Terms and Conditions
This website is owned by Martine Abate T/A Kamera Obscura (referred to in this document as “Kamera Obscura”). Our principal activity is clothing design made-to-order, and accessories.
These terms do not supersede statutory rights under the Sale of Goods Acts but are designed to clarify the principles and procedures by which we operate. These terms and conditions constitute an agreement between you (‘the buyer’) and Kamera Obscura (‘us’ or ‘we’). By using this website and making purchases from Kamera Obscura you agree to these terms and conditions. Kamera Obscura may change these terms at any time, please review these terms and conditions regularly to make sure you are aware of any changes made. If you do not agree to all the following terms you should not use this site. These terms and conditions are governed by the laws of England and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
If you have a concern or queries relating to these terms and conditions you can e-mail Kamera Obscura using the form on the contacts page of this website.
Acceptance of order
Kamera Obscura’s products are subject to availability. Once your order has been placed and payment received, you will receive an email acknowledging the details of your order. We reserve the right not to accept your order, for example: if the item is out of stock and we are unable to make it within a reasonable time, if shipping restrictions apply to a particular item, or for any other reason.
If a product is out of stock we will inform you of the expected delivery date. In this instance, you may cancel the order by email within 5 days of us sending you the delivery date if the delivery time is unacceptable, and we will make a full refund less card charges.
We have tried to display as accurately as we can, the true colours of Kamera Obscura products, however we can not guarantee that the colour of a Kamera Obscura product as delivered will replicate how it appeared to you on-screen, as this is dependent partly on your computer’s display screen and your perception of colour.
All sizes and measurements concerning Kamera Obscura products are as accurate as we can make them. Slight variations may occur, as the collection is handmade.
Rights of Kamera Obscura
We reserve the right to periodically update prices on the website, which cannot be guaranteed for any period of time. Kamera Obscura will make every effort to ensure prices are correct at the point at which the buyer places an order.
Kamera Obscura reserves the right to withdraw any Kamera Obscura products from the website at any time.
Kamera Obscura will not be liable to anyone for withdrawing any Kamera Obscura products from the website or for refusing to process an order.
Orders and deliveries
Most items are handmade and in some cases there may be a delay in delivery. We will contact you if there is an excessive delay with the dispatch of your order.
Items will normally be dispatched within 7 working days of acceptance of an order. We will send you a confirmation email with the unique tracking number when the item has been dispatched.
Made to Order items will normally be dispatched within 10 days of acceptance of an order. We will send you a confirmation email with the unique tracking number when the item has been dispatched.
Items for delivery within the UK will normally be sent using Post Office special delivery at no additional cost.
Orders to destinations within the EU and other World destinations will normally be sent using ‘Royal Mail Signed For’ or ‘Royal Mail Airsure’ (depending on local mail restrictions) and the cost of this will be added to shopping bag at the time of ordering. Delivery should be made within 10 days of dispatch.
All deliveries require a signature so please supply us with an address at which a parcel can be signed for. Within the UK, if you miss a delivery it will be taken to your nearest Royal Mail sorting office, where you can arrange redelivery or to collect it.
Risk of Kamera Obscura products shall pass to the buyer upon delivery of the Kamera Obscura products, or where the buyer fails to take delivery at the agreed time, at the time of delivery was attempted.
Title of Kamera Obscura products shall not pass to the buyer until payment of the price has been made in full.
Price and payment
The total purchase price, including delivery charges, will be displayed in the buyer’s shopping bag prior to confirming the order.
Payment of the price plus delivery charges must be made in full before the dispatch of Kamera Obscura products.
Payments are processed at the time of ordering, however we only process orders that have been screened and accepted by PayPal. For details of countries and cards accepted by PayPal, visit www.paypal.co.uk
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the card issuer does not authorise payment, we cannot process the order.
In the event that your order is flagged by a ‘warning’ or ‘caution’ from PayPal, we will contact you for further information required. Without this further information being given within 3 working days, we will cancel your order and you will be refunded by PayPal.
When giving address details please note that there is a difference between the delivery address and invoice address areas of the order form. Your billing address is where your credit/debit card is registered to.
For overseas deliveries you, as the buyer are responsible for any other taxes or duties (such as import duties) payable on Kamera Obscura products, not us.
Our returns policy and cancellation of your order
We understand that you may sometimes want to return items that you are not happy with. Should you wish to return an item please contact us via the website contact page or by email to:firstname.lastname@example.org We are able to accept returns within 14 days of delivery, as long as the item is unworn, undamaged and in perfect condition and is returned with the original packaging.
You must return the Kamera Obscura product to us at your own cost.
If you return the item in good condition within 14 days of delivery, then you will receive a full refund less delivery charges. You remain fully responsible for Kamera Obscura products until they are received. Returned items must be sent by recorded delivery as no responsibility can be taken for lost goods in transit. Where a returned Kamera Obscura product is found to be damaged due to the buyer’s fault the cost of remedying such damage shall be subtracted from the buyer’s refund for that product.
The buyer shall inspect the Kamera Obscura products immediately on receipt and shall notify Kamera Obscura by e-mail using the form on the contacts page for the website within 14 days if the Kamera Obscura products are damaged or do not comply with any of the Agreement. If the buyer fails to do so the buyer will be deemed to have accepted the Kamera Obscura products.
Where a claim of defect or damage is made, the Kamera Obscura products shall be returned by the buyer to Kamera Obscura within 14 days of delivery. In the unfortunate event that your Kamera Obscura product is in fact faulty, Kamera Obscura will pay for your return postage. Kamera Obscura will either give you a full refund including delivery charges or provide a replacement product including delivery charges.
Returned items must be clearly marked with the order confirmation number, in order to obtain a refund or replacement.
If your item is to be exchanged it will be sent within 7 working days of receiving your return, subject to availability. Refunds will be made within 7 working days of receiving returns.
You acknowledge that all copyright, trade marks and other intellectual property rights in and relating to Kamera Obscura products are owned by us. No one may copy from, distribute, show in public or create any derivative work from Kamera Obscura site or products.
We warrant that Kamera Obscura products will be made with care and skill and with the intention of meeting our specifications for them. However we cannot and do not guarantee that Kamera Obscura products will meet your requirements. If you are not satisfied, please refer to our returns policy above.
Except as may be implied by law where the buyer is dealing as a consumer, in the event of any breach of these Terms and Conditions by Kamera Obscura the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the Kamera Obscura products and Kamera Obscura shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in this Agreement shall exclude or limit the liability of Kamera Obscura’s for death or personal injury resulting from our negligence or that of Kamera Obscura’s agents or employees.
No waiver by Kamera Obscura (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
Kamera Obscura shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from the events or circumstances outside of its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant machinery or shortage or unavailability of raw materials from a natural source of supply, and Kamera Obscura shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
We may include links to other websites that we think may be of interest, for example our stockists. We have not checked all the linked websites and do not take any responsibility for their content or their actions.
Changes to Terms and Conditions
Kamera Obscura shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the buyer upon making the purchase.