Terms of Service
Dated: 24th February 2021
These Terms and Conditions are only valid for online purchases.
Your Agreement with Us
Strawberries and Cream (‘We’, ‘Us’, ‘Our’) is the trading name of The Big Raspberry Co. Ltd, registered in England and Wales with company number 10381078 and registered office located at Seymour Mews House, 26-37 Seymour Mews, London, England, W1H 6BN.
By placing an order on strawberriesandcream.com, You agree be bound by the following terms and conditions of sale (‘Agreement’).
1. Sale and delivery of Strawberries and Cream products
Please note that products added to the basket or saved to Your wish list are not reserved to You and, unless bought by You, might be sold to other customers.
From time to time, we may offer for sale products on a pre-order basis. These may include personalised products, products which are shown as being out of stock or products from our exclusive or premium selection. To place such order, please contact us at info@strawberriesandcream.com.
Strawberries and Cream reserves the right to refuse an order to buy one or more products from Us or to cancel Your order in the following circumstances: (i) if We detect or suspect any fraud; (ii) if We suspect that the product(s) is ordered by a non-individual buyer such as when a bulk order is placed; or (iii) if Your payment card is refused or declined.
Strawberries and Cream accepts different payment methods, including Mastercard, Visa, American Express, Google Pay and Apple Pay, however, We never hold, process or store Your payment details. When You save Your debit or credit card details for future purchases (this option is only available when You create an account with Us), these will be collected and safeguarded by Shopify. Our Privacy Policy explains how Your personal data and payment details are protected when You shop with Us.
Unless stated otherwise on the product page, the price of the products as displayed on Our website is inclusive of VAT.
We currently deliver to the United Kingdom and Europe. For international deliveries, please contact info@strawberriesandcream.com and we will make our best to accommodate your request.
Delivery to mainland Europe can be expected within 3 to 4 business days.
It is Your responsibility to pay any such additional taxes, charges, fees, levies, import duties or customs entry fees as We have no control nor We are responsible over these and cannot communicate them to You beforehand, as these vary from country to country.
If You are unsure about potential surcharges, please contact Your local customs office before purchasing any of Our Product(s).
For more information about Strawberries and Cream’s delivery please visit our FAQ page.
2. Use of the Strawberries and Cream website and Our Content
All information, images, music, videos, audio-visual material, graphics, words, phrases, marks, names, logos, code, clips or GIFs made available by Us on strawberriesandream.com, Our social media channels or otherwise distributed by Us are owned by The Big Raspberry and/or its group companies and/or its business partners (‘Content’).
You represent and warrant that You will not use our Content: (i) in breach of any applicable laws, regulations or the rights (including intellectual and privacy rights) of any third party; or (ii) in any manner which is or is intended to be unlawful or fraudulent.
By accessing the Strawberries and Cream website (desktop or mobile version), You agree that You will not: (i) use it for any purpose other than as expressly permitted by this Agreement; or (ii) copy, adapt, modify, reverse engineer, decompile, disassemble, otherwise tamper with, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit any software embedded in Our website.
By tagging Your social media posts and/or social media images (including their captions) with the hashtag #strawberriesandcream_fashion (‘Posts’), You warrant that: (i) You own all rights in all information and material in such Posts, including, without limitation, Your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, photographs, code, videos, clips, GIFs and moving images (together ‘UGC’); (ii) where applicable, You have obtained permission from any person(s) identifiable in UGC to grant the rights specified in this clause, or where those person(s) are aged 18 years or under, You either: are the parent or legal guardian or such identified person(s), or have obtained the express consent from a parent or legal guardian of such identified person(s) to their appearance in UGC and to You submitting UGC to Us; (iii) Your use and our use of UGC will not infringe the rights of any third party or breach any applicable law or regulation.
You grant us a royalty free, perpetual, irrevocable - unless You tell us otherwise - transferable, worldwide licence (including the right to sub-licence) to use, publish, edit and remove UGC in our sole discretion and on any media, for any purpose, including to advertise our products.
You hereby unconditionally and irrevocably waive (or procure the same from any third party, where applicable) any and all moral rights and any other similar rights in connection with our usage of UGC.
You agree that the personal data that we collect from UGC will be treated in accordance with our Privacy Notice and the terms of this policy.
You shall indemnify and hold us harmless and any person acting our behalf from any and all claims, demands, costs, liabilities, damages and expenses (including reasonable legal fees) which we may incur in connection with the use of UGC.
3. Contacting Strawberries and Cream
For any enquiries about our products and services, You may contact Us at: info@strawberriesandcream.com
For data protection enquiries You may contact us at:
dataprotection@strawberriesandcream.com
4. Returning Strawberries and Cream products
If You change Your mind let us know within 14 days.
If you are living in the United Kingdom or in the European Union, You have the right to cancel Your order for no reason within 14 days from the date when the order is delivered to You.
In accordance with the Consumer Contracts Regulations 2013, we will only refund standard delivery charges if the entire order is returned.
If You have requested a refund in relation to product(s) purchased as part of Your Order(s) from Us, please allow 14 calendar days after the day on which We receive Your returned product(s) or the day on which You provide Us with proof of postage of Your returned product(s), whichever is earlier.
Your right to return products does not apply to goods made for your specification (including made-to-measure orders and fabric cut to your specification), or that have been clearly personalised.
If you want to exchange Your product after 14 days from the date of delivery.
If Your discretionary return is not made within 14 days, We may still accept it (provided that the products are returned within 30 days from the date when they were delivered to You), in exchange for another product of the same value.
All products come with a label attached. Please do not remove the label or relevant seal from the purchased products in the event you want to return it.
In the instance you decide to exchange your products, Strawberries & Cream will not accept products returned without the relevant label or seal or have been altered from their original status i.e. worn, damaged, un-scented etc.
Strawberries & Cream reserves the right to refuse an exchange on items deemed altered from their original status.
If the products are defective
If You discover that Your products are faulty, We will refund Your purchase if the products are returned to Us within 30 days from the date of delivery. If Your return is not made within 30 days, We will try to replace or repair the products (provided that the products are returned within 6 months from the date when they were delivered to You). If this is not possible, You will receive a Strawberries and Cream gift card as Your refund.
How to return Your Products
We suggest you obtain proof of posting when returning items. We cannot be held responsible for items that fail to reach us, and we cannot refund goods which we have not received.
If you wish to return or exchange an item please send the items to the below address:
Seymour Mews House
26-37 Seymour Mews
London
W1H 6BN
5. Legal terms
Without prejudice to the mandatory statutory rights which may apply to You, You agree:
Our liability to You
That We will not be liable for any indirect or consequential losses. In relation to any order, Our aggregate liability to You shall in no event exceed the price of the product(s) that You have purchased. Notwithstanding the foregoing, nothing in Our Agreement shall limit or exclude Our liability to You for: (i) death or personal injury; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited under English law.
Your liability to Us
To indemnify Us fully from and against all claims, liabilities, damages, losses, costs and expenses (including legal fees and costs) arising out of any breach of Our Agreement by You or any other liability arising out of Your use of Our website by any person using Your account number and/or password.
Severance
If any provision of Our Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, without affecting the validity and enforceability of the rest of Our Agreement.
Variations to Our Agreement
From time to time We may update Our Agreement, with or without notice to You. We suggest that You regularly check this webpage and print a copy of the latest version of Our Agreement for Your reference. When We make changes to Our Agreement, they will apply to any subsequent Orders received. We reserve the right to modify or withdraw Our website at any time without liability to You.
Events Outside Our Control
We will not be liable for any failure to perform, or delay in performance of, any of Our obligations under Our Agreement that is caused by events outside Our or Our service providers’ reasonable control (“Force Majeure Event”). A Force Majeure Event includes, without limitation, the following: (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (iv) impossibility of use of any means of transport; (v) impossibility of use of public or private telecommunications networks; (vi) acts, decrees, legislation, regulations or restrictions of any government which adversely impact Strawberries and Cream’s performance under Our Agreement.
Strawberries and Cream’s performance under Our Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period.
Law and jurisdiction governing our Agreement
Our Agreement will be interpreted and governed in accordance with English law. The courts of England and Wales will have exclusive jurisdiction in resolving any dispute arising out of or in relation to Our Agreement.
Notices
All notices given by You to Us shall be sent to The Big Raspberry Co. Ltd, registered in England and Wales with company number 10381078 and registered office located at Seymour Mews House, 26-37 Seymour Mews, London, England. We may give notice to You at either the email or postal address You provided to Us when placing an order or creating Your account. Notice will be deemed received and properly served: (i) immediately when posted by Us on Our website; (ii) 24 hours after an email is sent; or (iii) 3 days after the date of posting any letter, provided that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.