These terms and conditions (the "Terms and Conditions") govern the use of malagasydesigns.co.uk (the "Site"). This Site is owned and operated by Soizic-Arzhele Peyrusse. This Site is an e-commerce website.
By using this Site, you indicate that you have read, and understand these Terms and Conditions and agree to abide by them at all times.
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old.
When you create an account on our Site, you agree to the following:
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods
- These Terms and Conditions govern the sale of goods available on our Site.
- The following goods are available on our Site: Madagascar crafts such as bags, baskets and home decor objects.
- We will not process your order until payment has been taken.
- These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock.
- We reserve the right to modify, reject or cancel your order if it becomes necessary. If we cancel your order and have already processed your payment, we will of course give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
- We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.
- All information, descriptions, or images that we provide about our goods are as accurate as possible. You agree that colours may be displayed differently on different devices and that there might be some possible slight discrepancies between the colours you see on screen and the goods you receive. Should you be very particular about the colour or size of any good you wish to purchase, you agree to ask as much information as prior to the purchase (including additional photos, which we will always be happy to supply) and to satisfy yourself that you have all the correct information. You agree that the names given to colours of the goods on this Site are non contractual.
- We are limited to displaying a maximum of 10 photos per good. If you are at all unsure about anything please email us at email@example.com and we'll provide additional photos.
- As indicated on our Site, due to the very nature of the Malagasy crafts techniques, our goods are all unique. Therefore, even if you buy the same model twice, it is highly unlikely that they will have the exact same weight, or size, or colours or patterns for example. Every single item we sell on the Site is made by hand. Nothing is factory produced, and therefore there will be variations between products that are outside our control, but also make our products so much more original and beautiful. All sizes and weights indicated on our website are as accurate as possible, but there will be slight variations between models, hence them being approximate across one range of products. Also, since everything is made by hand, some lines might not be straight and there might be slight imperfections or irregularities (as shown on our photos). We believe that these imperfections are what makes crafts from Madagascar so delightful and unique, but we will always ensure that our photos are as accurate as possible so there is no bad surprise when you receive the goods.
- A wonky line is not the same as a faulty good, so we will endeavour to replace or refund a faulty product as soon as possible but we will not consider a good faulty simply because its shape is not perfect for example, if this was made very clear from our photos.
- Due to the very fragile nature of natural fibres, you agree to take extra care of the goods you purchase on this Site. In particular you agree that you will not carry very heavy objects in the bags or baskets, which could distort the shape of the bags and put unnecessary pressure on stitches (e.g. carrying numerous heavy books as the bags are not meant for this), and that you will not place any sharp objects inside the bags or baskets which could pierce through the fibres. You agree not to leave the goods outside unprotected from the sun (which could cause the colours to fade away) or wet conditions (which could cause the fibres to rot).
- Most stitches are made by hand so you agree that these goods are to be handled with care and that these goods are by their very nature a lot more fragile than if they were made of synthetic for example, or a stronger material.
- The sold on this Site might have a strong straw- odour when they reach you. This is totally normal as this is a normal natural fibre odour as our products have not been treated with chemicals and they have been stored inside for months at a time. This odour will dissipate as the goods are used outside. You can leave the goods outside (as long as they are suitably sheltered from the weather) until the odour dissipates. Alternatively you can spray them with a fabric freshener (but we cannot be held responsible for any damage caused by the freshener to our products).
We accept the following payment methods on our Site:
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Delivery times may vary due to unforeseen circumstances but we will always do our utmost to process your order as soon as it is placed, and aim to drop your order at an EVRI drop off location no later than 3 days after you've placed an order.
Please note that EVRI delivery times do not include weekends and bank holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
We hope that you won't change your mind, but if you do and if you are a customer living in the United Kingdom or the European Union, you have the right to cancel your order within 14 days of receiving it. This is called the cooling-off period.
To exercise your right to cancel within those 14 days, you must inform us of your decision to cancel within the cancellation period by email at firstname.lastname@example.org.
Effects of Cancellation
If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us no later than 14 days after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit.
If you cancel your contract with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any goods supplied. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel.
We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.
This right to cancel and to reimbursement is not affected by any return or refund policy we may have.
Under the Consumer Rights Act you have the right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund from us.
- You have 30 days from taking ownership of the good (this could be the date of purchase or the date it was delivered to you - whichever is later) to claim a refund if it is faulty. Please email us at email@example.com in the first instance, explaining what the issue is and sending photos where appropriate.
- After this time, you have to give us an opportunity to repair or replace the goods before you can claim a refund.
- If you want to return your faulty goods for a refund, a repair or replacement, you will be refunded the delivery cost you paid to get it sent to you in the first place.
We inspect every single good before putting it on sale, and then again before shipping. We really hope that you never have a reason to complain, and will do everything we can to help, whether that is issuing a refund or sending a replacement as soon as possible. We do ask however that you use the goods as they are intended (See Goods Description section), so that they do not develop any unnecessary issues, which would limit your claims.
Consumer Protection Law
Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Soizic-Arzhele Peyrusse and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Soizic-Arzhele Peyrusse and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of England.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us via email at firstname.lastname@example.org if you have any questions or concerns.
You can also contact us through the feedback form available on our Site.
Effective Date: 15 March 2023