the product is faulty due to a manufacturing defect, whereupon your statutory rights to a refund or exchange are unaffected.

4.3 When returning any product(s), customers must retain the proof of postage certificate from the post office or courier and should have an insured value equal to the price you have paid. The proof of postage certificate must contain a tracking number relevant to the parcel. Once the parcel is received back in our warehouse it will be inspected and a refund will be made within two working days provided the product has not been used or damaged by you.

4.4 When returning an item for exchange or refund, customers must ensure that they pay for adequate insurance of the parcel, equivalent in value to the cost of the items contained therein. Failure to do so will result in the customer remaining liable for the parcel should it be lost in transit during the return. 

 

5.0 Faulty, Damaged, Incorrect Product and Non-Deliveries

5.1 In the unlikely event that our product arrives damaged or faulty, you must notify us within twenty-four hours of delivery by sending an email to care@sofiamarino.co.uk. Included in your email we will require a copy of the original receipt and photographs of the damage or fault with a short explanation of what you found damaged or faulty, if it is not obvious from the photograph provided.

5.2 If it appears that the product may have been damaged in transit please send us photos of any damaged packaging before removing the product from its packaging. 

5.3 Returns of incorrectly supplied products should also be notified to us at care@sofiamarino.co.uk within twenty-four hours of delivery. 

5.4 Provided you have notified us within the relevant time periods, we will provide you the option of either a refund or replacement. Refunds or replacements claimed outside of the relevant time period will be at our sole discretion.

5.5 The cost of collection and return of faulty, damaged or incorrectly supplied products from you shall be met by us.

5.6 Where faulty goods are returned to us for replacement, we reserve the right to credit or refund the price instead of replacing the product. Your statutory rights are not affected.   

5.7 You must notify us by writing to care@sofiamartino.co.uk of a non-delivery within one working day of the scheduled delivery date. We will then give you the option of a credit or a further delivery of the missing product. If you do not notify us within the stated time limit, we shall not be liable for the non-delivery.

 

6.0 Ordering

6.1 During the purchasing and checkout process, you will be asked to make your product selections and complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.

6.2 All card payments are subject to authorisation by your card issuer and we will only take payment when we accept your order. 

6.3 If we cannot supply you with the product or service you ordered, we will not process your order and we will inform you of this in writing by e-mail and refund any amounts debited from you.

6.4 The completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we confirm by email your order number and issue an estimated dispatch date.

6.5 Products shown and described on our Website may not always be in stock. In the event of this situation occurring an estimated delivery time will be provided, or an alternative product offered. It should be noted that delivery dates quoted are estimates and do not constitute a contractual obligation by us to provide garments by a certain date.

6.6 Gift Messages - If you order a product or service via our Website as a gift for a friend or relative, we may offer you the opportunity to add a gift message to your purchase. If you choose to use the gift message service, you acknowledge and agree that:

  • The gift message service is provided for your own personal and non-commercial use only;
  • The gift message you instruct us to send on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or which is otherwise unlawful or objectionable;
  • You are entirely responsible for the text and other content of your gift message and we have no liability for any such content and do not check for spelling or other such errors;
  • You acknowledge that we do not pre-screen messages, and that we may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift message; and
  • We reserve our right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.

 

7.0 Warranty and Exclusions.

7.1 We undertake that our products and services will, in all material respects, comply with any general description which we may have submitted to you, will be of satisfactory quality and reasonably fit for the purpose for which they were manufactured and intended, subject to normal usage and our care recommendations. Unless specifically stated otherwise, all products and services are for personal leisure purposes only and not for sports use.

7.2 Customers must follow the cleaning and care recommendations attached to the care labels in our garments and available on our website. Heavily embroidered and beaded garments including, for the avoidance of doubt, denim jackets MUST be hand-wash only and we will not accept any liability for damage that may be caused to the material, stitching, painting or beading due to improper care or cleaning by you. 

 

8.0 Liability and Exclusions 

8.1 To the fullest extent permitted by law, Sofia Marino Ltd nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of its Website or the information, content, materials or products included therein. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

8.2 The customer has a duty to ensure that it has the right and express permission of the copyright holder to reproduce the design/logo that it contracts us to reproduce. If subsequently an order you place with us gives rise to a copyright issue, you will be liable to cover the cost of any copyright claims that we may incur as a result of producing your order.

 

9.0 Website Usage & Security.

9.1 We use reasonable efforts to ensure that our Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of our Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use our Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by law, we shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via our Website.

9.2 Occasionally there may be information on our Website relating to the products or services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information relating to the product or services is inaccurate at any time without prior notice (including after you may have submitted your order).

9.3 If you have been provided with an account id and password to access private/member areas of our Website, you are responsible for maintaining the confidentiality of your password and account ID and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

 

10.0 Ownership and Intellectual Property Rights.

10.1 Any material, designs, artwork, ideas that you upload or email to us for digital set-up into embroidery file, or any designs produced for you by us will remain our property despite any fees we have charged. Embroidery and print design fees contribute to the cost of creating and digitising your artwork and the fee we charge represents less than 20% of the real cost. Any artwork we have developed for you will remain our property and you are not permitted to use this intellectual property to allow other companies or competitors to reproduce the design onto garments without our written permission.

10.2 Any disclosure, submission or offer made by you in respect of your order shall constitute an assignment to us of any intellectual property rights connected with your order unless agreed otherwise in writing by both parties.

10.3 You have a duty to ensure that you have the right and express permission of the copyright holder to reproduce the design/logo that you ask us to reproduce onto your garment(s). If subsequently an order you place with us gives rise to a copyright claim or issue, you will be liable to us for any costs incurred in dealing with such claims as a result of producing your order.

10.4 We reserve the right to refuse to reproduce any design that we suspect may be in breach of any Intellectual copyright and we are entitled to ask you as the customer for proof and evidence of your entitlement to use such design/logo before production begins.

10.5 From time to time, we may use pictures, artwork, designs or videos from other sources to show the types of service and products we can offer. We make no claim to own these images/videos and we do not imply we represent or work directly with any of the businesses they may be associated with, nor do we claim to have ownership of the content. These images/videos are simply used to show a service we can offer. We also use outside agencies to create content for our Website and social media platforms, these are done with appropriate care and due diligence to protect all parties. 

10.6 If you choose to make use of any feature that allows you to upload material to any of our social media and publicity platforms or our Website, including emailing any questions to us that you may have regarding our products and services via the public domain, you agree to comply with the content standards as set out below.

Submissions should not include:

  • Profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory content.
  • Comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others or comments about other reviewers or bloggers.
  • Remarks that repeat criminal accusations, false, defamatory misleading statements, or material which impersonates others.
  • Spam or advertising.
  • Third-party brand names or trade marks.
  • Personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers.
  • HTML code, computer script or website urls.
  • Availability, price, alternative ordering or delivery information.
  • Information about Sofia Marino Ltd its suppliers or manufacturers.
  • Any advertising or information about competitors or competing products or services. 

We reserve the right at our absolute discretion to:

  • Remove and not publish any submission made by you that contravenes these rules and to take any further action deemed necessary to prevent you from accessing our services at any time in the future, including for the avoidance of doubt any legal criminal or civil action deemed appropriate at the time.

10.7 We have no liability or responsibility for any third-party advertising displayed via our Website derived through social media networks or other similar sites. These advertisements are not endorsed by us.

10.8 The use of any content found on our Website, social media pages or in any of our corporate or publicity documentation, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without our written permission. Sofia Marino Ltd ©. All worldwide rights reserved.

 

11.0 Data Protection

11.1 The use and management of your personal data is important to us. In order to comply with GDPR regulations and UK data protection law we have set out comprehensive details of how we use your data in our Privacy Policy which can be found via the following link www.sofiamarino.co.uk/privacy

  

12.0 General Matters

12.1 Opening Times/Working Days - A normal working day is any day from Monday to Friday 9am - 5.30pm GMT except for Good Friday, Easter Monday, Christmas Day, Boxing Day and any other statutory bank or public holiday.

12.2 Working days may be affected by government intervention due to public health emergencies. In those instances, normal working days shall be regulated by the recommendations made by the government and we shall publicise our working capability and capacity on our Website as soon as practically possible.    

12.3 Severability - In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

12.4 Termination - The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.


If in our judgment you fail, or we suspect that you have failed, to comply with any term or provision as set out in our Terms of Service as set out above, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

 

13.0 Entire Agreement

13.1 Any failure by us to exercise or enforce any right or provision of our Terms of Service shall not constitute a waiver of such right or provision.

13.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and governs your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

13.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

14.0 Changes to Terms of Service 

14.1 You can review the most current version of the Terms of Service at any time on this page.

14.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

15.0 Governing Law 

Our Terms of Service and any separate agreements whereby we provide you with products or services shall be governed by and construed in accordance with the laws of the United Kingdom, England and Wales.

 
16.0 Contact
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Questions about the Terms of Service should be sent to us at legal@sofiamarino.co.uk.