Last Updated: May 2020
means these terms and conditions;
means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of the Order;
means countries other than the United Kingdom (UK)
means an order placed by You via this Website for one or more Products;
means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and card details;
means any product advertised on this Website;
means England, Scotland, Wales, Northern Ireland and Isle of Man
means Affordable Luxury ltd (trading as Smart Luxury) based at 408 Wimborne Road, Bournemouth, BH9 2HB
Means smart-luxury.co.uk, any other URL operated by us and our mobile applications;
means a user of this Website;
means a human mistake or a technical or system failure which leads to incorrect pricing of Orders and/or Products.
Use of this website
Application of these Conditions
These Conditions apply to Use of this Website and are the terms and Conditions on which We will supply any of the Products to You and by proceeding further and/or placing an Order You agree to be bound by the Conditions. If You do not agree to be bound by them, You should leave this Website now.
Please click on the button to mark Your acceptance of these Conditions before placing an Order if You accept them. Please understand that if You refuse to accept these Conditions, You will not be able to Order any Products from the Website.
The terms and Conditions applicable to the purchase of Products offered for sale through this Website and the equivalent terms and Conditions for sale through River Island shops and elsewhere shall be mutually exclusive. In particular, promotions and offers advertised on this Website shall not be valid in connection with any purchase through River Island shops or elsewhere, and promotions and offers available through Our shops or elsewhere shall not be valid in respect of Website purchases.
When Using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. For Contractual purposes, You agree to this electronic means of communication and You acknowledge that all Contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
You may obtain further information about Your statutory rights by contacting Your local authority Trading Standards Department or Citizens Advice Bureau.
We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is Your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.
Contact Us if You have any questions relating to these Conditions or Ordering the Products generally by Using the Contact Us page.
You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to Your computer and/or email address to prevent unauthorised access to Your account.
Description and Availability
We take all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves All Products are subject to availability. In the event Products are unavailable they will be cancelled from Your Order and You will receive a refund.
For International Orders, prices appearing on this Website may be subject to taxes and duties (where applicable) at the current rates.
The cost of Your Order will be the price of the Products Ordered plus the appropriate delivery charge outlined in the “Delivery Services” section below. Please note that all prices on this Website are for on-line purchases only.
Due to circumstances beyond Our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs You will be notified and requested to reconfirm Your Order at the altered price.
By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.
Placing an Order
You must not Order Products via this Website if You are Younger than 16 years of age. In the case of Products which can only legally be supplied to people over the age of 18, this will be indicated on the Website in relation to the appropriate Product.
All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email from Us acknowledging that We have received Your Order. Please note that this does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us and We will confirm such acceptance by sending You an email that confirms that the Product has been despatched (the “Despatch Notice”). The Contract between Us will only be formed when We send You the Despatch Notice.
Where, in our reasonable judgment, we believe that there is an Error, we will be entitled to cancel Your Order and refund Your payment.
Where the Error is noticed before the Order is dispatched, we will use all reasonable endeavours to inform You and allow You to choose whether to re-place the Order at the correct price or to have Your Order refunded.
There are easy and flexible ways for You to pay for Your Order. We accept:
- Mastercard and Visa credit cards
- Maestro, Visa, Solo, Electron and Mastercard debit cards
You agree to indemnify Us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of Your Use of this Website or out of the Use of this Website by any person Using Your account number and/or password.
We warrant to You that any Product purchased from Us through the Website is of satisfactory quality and fit for the purpose for which Products of the kind are commonly supplied and in conformity with the Contract.
Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product You purchased.
To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.
We will not be liable to You in Contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.
Nothing herein shall affect Your statutory rights and You may obtain further information about Your statutory rights by contacting Your local authority Trading Standards Department or Citizens Advice Bureau.
Nothing in these Conditions shall limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.
The Contract will be concluded in English.
We may assign or transfer any of Our rights or obligations under a Contract.
You may not assign or transfer any of Your rights or obligations under this Contract.
If We fail, at any time of the Contract, to insist upon performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, 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 the terms and Conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.
These Conditions shall be governed by and construed in accordance with English law and You hereby submit to the exclusive jurisdiction of the English courts. Provided that, if You are a consumer with your habitual residence in a country within the EU, nothing in these Conditions will prejudice the rights that You may have under the mandatory provisions of the laws of such country, including your right to submit a complaint to the EU Online Dispute Resolution (“ODR”) platform accessible here.
The Contracts (Rights of Third Parties) Act 1999 shall not apply.
Secure online shopping
We believe buying on-line at Riverlsland.com is as secure as shopping in Our stores. This is because:
All payment transactions are carried out over an SSL 128-Bit Encrypted secure connection. We do this Using industry standard technology.
The padlock symbol, at the bottom of your browser window confirms this level of encryption. If You click on this, You will see Our VeriSign secure certificate, meaning that Your data is visible only to Us
When You visit this Website We may collect, and Our third party providers of advertisements and content may collect, information about where You are on the internet (e.g. the URL You came from, IP address, domain name types like .co.uk and .com), Your browser type, the country and telephone area code where Your computer is located, the pages of this Website that Were viewed during Your visit, the advertisements You clicked on, and any search terms that You entered on Our Website (“User Information”) We and they, may collect this User Information even if You do not register on this Website When You register or shop on this Website, We will (where applicable) ask You to input and We will collect Your Personal Information.
We will treat all Your Personal Information (which includes any User Information from which We can identify You) as confidential (although We reserve the right to disclose this Personal Information in the circumstances set out below). We will keep it on a secure server and We will fully comply with all applicable EU and UK General Data Protection and consumer legislation.
We confirm that Your Personal Information is held in accordance with the registration We have with the Information Commissioner’s Office We only Use Your Personal Information for the following purposes:
- Processing Your Orders;
- For statistical purposes to improve this Website and its services to You;
- To administer this Website;
- Other Use by Us to which You agree when asked on this Website.
When You register on this Website You are given the option to receive news and updates from Us by email and post which We feel may be of interest to You.
If You indicate Your agreement to being contacted by Us by these means You may subsequently unsubscribe from Our contact list at any time by contacting Us or following the “unsubscribe” directions given in any email received. You can also amend Your account profile at any time by signing-in and going to “My Account”.
Your Personal Information may be disclosed to other businesses within the group of which We are a part and to reputable third party Contractors engaged by River Island to perform a variety of functions such as processing Your Orders, assisting with promotions or providing technical services for Our Websites. We require all such third parties to treat Your Personal Information as fully confidential and to fully comply with all applicable EU and UK General Data Protection and consumer legislation.
You should be aware that if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information We are entitled to do so.
Cookies are small pieces of information that are stored by Your browser on Your computer’s hard drive. Our cookies do not contain any personally identifying information, but they do enable Us to provide features such as personalisation and to store Products in Your Shopping Basket between visits. Most Web browsers automatically accept cookies, but You can Usually change Your browser to prevent that. Even without a cookie, You can still Use most of the features on the Website, including placing Products in Your shopping basket and purchasing them.
Links to other Sites
We may offer links to sites that are not operated by Us. If You visit one of these linked sites You should review its privacy and other policies. We are not responsible for the policies and practices of other companies.
Questions and concerns regarding this policy and Your Personal Information should be directed to the following address:
408 wimborne road, Bournemouth, UK ,BH9 2HB
It is important to Us that You are delighted with all Our Products. If there is any reason why You are not completely satisfied with any Product You Order from Us, You can simply return it to Us – please see “Returning Products” section below.
Our carriers are unable to deliver to PO Boxes, airports, hospitals and prisons. We will also at Our discretion exclude delivery to any addresses which are considered to be insecure.
We are not liable for any parcels that are lost or stolen as a result of any specific delivery instructions left for the carrier.
We can deliver to British Forces Post Office (BFPO) addresses.
Delivery will be to the UK only , as specified in Your Order. We offer a variety of delivery options but We shall have no liability for any delay or failure to deliver Product if the delay or failure is wholly or partially caused by circumstances beyond Our control.
When placing an Order please bear in mind We are unable to deliver on Public or Bank Holidays and Orders placed on those days, or at busy periods may take longer to deliver.
Your expected delivery date will be confirmed at checkout when placing Your Order.
There may be issues with delivery of homeware Products via certain delivery services and to certain points. If We cannot deliver Your Order using Your selected delivery method and/or to Your selected delivery address, We will contact You to offer alternative options.
UK Next Day Delivery
We aim to deliver Next Day delivery Orders within 1 to 2 working days. ALL deliveries will be made between 07:00 and 22:00 Monday – Saturday (excluding Public/Bank Holidays).
UK Express delivery is not available to the following locations:
- The Scottish Highlands and Islands,
- Isle of Wight,
- Isle of Man,
- Northern Ireland
UK Standard Delivery
We aim to deliver all mainland UK standard delivery Orders within 3 to 4 days. (Except Hermes Parcelshop 7 days).
We aim to meet these timescales but during busy periods (including sale) deliveries may take a little longer.
ALL deliveries will be made between 07:00 and 22:00 Monday-Saturday (excluding Public/Bank Holidays).
Deliveries to The Scottish Highlands, Scottish Islands, the Isle of Wight, Isle of Man and Northern Ireland may take up to two working days longer.
We also deliver to the Channel Islands. For details of the service and cost please see Our Delivery page.
If You paid for your delivery by a certain date or time and it does not arrive by that date, let us know and We will begin Our missing parcels procedure. If You paid for standard delivery and Your Order fails to arrive within 10 days (UK only) of despatch and You notify Us. We will investigate Your claim and if We are satisfied that the non arrival of the Product(s) was attributable to Us then a refund will be credited to the payment method which was Used to place the Order. Please note that We may refuse to make future deliveries to addresses that are considered to be insecure. In this event You will be contacted by Our Customer Services Team and asked to provide an alternative delivery location for future Orders.
Consumer Contracts Regulations 2013
If You are placing an Order as a consumer online or by phone –
- You have 14 days from receipt of delivery to return the Product to Us by one of the methods specified in the despatch note.
- If You purchased Your item through our website or mobile app You have 14 days from the day You received your delivery for the items, you are returning to reach Our Distribution Centre. All items being returned must be unused and in their original packaging.
- Should You request a refund outside of these times then we may reject Your refund request or chose to refund You directly to a gift card.
- We will refund You within 14 days of receiving Your returned Products. Provided the full Order is cancelled and returned, refunds will include any delivery cost You have paid to a maximum of the standard delivery rate
- We may make a deduction from the refund for any damage to or unnecessary handling of the Products by You.
- This is not a full statement of Your rights under the Regulations. Full details are available from Your local Trading Standards Authority or Citizens Advice Bureau
United Kingdom Returns
For reasons of health and hygiene, We cannot offer refunds on food, grooming Products, Products for piercings and intimate wear. Mattresses, mattress toppers, divans, duvets and pillows can only be returned if the original packaging is still sealed, unless faulty. Duvet sets must be in a re-saleable condition, unused, in original packaging with all contents present. Swimwear cannot be returned if the hygiene strip has been removed and cosmetics cannot be returned if the hygiene seal is broken. Self-assembly furniture cannot be returned if assembly is part or fully completed. When returning gifts, electrical products, make-up and cosmetics we would appreciate it if you could return all original packaging.
Please note that for any other Products, returns will only be accepted where the Products are returned in a good and saleable condition (other than where the Products were not in a good and saleable condition when You received them).
You can return Products in one of the following ways:-
Some of these options may not be available for all of our homeware Products. Please follow instructions on the despatch note, or additional information enclosed with Your Order.
Returning via Store
Products bought online can be returned at Smart Luxury, 408 Wimborne road BH9 2HB within 14 days of receipt. Please take with You the Products you want to return, and Your despatch note. The refund of items purchased online can only be processed through the payment method used when You placed Your order. The refund is completed automatically and you do not need to present your payment card. An email will be sent to the email address you used when placing your order within 24 hours to confirm the refund has been processed.
Returning via the Post Office™ (UK only)
If You prefer to return the Products by post then simply repack Your returns in the original packaging or another suitable bag and send it via a signed for service to Smart Luxury, 408 Wimborne Road, BH9 2HB. Please write a note inside the bag about your name and addresstoo
. Remember to obtain a Certificate of Posting from the Post Office. This is Your proof should any returned parcel go astray. Without this receipt we will not be able to refund you if your parcel is lost. It also contains a unique reference number, which You can Use if You have a query.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or Our licensors. River Island is a registered trademark owned by Us.
All notices given by You to Us shall be to Our address set out in these Conditions. We may give notice to You at either the email or postal address You provided to Us when placing the Order. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or 3 days after the date of posting any letter, provided that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Contract that is caused by events outside Our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:-
- strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the Use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the Use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will Use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.