Terms & Conditions
Please read these Terms & Conditions together with each Member’s own Terms & Conditions on their product or service page.
We may update the Customer Terms from time to time and will notify such changes to you by uploading them on the Site. You should review the Customer Terms every now and then for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Site.
1. About us
The Site is operated by Ruby & Diva Limited (“we”). We are registered in England and Wales under company number 07758689 and with our registered office address at 172 Valley Road, Streatham, London, SW16 2XR. Our VAT number is 124323649.
2. Accessing our site
2.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
3. Intellectual property rights
3.1 We are the owner or the licensee of all intellectual property rights contained in the Site and in the material published on it. All such rights are reserved.
3.2 You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from our licensors or us.
3.3 If you breach these Customer Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. Description of the ruby + diva website service
4.1 Your agreement to purchase goods or services on the Site results in a legal contact between you and that Member and such contract shall include these Customer Terms, the email confirmation of your order and the information on the product page.
4.2 If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
4.3 We cannot give any undertaking, that goods and/or services you purchase from Members through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Member.
4.4 Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Member.
4.5 The Member holds all products and, at no time do we possess any items offered for sale by Members through the Site.
5. How contracts are formed between you and our Members
5.1 Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
5.2 No order shall be deemed to be accepted by the Member until the Member issues an email accepting your order. The contract between you and a Member will relate only to those goods and/or services notified in the email acceptance of order.
6. Delivery Charges
As we feature such a wide range of products from around the globe, the delivery charges for each product will vary. However, our Members will ensure that is fair and reasonable and that it reflects the actual cost of delivery based on size and weight.
7.1 We currently accept online payment in a secure environment using PayPal. All prices quoted on our website are in British pounds sterling and, where appropriate, are inclusive of VAT.
7.2 You will be able to view the product prices and delivery charges in a number of currencies, using our handy little currency converter, but this is only an approximation based on daily exchange rate data collected by central bank and financial institutions and the actual amount paid by you and the payment currency will be as set out on the product listing.
8.1 For UK customers, we have specified on each listing where the Member is based outside of the EU. Please note that if you have bought an item from outside the EU, UK import duties and taxes may apply to these items upon their arrival in the UK.
8.2 Neither ruby+diva nor the Member can advise whether taxes may apply and you should check this with your local tax office before proceeding with any order.
8.3 If your delivery address is outside the UK, you should also check with your local tax office whether your delivery may be subject to your country’s import duties and taxes.
9. International Customers
9.1 As we are are selling a range of products from both small and larger designers, not all the products on our site are taxable. Where VAT (20%) is included in the price of the item, this will be automatically deducted from the cost of the order at the checkout point if your order is to be sent outside the EU. If you are ordering from outside the EU and would like to check whether an item is taxable, please contact the relevant Member using the ‘Ask us a question’ button on their listing or, alternatively, contact us here.
9.2 However, any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. We have no control over these charges and cannot predict what they may be. Customs policies do vary widely though from country to country; so you may want to contact your local customs office for further information.
10.1 All refunds will be processed by ruby+diva and our Members will not make any refund directly to you.
10.2 Cancellations and returns will not be accepted in relation to the following products unless they are faulty or do not accord with the relevant listing to which the your order relates (for example, the wrong product is supplied to you):
- Perishable goods, including food and flowers;
- Audio recordings, video recordings or software, unless the product seals are intact;
- Newspapers, periodicals or magazines;
- Personalised items made to your specification (for example, customised cake toppers make to look like you), unless the product has been produced on the basis of pre-determined options from which you have selected (for example, a product that is available in red, green, or blue, and in various sizes);
- Items that by their nature are non-returnable (such as items that it is not physically possible to return or which cannot be returned to the same physical state in which they were supplied).
10.3 For the avoidance of doubt, you may return items with hygiene seals (such as underwear) or which would not ordinarily be accepted for return on hygiene grounds (such as ear-rings for pierced ears), unless they are personalised, regardless of whether or not the hygiene seal has been removed, but please remember to wear your own lingerie when trying on knickers!
10.4 You will have a period of 28 days from receipt of your product to cancel your order and return the product to the Member for a refund, unless the product was purchased by you from a ruby+diva Wedding List, in which case such period shall be 56 days (eight weeks).
10.5 In respect of Products that are purchased from a Wedding List:
10.5.1 The Member shall allow the recipeint of the wedding gift a period of 56 days (eight weeks) from the date on which the product was purchased by the relevant customer to return the product to the Member for a refund or exchange, notwithstanding that they did not purchase it;
10.5.2 In the circumstances described in paragraph 10.5.1 above, the Member shall (at the Wedding Gift recipient’s option) either notify ruby+diva to process a refund (such refund to be to be made using the purchasing customer’s payment method) or allow the recipient of the Wedding Gift to transfer the value of the relevant product to the purchase of an alternative product of the same or greater value (in the case of the latter, subject to payment of the difference which, for the purposes of these Customer Terms, shall be treated as a new product sale).
10.6 Refunds in respect of products that are returned in accordance with paragraph 10.4 above shall be processed such that the refund is made to you as soon as possible and in any event no later than 30 days from the date of cancellation.
10.7 If you require a refund or exchange because a product is faulty, the full cost of the product and the delivery charge must be refunded within:
10.7.1 24 hours, where the Customer notifies the Member within 28 days; or
1o.7.2 30 days, where the Customer notifies the Member between 29 days and six months of the Customer receiving the Product.
10.8 Subject to paragraph 10.7 above, you shall be required to return a product that relates to a cancelled order or is faulty and shall be responsible for the return delivery charges (unless the product did not arrive at the your delivery address in the first place, in which case such costs shall not apply). If you fail to return the product, the Member shall be entitled to charge you for the direct costs of recovering that product, but you shall remain entitled to a refund.
11.1 The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
11.2 If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
12. Viruses, hacking and other offences
12.1 You must not misuse our Site by introducing viruses, Trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
12.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
12.3 We will not be liable to you 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 our Site or to your downloading of any material posted on it, or on any website linked to it.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire agreement
15.1 These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter.
15.2 Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them.
Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
16. Force majeure
Where we or a Member are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Member’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Member’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Member’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
17. Law and jurisdiction
English law shall govern contracts for the purchase of goods or services through our Site. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.