Terms & Conditions
1. About these terms and conditions
We are Swaine Group Ltd, a company registered in England with company number 13574977. Our registered office is Swaine Group Ltd , 2 Stone Buildings, C/O Edwin Coe LLP (Corporate), London, England, WC2A 3TH (“we”, “Swaine”).
These terms and conditions set out the basis on which we supply our products to you.
You can find everything you need to know about us and our products on our website swaine.london (“Website”) before you order. We also confirm the key information to you in writing after you order.
Please read these terms and conditions carefully as they contain important information. You may want to print and keep a copy of these terms and conditions for your reference (however, please note that we may update the terms and conditions from time to time – the most up to date version will be on our Website).
If you do not wish to accept these terms and conditions, you should not order products from us.
If you order products from us, we will take this as your acceptance of these terms and conditions.
2. Ordering products
As you browse our Website, you can add the products you want to order to your shopping bag. You can review the contents of your basket at any time by clicking on the shopping bag icon at the top of the Website. If you want to remove items from your basket, you can do so by clicking on the Remove button in your shopping bag.
You are responsible for ensuring that the information you provide is accurate (for example, the correct size, colour, quantity, etc) when you decide to check out. If we are making or supplying the product to measurements you provide, you are responsible for making sure those measurements are correct. You can find information and tips on how to measure by accessing our Fit Guide on our Website.
You will be taken to an order acknowledgement page before you place your order. Once you have placed your order you will be provided with a unique order number. Please note that this is not an acceptance by us of your order but is simply a confirmation that we have received your order to purchase products from us.
We may accept or reject your order in our absolute discretion. For example, because a product is unexpectedly out of stock, because you are located outside our delivery areas, as stated on our Website, or because the product was mispriced by us.
We will acknowledge acceptance of your order by sending you an email confirming your order and including details of the products we will supply, the estimated delivery date, the address you have provided for delivery, the price of the products (including any delivery and other charges that will apply) and the payment method you have selected. This is the point at which a legally binding contract (incorporating these terms and conditions) comes into existence between us. Only those products listed in the order confirmation email will be included in the contract.
If we have rejected your order pursuant to section 2.5 above, we will inform you by email as soon as practically possible. Where all of the items in your order are unavailable, your order will not be processed and a full refund will be made including any delivery charges. Some items are made special order and a lead time will be given. All bespoke requests are special order and have a lead time minimum of 6 – 8 weeks.
3. Prices and payment
The price of the products shall be the price listed on our Website on the date of your order. Our prices may change at any time, but price changes will not affect any orders that we have accepted and confirmed with you.
Our prices and delivery charges are inclusive of any applicable VAT at the rate appropriate to the country of receipt within the EU at the point of the transaction. VAT is included within the final prices and delivery charges as shown and, where applicable, is detailed on the checkout screen after the billing country has been selected as well as on the email we send to you confirming your order. If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
Our prices do not include delivery charges, which are payable by you in addition to the cost of the products. Important information about delivery is set out in the ‘Delivery’ section below.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures. If we discover that the correct price of the products is less than our stated price, we will refund any over-payment to you. If the products’ correct price is higher than the price stated on our website, we will contact you to tell you and to see if you still want to proceed with your purchase. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we are not obliged to provide the products to you at the incorrect (lower) price.
Where we are providing products to you, you must make payment for the products in advance. The methods of payment that are accepted by us are stated on our Website.
Upon receiving your order we will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. No products will be despatched until this pre-authorisation check has been satisfactorily completed.
We will charge your chosen method of payment upon placement of the order. You will own your product once we have received payment in full.
Please note that timescales for delivery and delivery charges will vary depending on the availability of the products and the delivery address. The delivery charges will appear at checkout when delivery details have been entered. We reserve the right to use a delivery service of our choice and at our discretion at the time of dispatch.
We will provide you with an estimated date on which your order will be delivered. We will try to ensure that your order is delivered by this date. However, there may be times when our delivery to you is affected by events outside of our control. If this happens, we will try to resolve the issue as quickly as possible. As long as we do this, we will not be liable to you for any losses you incur as a result of such delay. If the delay is likely to be substantial, you can contact us to end the contract and receive a refund for any products you have paid for, but not received less any reasonable costs we have already incurred.
Delivery of your order will be completed when the products are delivered to the address you have provided. The products are your responsibility from this point so please treat them carefully as any damage to them may restrict your ability to receive a refund if you want to return the products – please see our Return Policy at section 7.2 below for more details on refunds and returns.
When we deliver your order, you (or the designated recipient of the products if this is not you) will be required to sign for them. This signature will be used as proof that the products have been delivered. For this reason, we are unable to deliver products to PO boxes.
If we are unable to deliver the products to the delivery address, our delivery partner may retain the products and try to make contact with you in order to rearrange delivery or make the products available for you to collect. Any rearranged deliveries may be subject to an additional charge that shall be notified to you.
If we are still unable to deliver the products to you or you (or the designated recipient of the products if this is not you) fail to pick up the products during the specified period, the products will be returned to us and held in our warehouse for redelivery at a later date (at your expense). If you (or the designated recipient of the products if this is not you) fail to contact us to arrange redelivery within 90 days of the first delivery attempt, then we will treat your order as cancelled and, unless the product is made to your specification or is clearly personalised, refund the purchase price to you.
5. International delivery
If your delivery address is located outside of the UK, the following provisions will apply in addition to those in section 4 above:
We currently deliver to all EC member states excluding the following regions; United Nations buffer zone of Cyprus, Faroe Islands, Greenland, Aland Islands, Martinique, French Guiana, Guadeloupe, Reunion, St Pierre, Miquelon, Islands of Heligoland and Busingen, Mount Athos, Campione d’italia, Lake Lugano and Livigno, Antilles, the Canary Islands, Ceuta, Melilla, the Channel Islands and Gibraltar.
If you’re making a purchase from outside of the United Kingdom, please be aware that there might be customs, import duty charges and local taxes depending on your country's policy. These must be paid by you on receipt of your order. For more details, please visit your government’s official website. Keep in mind that rules vary from country to country and are determined by local authorities.
Customs clearance procedures have the potential to cause delays in the delivery of your items, especially if the local customs office or any relevant representative encounters challenges when attempting to contact the recipient of the parcel. To ensure a seamless delivery experience, kindly verify that the provided delivery contact information is precise and that the recipient is expecting the parcel.
It is your responsibility to check that any products ordered comply with the relevant national, state, or federal laws and regulations of the destination country and that there are not any local law restrictions that may affect the delivery of your products.
You are responsible for the calculation and payment of any and all local taxes, customs and/or duties payable on your order and Swaine Group Ltd shall have no responsibility or liability in relation to these.
Shipping services to/within Russia are temporarily suspended.
6. Information on our Website – colour, sizes and availability
The images of the products on our Website are for illustrative purposes only. Although we make every effort to display the colours and materials accurately, we cannot guarantee that your computer’s display of the products accurately reflects the colour and materials of the products.
Because some of our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Website may slightly vary.
From time to time, certain products on our Website may not be available. If you order a product which is unavailable, we will contact you (in accordance with section 2.6 above).
7. Your legal rights
As a consumer, you have legal rights in relation to products that are faulty and in relation to contracts made on-line. These legal rights are not affected by our returns policy or by these terms and conditions. If you live in the UK, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Cancellation and Returns Policy
For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.
You can't change your mind about an order for:
a) goods that are made to your specifications or are clearly personalised, such as embossed leather goods and engraved collar umbrellas if production has started; and
b) products sealed for health protection or hygiene purposes once these have been unsealed after you receive them.
If you change your mind about a product you must let us know no later than 14 days after the day we deliver it. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.
If you change your mind about a product and wish to cancel (or amend) your order, you must contact us in writing. The quickest way to do this is by sending an email to email@example.com.
You also have the option to complete the cancellation form included at the end of these terms and conditions and either email it to us at firstname.lastname@example.org or post it to us at 18-19 Burlington Arcade, London W1J 0PN. We recommend that you keep a copy of your cancellation notification for your own records.
Please note that if production has started we cannot accept any request to cancel or amend an order for goods that are made to your specifications or are clearly personalised as set out in section 7.3.
If you want to exercise your right to cancel the contract and the products have been delivered to you:
You must return the products to us within 14 days of telling us you have changed your mind. Please follow our Returns Policy on our Website.
a) return the product to one of our stores (find the one nearest to you on our Website). You will need your email receipt and the card you paid with.
b) send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goodsat all or within a reasonable time we won't refund you the price. We recommend that you return the products securely packaged and use a delivery service with signed for and insured shipping. For help with returns, see our Returns Policy or otherwise you can contact us.
If your order was delivered outside of the UK, ensure that the package and shipping forms has the original delivery tracking number on it and mark the package and shipping forms “Return of Faulty Goods to UK” to avoid customs taxes.
Unless the products are faulty, you will be responsible for the cost of returning the products to us.
You have a legal obligation to take care of the products while they are in your possession. You may not return products if they have been worn, altered or damaged (whether as a result of wear and tear, deliberate damage or accidental damage caused by you or when the products were in your care).
All returns must be in perfect condition, and with their original packaging. We are unable to offer any refunds on items that are scratched, stained, damaged, or that are not in their undamaged original packaging. In these situations, the items will be returned to you at your own cost.
If you tell us you've changed your mind about a product that hasn't been delivered, we will refund you as soon as possible and within 14 days. If you're sending your product back to us, we refund you within 14 days of receiving it (or receiving evidence you've sent it to us). We refund you by the method you used for payment. We do not charge a fee for the refund.
Details of your legal right to cancel and an explanation of how to exercise it are also provided in the email sent to you confirming your order.
Goods that have been personalised such as embossed leather goods and engraved collar umbrellas are not exchangeable or refundable.
Right to return incorrect or faulty products
We honour our legal duty to provide you with products that are as described to you on our Website and that meet all the requirements imposed by law. If you think there is something wrong with your product or you wish to return products to us because they are incorrect (i.e. not what you ordered), please either bring the product into one of our stores or contact us in writing by sending an email to email@example.com.
Where incorrect or faulty items are returned to us, we will cover the cost of the return postage. The process to return an incorrect or faulty product is the same as for general returns as set out in section 7.6.2 above. Details about this can also be found under ‘return instructions’ on the despatch note.
8. Your personal information
9. Our liability
We do not exclude or limit in any way our liability for:
Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
Fraud or fraudulent misrepresentation;
Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (which are your rights to obtain good title to the products and enjoy quiet possession of them);
Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (these are legal terms that the products will comply with description, be of satisfactory quality and be fit for purpose); and
Defective products under the Consumer Protection Act 1987.
We only supply our products for domestic and private use. You agree not to use our products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business or loss of business opportunity.
If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer unless the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the section 4.2 above.
Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
Swaine Group Ltd is not liable to you for any loss or damage that has been caused as a result of you or the recipient not taking, accepting or rearranging delivery of the products within a reasonable amount of time.
Subject to the terms set out above, Swaine Group Ltd’s liability to you is limited to refunding the price of the products and services that are the subject of the contract in question.
10. Other important information about the contract between us
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
You can only transfer your contract with us to someone else if we agree to this. We may not agree if it is unreasonable.
Each of the sections set out in these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
We may make changes to these terms and conditions from time to time. Any changes made will not affect orders that we have accepted prior to the changes taking place.
Every time you order products from us, the terms and conditions in force at that time will apply to the contract between you and us. Please check the website regularly to ensure that you are looking at the most up to date terms and conditions.
11. Governing law and jurisdiction
These terms and conditions are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
12. Contact us
If you want to get in touch with us, you can contact us by email via firstname.lastname@example.org, or in writing at Swaine Group Ltd , 18-19 Burlington Arcade, London W1J 0PN.
(Complete and return this form only if you wish to withdraw from the contract)
To Swaine Ltd, 18-19 Burlington Arcade, London W1J 0PN, email@example.com.
I/We [………………………………] hereby give notice that I/We [………………………………] cancel my/our [………………………………] contract of sale of the following goods [………………………………].
Ordered on [………………………………]/received on [………………………………],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s)