Terms & Conditions
We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our terms and conditions.
Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through LIBELULA is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the LIBELULA terms of eligibility, who have been issued a valid credit card by a bank acceptable to LIBELULA, whose applications are acceptable to LIBELULA and who have authorised LIBELULA to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. LIBELULA reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where LIBELULA feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
All orders are subject to acceptance and availability. If you have registered your email address for notification of the arrival of a specific product featured on our website, we will attempt to notify you by email within 48 hours of the product becoming available on the site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
Please note that items in your shopping basket are not reserved and may be purchased by other customers.
Prices shown on the site are in GBP and are inclusive of VAT.
All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the website at the time the order is accepted will be honoured, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices remain static for the duration of the selling period, allowing for a stable environment in which customers from all over the world can shop. Customers buying from outside the UK will also incur carriage costs and any duties levied by the jurisdiction to which you have specified delivery. If you are a customer whose credit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
SALE PRICE ADJUSTMENT POLICY
LIBELULA is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your LIBELULA account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price.Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where LIBELULA feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and LIBELULA will be completed when we dispatch the goods to you. The sale contract is therefore concluded in London, England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out above.
Furthermore, we may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, Visa Electron, MasterCard, American Express, Delta, and Maestro debit cards. Payment will be debited and cleared from your account upon receipt of your order by LIBELULA. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to LIBELULA, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using Datacash, a secure online payment gateway that encrypts your card details in a secure host environment. We will also give you the opportunity to securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple and secure Libelula uses Secure Socket Layer (SSL) technology.
Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
LIBELULA insures each purchase during the time it is in transit until it is delivered to your specified delivery address. 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 LIBELULA and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, LIBELULA is not responsible for any delays caused by destination customs clearance processes.
TRACKING YOUR ORDER
You can check the current status of your shipment by signing into your account and selecting ORDER STATUS. Simply type in your unique tracking number which we emailed to you, and we will track your shipment for you.
LIBELULA will store a record of your transactions for a minimum of one year.
RETURNS AND EXCHANGES
- Request a Returns Merchandise Authorization (RMA) number within 7 days of receiving your order by emailing email@example.com
- Once you received your RMA number, any items to be returned must be sent back to us at your own expense within 7 days. Any sum debited to us from your credit card will be re-credited to your account (minus shipping costs) as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. Refusal of delivery by the customer will also entitle Libelula to deduct any return postage costs and duties off the refund total.
- Parcels that are returned to us remain the customer’s responsibility (and a refund will not be given) until they are received by us. We recommend that you send your returns by recorded post and that you retain proof of postage. Goods are returned at your own risk and expense.
- Complete your returns proforma invoice with your RMA number and sign it. Please leave your package open until the driver has checked the contents.
- You will be notified by email once your return has been received and processed.
Please note we can only exchange items for a different size. When requesting your RMA, please specify the size you require. If you wish to exchange your item for an alternative style, we suggest that you return it for a store credit and purchase the new item separately.
If you have received an item as a gift, you may exchange it for a store credit to your LIBELULA account (you will need to register your details) Gifts must be returned within seven working days of initial receipt... The amount is automatically deducted from your next purchase and will be valid for one year. Please be aware that you may need to pay any cost difference, additional shipping, taxes and import duties. To arrange a return, please email firstname.lastname@example.org.
RECEIVING A REFUND
Your refund will either be credited to the original purchaser's credit card or LIBELULA account and will exclude shipping costs (with the exception of faulty items).
If your order has been sent to a destination within the EU, all VAT will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through LIBELULA. However, you may be able to recover these by contacting your local customs bureau directly. Exchanges made to destinations outside of the EU will be submitted to the same customs procedures, therefore applicable for duty and tax again.
See costs for Delivery and Returns .
Items should be returned within 7 days of receiving your RMA number.
Items must be returned in their original packaging (The Libelula box) to ensure they are adequately protected in transit. Boxes should also be returned in the original outer packaging in order to ensure they are protected from damage, boxes are considered part of the product, and your return may not be accepted if the box is damaged.
Notwithstanding anything else in these terms and conditions, we reserve the right to charge you for the cost of returning items to us.
Items should be returned new and unused, and with all LIBELULA and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return. All LIBELULA boxes should also be returned.
All items returned should have a Return Merchandise Authorization (RMA) number which we will generate for you once we have received an email at email@example.com with a return request. Unidentified returns may be returned to the sender.
Items should be returned within 7 days of the date of your RMA request.
Returns outside these timeframes may be accepted at the discretion of LIBELULA and depending on circumstances may only be refunded as a store credit. Please note that RMA numbers requested after 7 days will also be granted at our discretion.
Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items.
We have made every effort to display as accurately as possible the colours of our products that appear on LIBELULA. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including LIBELULA Software and all HTML and other code contained in this Site, shall remain at all times vested in LIBELULA and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by LIBELULA and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. LIBELULA tries to ensure that the information on this site is accurate and complete. LIBELULA does not warrant or represent that LIBELULA Content is accurate, error-free or reliable or that your use of LIBELULA’s Content will not infringe rights of third parties. Your use of the Web Site is at your risk. LIBELULA does not warrant that the functional aspects of the Web Site or LIBELULA’s Content will be error free or that this Web Site, LIBELULA Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or LIBELULA’s Content results in the need for servicing or replacing property, material, equipment or data, LIBELULA is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" and "AS AVAILABLE" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. LIBELULA make no warranties about LIBELULA Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. LIBELULA reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that LIBELULA is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than LIBELULA including advertisers. LIBELULA has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While LIBELULA will use reasonable endeavours to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under English law.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which beyond our reasonable control.
You have certain rights under the law. These include, in England:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
At our request, you agree fully to defend, indemnify and hold harmless LIBELULA immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and LIBELULA as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of LIBELULA, and we shall not be liable for any representation, act, or omission on your part.
The TOS (as amended from time to time) constitutes the entire agreement between you and LIBELULA regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and LIBELULA in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the TOS, the TOS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TOS. You confirm that, in agreeing to accept the TOS, you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TOS.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
The TOS together with all our policies and procedures will be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.