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Terms and Conditions

166 Portobello Road Limited - Eldon Cashmere/Portobello Cashmere Online Terms and Conditions

Eldon Cashmere and Portobello Cashmere website are owned by 166 Portobello Road Limited

 

  1. HOW TO CONTACT US AND GENERAL INFORMATION ABOUT US

This website, www.portobellocashmere.co.uk or any subsequent URL which may replace is operated on behalf of 166 Portobello Road Limited, company number 12889183, registered at 42 Leinster Gardens, London W11 2EB.  Our trading names include, amongst others Eldon Cashmere and Portobello Cashmere.  Our VAT registration number is GB 367 824 950.  We can be contacted by email on info@thecashmereclub.co.uk or calling us on +44 (0) 07768 366552

             

  1. DEFINITIONS

The following definition shall apply to these Terms and Conditions

"We", "Us", "Our etc.", "Eldon Cashmere", "Portobello Cashmere" means we are referring to 166 Portobello Road Limited.  When we refer to you, we are referring to you, the customer.

"UK" means United Kingdom, being England, Wales, Scotland and Northern Ireland

"EU" means European Union member state, which no longer includes the UK.

"Non EU" means all other countries that is not an EU member state or the UK.

"Services",  "Platform" and "Websites" means any digital ways of accessing the Eldon/Portobello Cashmere Store and includes the websites located at

www.portobellocashmere.co.uk and

www.eldoncashmere.com or any other URL which may replace.

"Order" means an online transaction made by you via the website for one or more products, to which these Terms and Conditions apply.

"Goods" means the products (including but not limited to, clothing, accessories etc) which we make available for sale through the Website from time to time.

"Personal Information" means the details you provide to us when you use the website, such as your name, billing address, delivery address, telephone number,  e-mail address,  product selection, credit card or other payment information and a password.

"Product" means a product displayed for sale on the website.

"T&C's" means these Terms and Conditions

"Event Outside Our Control" means any act or event beyond our reasonable control including without limitation, Government Lockdowns, Strikes, Lock-Ours or other industrial actions by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, threat or preparation of war (whether declared or not), storm, fire, explosion, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications, impossibility of the use of transport - such as railways, shipping, aircraft, motor transport of other means of public or private transport

 

  1. GENERAL

Access to and use of this website and the products and services available through this website (collectively, the “Services” or 'Platform) are subject to the following term, conditions and notices (the “Terms and Conditions”). By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us regularly.

The website may also contain links to other websites , which are not operated by Eldon Cashmere/Portobello Cashmere (166 Portobello Road Ltd) (the “Linked Sites”). 166 Portobello Road Limited has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked Sites will be subject to the terms of use and service contained within each Linked Site.

You must not establish any link to the Website or other Platform to suggest any form of association, endorsement or approval on our part where none exists or establish a link from any website that is not owned by you. The Platforms must not be framed on any other site, and you may not create a link to any part of the Platforms other than the home page.

While we endeavour to verify the accuracy of any information we place on the Platforms, we make no warranties (whether express or implied) in relation to its accuracy

If you have any queries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experience technical problems while using this site, please send an email to info@thecashmereclub.co.uk.

 

  1. PLACING AN ORDER ONLINE 

The services provided are solely for personal use. To place an Order on the website you must be at least sixteen (16) years old. You may not use the Services for any commercial purpose.

When you order Goods through the Website, these Terms will apply to that Order.  As part of the ordering process you will be asked if you accept these Terms, so please read the Terms carefully before you press "I Accept". If you do not accept the Terms, then you will not be able to order any Goods through our Website.

If we accept your Order, these Terms will form the basis of the Contract between us.  It is your responsibility to ensure that the details of your Order are correct and accurate and that you provide us with all the information relevant to your Order. We shall not be responsible for any errors you make when inputting or submitting your Order.

The Contract is the entire agreement between us in relation to its subject matter.  You acknowledge that you have not relied on any statement, promise of representation or assurance or warranty that is not set out in the contact.

 

  1. HOW THE CONTRACT IS MADE BETWEEN US

When you place an Order through the Website, you are offering to buy those Goods from us.

If you accept your Order, you will receive an email that acknowledges your Order: this email will only be an acknowledgement and will not constitute acceptance of your Order.

We take payment from your card, when we process your order and have checked your card details. If we are unable to supply the goods for any reason, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the Goods.

A Contract between us will not be formed until we send you a confirmation email that all Goods that you ordered have been dispatched to you. Only those Goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

If we are unable to supply you with the Goods, for example, because the Goods are not in stock or are no longer available, or because of an error in the price on the Website, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Goods, we will refund the full amount of your payment if you do not wish to order alternative Goods from us or, in the case of a pricing error, order the Goods at the correct price

 

  1. OUR GOODS

Whilst we display images of the Goods on the Website, these images are for illustrative purposes only. We will do what we reasonably can to make sure that the images are a fair representation of the Goods. However, we cannot guarantee that your computer's display of the colours accurately reflect the colours of the Goods. You should also note that images of the Goods on the Website may not be representative of the actual size of the Goods.

For the purpose of the Contract, the quantity and description of the Goods will be set out in the Confirmation.

We reserve the right to alter the Goods or any relative specifications at any time. In such circumstances we shall notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish us to proceed.

We are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau. Nothing in these Terms will affect these rights.

If you have any questions or complaints about the Goods, please contact us on the details provided in section 1 (Information about us and how to contact us) of these Terms.

See the box below for a summary of your key legal rights in relation to the Goods. Nothing in these Terms will affect your legal rights.

 

Summary of your key legal rights

 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

 

The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. 

 

·     a) Up to thirty (30) days: if your Goods are faulty, then you can get an immediate refund.

 

·     b) Up to six (6) months: if your Goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.

 

·     c) Depending on the nature and your treatment of your Goods you may be entitled to a partial refund if your Goods do not last a reasonable length of time, which as noted is entirely subjective.

 

See also section 9 (Your Right To Cancel) of these Terms below.

 

 

  1. DELIVERY

 

We will deliver the Goods to you as soon as reasonably possible and in any case within thirty (30) days of the Confirmation, with the Goods to be delivered to the address state in the Confirmation.  However, please note that delivery may be affected by an Event Outside Our Control. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.

The Goods will be your responsibility from the time we deliver the Goods to the address you gave us or you collect it from us and you will only own the Goods when we have been paid for them in full, including all applicable delivery charges.

 

  1. PRICE AND PAYMENT


The prices of the Goods on the Website and the Confirmation are in POUNDS STERLING and are inclusive of VAT and any other applicable UK taxes (which are charged at the current rate at the time of purchase). We will do what we reasonably can to ensure that the prices stated on the Website are accurate and up to date. In the event of any pricing errors, we will notify you by email and give you the opportunity to re-confirm your Order at the correct price.

You must pay for the Goods at the time of submitting your Order. If you pay through PayPal, we will not actually take payment until we issue the Confirmation. Payments may also be made by the following credit or debit cards: Amex, Maestro UK, Mastercard and Visa. By submitting a credit or debit card number, you: (a) confirm that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card all amounts payable by you to us (including VAT and any other applicable taxes) in connection with your Order.

You may be subject to validation checks and/or third party authorisations depending on your method of payment.

 

  1. YOUR RIGHT TO CANCEL

If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and receive a refund during the period set out below in section. 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 the Goods, you can notify us of your decision to cancel the Contract and receive a refund by contacting us at info@thecashmereclub.co.uk 

You may cancel a Contract at any time from the date of the Confirmation until the date which falls fourteen (14) days after the day the Goods are delivered to you (or someone you nominate) receives the Goods, unless your Goods are split into several deliveries over different days. In this case you have until fourteen (14) days after the day you (or someone you nominate) receives the last delivery to change your mind about the Goods.

If you do wish to exercise this right to cancel, you must write to us at the address or email address provided above. Your cancellation is effective from the date you send us the e-mail or post the letter to us and we will process your refund within fourteen (14) calendar days of us receiving the refunded Goods, or you providing evidence of having returned the Goods to us (for example, a proof of postage receipt from the post office), whichever is the sooner. Refunds are made in the same form of payment originally used for purchase.


If you cancel a Contract under these Terms and the Goods have already been delivered to you:

    • you must return the Goods to us as soon as reasonably practicable and within fourteen (14) calendar days of you giving us notice of your cancellation – we recommend that you return the Goods to us by Royal Mail Special Delivery (or an equivalent "signed for" delivery service);
    • you will not be responsible for the cost of returning the Goods to us; and
    • you have a legal obligation to keep the Goods in your possession until such times as you return them to us and to take reasonable care of the Goods while they are in your possession.
    • In the event that you do not return the Goods to us in accordance with section above, we shall be entitled to charge you our direct costs of recovering the Goods from you.
    • We may make a deduction if the value of the Goods has been reduced as a result of you handling the goods more than was necessary or which is detrimental in anyway 

 

  1. RETURNS

If you are unsatisfied with your purchase, you may return it to us for a refund or exchange within 14 days unless the product has been bought in a SALE. If an item has been bought in the sale, or during certain site promotions where price reductions are applied then you may return it within 7 days. Please refer to your specific promo code or contact us for more information. To qualify for a refund, the items must be returned in original condition with all tags and packaging intact and items unworn. It is your responsibility to pay for the order to be returned and obtain a certificate of posting.

If the items are not what you ordered or they are faulty, please contact us at info@thecashmereclub.co.uk to organise a return at our expense. Telephone + 44 (0) 7768 366552

All of our customers have a statutory duty to take reasonable care of our products, in the event of this not being the case, 166 Portobello Road Limited will exercise our legal right of action. If items are soiled and show signs of being worn, the order will not be cancelled and items may be sent back to the customer with full payment due.

Under Distance Selling Regulations you have the right to cancel your order within 7 working days of receipt of goods. You must inform us in writing within 7 days of receipt of your intent to exercise this right to: Notice of Contract Cancellation, Cancellation Notice 166 Portobello Road Limited, 42 Leinster Gardens W2 3AN London or via email to info@thecashmereclub.co.uk.

Please keep evidence of the cancellation notice, such as a copy and obtain a certificate of posting. In this circumstance you will be liable to pay and arrange for the goods to be returned in original condition with original packaging and all tags attached.

 

  1. COOKIES

Like many website, we also use “cookie” technology. A cookie is a small data file that transfers to your computer’s hard disk. We do not use cookies to collect personally identifiable information. We use cookies to better understand how you interact with the site and our service, to, monitor usage by our users and web traffic routing on the site, and to improve the site and our services.

 

  1. YOUR OBLIGATIONS AND CONDUCT

The Platform provided solely for personal use. To place an Order on the Platforms you must be at least sixteen (16) years old. You may not use the Platforms for any commercial purpose.  You should check the page regularly to take notice of any changes we may have made to the Terms and Conditions. 166 Portobello Road Limited reserves the right to remove or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. Periodically we my restrict access to some parts or the entire website. Your use of Eldon Cashmere/Portobello Cashmere (166 Portobello Road Ltd) website is contingent upon your acceptance of our Privacy Policy and the following Terms and Conditions. If you do not agree to the Terms and Conditions of business contained in the following pages, then you may not use Eldon Cashmere/Portobello Cashmere  (166 Portobello Road Ltd)  website.

You must provide us with the true accurate information for example: your real name, phone number, e-mail address and other requested information. Falsifying or omitting contact information such as name, address, and/ or telephone number when registering with Eldon Cashmere/Portobello Cashmere (166 Portobello Road Ltd) is not permitted. You are also not permitted to use fax or disconnected numbers as telephone number. When using this website you must obey all applicable international, federal, state, and local laws.

It is your responsibility to select as password that is unique to your Eldon Cashmere/Portobello Cashmere (166 Portobello Road Ltd) account and that you do not disclose this information to anyone else or keep this information in an insecure place.

You must not misuse the website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan ,worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the services; 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 or of accessed through the website. Breaching this provision would constitute a criminal offence under The Computer Misuse Act 1990. 166 Portobello Road Limited will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

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 website or to your downloading of any material posted on it, or on any website linked to it.

We reserve the right to bar users from this site on a temporary or permanent basis. Any such user shall be notified and 166 Portobello Road Limited will report any breach of these rules that would constitute a criminal offence under The Computer Misuse Act 1990 to the relevant law enforcement agencies and disclose your identity to them.

 

  1. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The website is owned by and operated by 166 Portobello Road Limited, unless otherwise noted in this website.

166 Portobello Road Limited owns the copyright with respect to all content on the website. Content includes:  All logos, text, photographs, graphics,  trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to 166 Portobello Road Limited (or is licensed to 166 Portobello Road Limited). This Content includes, but is not limited to, the design, structure, general feel, selection, coordination, expression, and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without 166 Portobello Road Limited’s prior written permission.

The website graphics, logos, page headers, button icons, scripts and service names are of 166 Portobello Road Limited. 166 Portobello Road Limited's trademarks and trade address may not be used in connection with any product or service that is not 166 Portobello Road Limited’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits 166 Portobello Road Limited. All other trademark not owned by 166 Portobello Road Limited that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 166 Portobello Road Limited.

Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of 166 Portobello Road Limited or the written permission from such third party that may own the trademark copyright of information displayed on the website.

The intellectual property rights in all software and content made available to you on or through this website remains the property of 166 Portobello Road Limited or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by 166 Portobello Road Limited and its licensors. You may store, print, and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise. You may link web sites owned by 166 Portobello Road Limited content to other sites, but only if you acknowledge the website as the source of the material and does not disparage or discredit 166 Portobello Road Limited.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by 166 Portobello Road Limited or its licensors.

 

  1. REGISTRATION, PERMISSIONS AND COMMUNITY PARTICIPATION

By placing an Order you agree and understand that we may collect, use, store and process your Personal Information in accordance with our Privacy & Cookie policy. 166 Portobello Road Limited fully respects the privacy of individuals who access and use the website and platforms. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy & Cookie policy, which are incorporated into and form part of these Terms.

When you register for an Account, you agree that:

The Personal Information which you are required to provide when you register as a customer is accurate; and

If any of your information changes (for example you change address) please let us know by updating your Account online or contacting our team by calling UK +44 (0) 7768 366552 from overseas or emailing info@thecashmereclub.co.uk.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

You are responsible for keeping your Account and Personal Information confidential. Please notify us immediately of any unauthorised use of your Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you sign out from your Account at the end of each session if you use a shared computer. We will not be liable for any loss or damage arising from your failure to comply with this clause.

166 Portobello Road Limited reserve the right to close accounts if any user is seen to be using proxy IPS (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our service in any way. By submitting any material to us, you automatically grant

If your order is accepted we will inform you by email when we dispatch the item. When placing an order you undertake that all details you provide to us are true and accurate, that you are authorised user of the credit, debit card or Pay Pal account used to place your order and that there are sufficient funds to cover the order cost. We reserve the right to obtain validation of your credit card debit card or Pay Pal details before accepting your order. All prices advertised are subject to such change.

 

  1. DISCOUNT CODES

We offer promotional discounts using promotional discount codes. These discounts are subject to the terms and conditions that will be issued with the code.

 

  1. COLLECTIONS

We offer collection service only via bookings. Please email us at info@thecashmereclub.co.uk or call us at +44 (0) 7768 366552 for bookings

 

  1. DISCLAIMER OF LIABILITY

The information contained in this website if for general information purposes only. The information provided by 166 Portobello Road Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. 

In no event we will be liable for any loss or damage including without limitation, in direct, or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. 

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 the website or to your downloading of any material posted on it, or on any website linked to it.

Through this website you are able to link to other websites which are not under the control of 166 Portobello Road Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, 166 Portobello Road Limited takes no responsibility for, and we will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Information on Eldon/Portobello Cashmere website may contain technical inaccuracies or typographical errors.

166 Portobello Road Limited attempts to make its description as accurate a possible, but does not warrant that the content of Eldon/Portobello website is accurate, complete, reliable, current or error-free.

 

  1. LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

 

19. DISCLAIMER AS TO OWNERSHIP TO TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with 166 Portobello Road Limited and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to 166 Portobello Road Limited.

 

  1. COMPLAINTS

We will try to do everything we can to resolve any disputes when they first arise. If you do have any complaints or comments then please contact us at info@thecashmereclub.co.uk. We’re friendly people.

 

  1. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and 166 Portobello Road Limited. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by the Owner of 166 Portobello Road Limited.

 

 

 

 

Dear Customers,

We will re-open the shop at 166 Portobello from September 2021, but remain open on line. If you can't see on line what you are looking for please call on +44 7768 366 552 or email on info@thecashmereclub.co.uk. In the meanwhile Clare who works at Portobello Cashmere is useing the shop as a take away deli, vegitarian salad bar called Peel. Clare and Euan are serving delicious coffee too, so please go and see them and give them your support. We decided that to reopen at the beginning of summer selling cashmere after such a long lockdown we could use the space better in the summer as a deli and in the winter selling woolies. Stay safe and we look forward to seeing you soon.