1. Introduction

1.1 www.thelavenderswan.com (the “Website”) “Company”, “we”, “us” and “our”) is a partnership company registered in South Africa with company number 2020/752799/07, and TAX number 99324455174. Our registered office is Zwaanswyk Road, Steenberg Estate, Cape Town, South Africa, 7945.

1.2 These are the terms and conditions (“Terms”) which govern your interaction with our Website and related services (including any applications which allow you to buy our products from us on mobile devices) (“Services”). In particular (but without limitation) these Terms apply to any invitation to treat, offer, sale and purchase of any products on our Website (“products”). Please read these terms and conditions carefully before using the Website or ordering any products. By using our Website, you agree to be bound by these terms and conditions. 

1.3 These terms and conditions should be read alongside, and apply in addition to, our [Data Promise] (and the Cookies Policy it contains), which contains important information regarding how we use your personal data.

1.4 We reserve the right to change these terms and conditions from time to time by updating the version generally available on the Website. By accepting these terms and conditions you undertake to check, prior to each use of the Website, for any changes to these terms and conditions. Your continued use of the Website, after any such changes to these terms and conditions, will constitute your acceptance of these terms and conditions as amended.

2. Orders

2.1 You are currently reading these terms and conditions on our international website. If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

If you have any questions regarding orders, please contact  us on clientservices@thelavenderswan.com Monday – Friday, 9am until 9pm and Weekends + Holidays noon until 8pm .

2.2 Please note that these Terms do not affect your statutory rights. For more information about your rights contact a lawyer, your local Citizens Advice Bureau or Trading Standards Bureau.

2.3 You warrant that the information that you provide when you register for an account on the Services is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately. We may also change registration requirements from time to time.

2.4 We may change, withdraw, or suspend access to the Services (in whole or in part and permanently or temporarily) with or without notice and with no liability to you.

2.5 The Services may include links to other websites or resources. We have no control over the content of such websites and shall not be responsible or liable to you in any way for their content. We shall not be deemed to endorse or have any affiliation with any other website, service or products as a result of the Website linking to them and you are advised to check the terms that apply in relation to any such third party websites.

2.6 Any material that you upload to the Website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. Subject to our [Data Promise], we also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy.

2.7 We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the Services and you agree to be responsible to us for and indemnity us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Services.

2.8 We have the right to remove any material or posting you make on the Services at our sole discretion.

3. Purchase of Products

3.1You are able to buy The Lavender Swan product(s) in your local currency at a price that includes any applicable sales taxes (such as VAT), plus international delivery costs and fees and, if available for pre-payment, any import duties, tariffs and similar fees that may be imposed by the delivery destination country.

3.2 You are advised that the characteristics of the product(s) you are buying from The Lavender Swan, as well as the price, delivery costs and (if available for pre-payment) import charges, shall be those displayed to you at checkout (or similar).

5. Orders

5.1 Browsing and the purchase of The Lavender Swan product(s) is done on the thelavenderswan.com international website. Orders are placed by selecting the product(s), placing them in the shopping cart and transmitting the order by clicking on the “PROCESS ORDER” button at checkout. This process permits you to check and amend any errors before placing your order.

5.2 To place an order on our international website, you must be at least 18 years of age (or any age legally required under local law where you are resident to bind yourself legally to these terms). By doing so, you confirm to us that you meet this requirement.

5.3 Once you have placed your order, we will promptly acknowledge your order by sending you an email which will contain the relevant details of your order. Please note, this does not constitute The Lavender Swan’s acceptance of your order to buy the product(s) – it only constitutes our acknowledgement of your order. We do not accept your order (and therefore we make no commitment to provide you with the products), and no contract for the sale of such products shall come into effect, until we specifically accept your order and notify you by email that we have dispatched the product(s) to you.

5.4 If the payment method you selected at checkout supports an authorisation mechanism (e.g. most credit/debit cards), when you place your order we will only authorise the applicable amounts, and you will be charged only after your products have been dispatched to you. Please note that we charge the full order amount even if it is part dispatched.

5.5 We make the appropriate efforts to process and fulfil any order as quickly as possible. However, we may, upon notice to you, decline to accept your order if: (a) the Product(s) is unavailable (in which case, if the payment was processed, we will refund you in accordance with these Terms); or (b) we are unable to verify the payment information you provided. 

5.7 We may, if we suspect someone’s identity, address, email address and/or payment information is being used fraudulently or in an unauthorised manner, also require additional verifications or information before accepting any order. 

5.8 You agree that our Products displayed on the Website or other Service is an invitation to treat and that your order for any Product(s) is an offer to purchase such Product(s). All orders are subject to our acceptance and availability. Items that are placed in your shopping basket are not reserved and may be purchased by other customers. We will inform you if we are unable to fulfil your order.

5.9 We may choose not to accept your order in our discretion for any reason without liability to you. Examples of occasions we may not accept your order are: that we are unable to obtain authorisation for payment; shipping restrictions apply to a particular item; the item ordered is out of stock; the item ordered does not satisfy our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within these Terms.

5.10 We are under a legal duty to supply goods that conform with their description on the website.

5.11 Please note that we may refuse to process an order that is a multiple of a single product, for example an order for three of the same dress, in the same colour.

5.12 We may also refuse to process (and therefore accept) a transaction for any reason to anyone at any time at our sole discretion. This includes refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

5.13 After submitting an order to us, we will send you an order acknowledgment email. This email will include your order number, details of the items you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order.

5.14 Acceptance of your order and formation of a contract of sale takes place when your order has been dispatched and we have sent you an email confirming this.

5.15 When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. Where we ask you to provide and use identifiers and passwords to access restricted parts of the Website, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware or suspect any unauthorised use of your account.

5.16 The status of any order is usually updated within 1 hour but we make no representation or warranty as to any such functionality or uptime.

5.17 Payment will be debited from your card when your order is dispatched. If the payment method you selected at checkout supports an authorisation mechanism (e.g. most credit/debit cards), when you place your order we will only authorise the applicable amounts, and you will be charged only after your order has been dispatched to you. Please note that we charge the full order amount even if it is dispatched in parts.

5.18 For certain delivery destination countries and/or product(s), you may be offered the option to pre-pay applicable import charges, which will then be calculated and included in the final price when you place an order. You acknowledge that such import charges are set by the delivery destination country and therefore may vary from country to country. 

5.19 You can pre-order new season items and make payment in advance. When you pre-order an item, payment will be taken and your order will be held until we have received the stock. In the product page of pre-order items you will find information regarding expected shipping dates. If your order includes both in-stock and pre-order items, or you purchase more than one pre-order item with different expected shipping dates, items will be dispatched on arrival at the warehouse, however you will incur a single shipping charge. When an item is dispatched, you will receive a shipping confirmation email so that you may track the delivery.

5.20 We may store a record of your transactions in accordance with our [Data Promise]

6. Prices

6.1 The price of products may be either pre-set to your local currency or calculated according to the rate of exchange between the base currency that you select as part of the purchase process at the time you create your order and displayed at checkout.

6.2 Prices shown on our international Website will be charged in your local currency and are inclusive of VAT. Prices do not include delivery costs or taxes & duties.

6.3 All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Website at the time the order is accepted will be honoured, except in cases of obvious error.

6.4 If you are a customer whose credit/debit card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. All orders on the UK website are placed with the Company, which is a UK entity. Your card issuer or payment method provider may therefore apply other international bank charges. We have no control and cannot predict the amount of these charges. Please contact your issuing bank before placing your order if this applies to you.

6.5 For certain delivery destination countries and/or products, you may be offered the option to pre-pay applicable import charges, which will then be calculated and included in the final price when you place an order. You acknowledge that such import charges are set by the delivery destination country and therefore may vary from country to country.

6.6 In the event that the option to pre-pay applicable import charges is available for you and you choose to pre-pay such import charges, your final price will be fully guaranteed by us and we will be fully responsible for paying the actual import charges as will be determined by your delivery destination country upon import of your order.

6.7 Courier IT may contract with a local licensed customs broker in your country. Agreement to these Terms serve as an authorisation for the applicable customs broker to act as your agent to: (a) conduct transactions with the local applicable authority, (b) execute related documents on your behalf in connection with the import of products in your order, (c) facilitate the payment of applicable import charges; and (d) if applicable, return such product to Courier IT (subject to these Terms). However, you acknowledge that, in the case of a return of product under the Additional Returns Policy below, you (and not Courier IT or anyone on its behalf) will be fully responsible for claiming back such import charges from the applicable tax authority, to the extent possible, and Courier IT shall have no responsibility or liability in connection with such claim.

6.8 You may decide not to pre-pay the import charges at checkout, or the option to pre-pay these may not be available for your delivery destination country. In such cases (i.e. where pre-pay doesn’t apply): (a) you are advised that the amount of import charges displayed under the pre-pay option on the checkout may not reflect the actual import charges payable by you as determined by your delivery destination country’s relevant authority, which may be more or less than such estimate; and (b)you will be fully responsible for paying all applicable Import Charges directly to the relevant authority(and for reclaiming them in the event of a cancellation or return or a return of products, to the extent permitted in the these Terms) as determined by the authorities of the delivery destination country, and Courier IT shall have no responsibility or liability in connection with the foregoing.

6.9 If you elected not to pre-pay import charges, or failed to pay import charges, or refused to accept an order not in accordance with a due cancellation procedure under these Terms, resulting in the order being returned to Courier IT or The Lavender Swan, then you may be liable for the return delivery costs and may not be reimbursed or refunded for delivery costs paid by you for making the delivery to you. We may also charge you with additional direct or indirect charges resulting from said failure or refusal. We may, if that is in accordance with these Terms, reimburse and refund you for the cost of the products, but not the import charges which may or may not be reimbursable by the relevant authority. 

7. Payment

7.1 By placing an order via the checkout, you acknowledge and agree that: we, or one of our third party payment processors, will charge you through the payment method you have selected at the checkout.

7.2 You may pay with the payment methods specified at checkout. The availability of such payment methods is dependent on your geographical location. 

7.3 After completing your thelavenderswan.com purchase, you will notice that your payment method is charged by 2checkout or PayPal and your purchase is subject to 2checkout and or PayPal terms and conditions and privacy policy 

7.4 You acknowledge and agree that: (i) we, or one of our third party payment processors, will charge you through the payment method you have selected at checkout for such order and such other amounts payable under these Terms that may be due in connection with the order; (ii) you will provide valid and current information about yourself; (iii) we may use the tools, software or services of Payment Processors to process transactions on our behalf; and (iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, and those are not retailer charges or fees, and we have no control over this nor do we have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and we also have no way of knowing in advance whether you will be charged such fees or surcharges.

7.5 Payment will be debited and cleared from your account upon completion of the order process on the Website or other Service. When you select the PayPal or 2checkout payment option at checkout, you will be directed to the PayPal or 2checkout site to ‘Log In’ to your account and review the total amount to pay before clicking ‘proceed to 2checkout or proceed to PayPal. Once you click ‘Place Order’ and you are returned to the Website, your transaction is complete. We shall have no responsibility or liability in relation to the terms and conditions agreed between you and PayPal, 2checkout or any other payment intermediary.

7.6 You confirm that the method of payment that is being used is yours or that you have been specifically authorised by the owner of the same to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If your payment provider refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

7.7 To help ensure that your shopping experience is safe and secure, we (or our third party payment processors, as applicable) use industry standard security systems to encrypt your payment details to guard against unauthorised access.

7.8 We have the right to cancel your purchase without prior notification. Examples of occasions we may choose to cancel your purchase are: your card details have been flagged by our fraud screening processes or are declined by our fraud screening processed.

7.9 Furthermore, we take 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 to the maximum extent permitted by law, and 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 website. Please also refer to the terms of our [Data Promise].

8. Insurance and Delivery

8.1 Ownership of any products ordered by you from us shall pass to you on the date and time of delivery to your nominated address.

8.3 We insure each purchase during the time it is in transit until it is delivered to your specified delivery address. A signature is required 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 fulfilment by us, and transfer of responsibility in the same way.

  1. We shall be entitled to supply your purchases in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.

9. Shipping

9.1 When your order is shipped, we will send you a confirmation email, which will include your tracking number. You can track and trace your order using this link. Order status usually updates within an hour after the order has been placed, but functionality and uptime cannot be guaranteed.

9.2 A signature will be required upon delivery of your order and we shall have no responsibility or liability for any failure to provide such a signature. Please also be aware that our service is not a named delivery service and anyone at the designated delivery address may sign for your delivery. We will not be liable for a lost or missing order that has been signed for at the address given by you by somebody other than you (for example, in an office address).

9.3 If no one is available to sign for the delivery, the driver will make a total of three delivery attempts on three consecutive business days. If there is still no one available to sign for the package, after 5 days with no communication, it will be returned to our warehouse.

9.4 When placing your order please ensure that the billing and shipping address details are correct as we are unable to redirect packages once an order has been processed. You are responsible for any inaccurate or incomplete details provided to us.

10. Delivery Costs and Times

10.1 We deliver Monday to Friday excluding public holidays. 

10.2 International delivery times, costs and duties are dependent on your shipping location and will be displayed at check out.

10.3 Delivery times are estimates and start from the date of dispatch. Please note that in some areas there is a limited range of delivery services available. We will endeavour to send your order out as quickly as possible but we cannot be responsible for delays as a result of remote delivery locations or adverse weather conditions.

10.4. All orders arrive in discreet packaging with no indication of its contents.

11 Returns

11.1 If you wish to return any item(s) from your international order you must obtain return authorisation (RMA) within 14 days of delivery.

11.2 You can request an RMA by logging into the Courier IT Returns Portal or by contacting our client services team at clientservices@thelavenderswan.com.

11.3 Courier IT will then contact you within a reasonable time to confirm whether your return has been authorised. If your return request has been authorised, we will provide you with instructions concerning the return shipment, including an RMA number which you must include in the return package.

11.4 Upon receipt of the return and confirmation that it has been returned in accordance with the applicable requirements, The Lavender Swan will reimburse you for the actual paid price of the item(s) returned.

11.5 If you have paid import charges in connection with your order (either pre-paid at checkout or paid upon receipt of the order directly to the applicable authority), you acknowledge that (a) you must seek reimbursement directly from the applicable authority in your country, (b) it will be your sole responsibility to claim such import charges back from the applicable authority in your country, and (c) Courier IT cannot guarantee that such claim will be successful. If you have pre-paid Import Charges through at checkout, upon your written request we may exert appropriate efforts to assist you in obtaining reimbursement of such Import Charges.

11.6 Any delivery costs paid in connection with the order are non-reimbursable or refundable. Moreover, any delivery and clearance costs incurred by you when returning products are non-reimbursable or refundable. 

11.7 Return deliveries are at your risk and we therefore advise you to use a courier service offering a tracking number, and to take out adequate insurance to cover the cost of the goods in transit.

11.8 Items must be returned in their original condition with all garment tags attached in the branded packaging provided. This is also to ensure that item(s) arrives back to us in a suitable and undamaged state. Returns that have been worn, used, altered or damaged will not be accepted and may be sent back to you and/or a refund refused. Where provided, belts and any packaging such as instructions, authenticity cards, dust bags, and leather tags should be included with your return. 

11.9 Please note items received outside of the specified returns period will not be accepted.

11.10 Once the items have been received they will undergo a quality review. Once cleared, you will receive a refund on the cost at purchase price directly to the original method of payment used for purchase. 

11.11 We do not refund initial shipping charges for items returned, other than for faulty items. Your own return postage costs are not refundable.

11.12 We endeavour to process refunds as soon as they are received but please allow 5 working days for returns to be processed. You will receive an email notification of the status of your refund once processed.

12. Refunds

Refunds will be credited to your original method of payment. Shipping charges and duties will not be refunded. If your return was purchased in a currency other than your local currency, refunds will be paid in the same currency. Due to fluctuations in currency rates the amount refunded may be slightly higher or lower than the price originally paid. On receipt of return, we shall process the refund as soon as possible. We estimate that refunds will be made by the provider within 7 working days.

13. Faulty Items

Items are faulty if they are received damaged. Items that are damaged as a result of normal wear and tear are not considered to be faulty. Where possible, we will offer to repair faulty items. When items deemed faulty cannot be repaired or the same item is not available, a full refund will be offered.

13.1 Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“ICACRs”)

13.2 Nothing in these Terms shall affect your right to return products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any equivalent or replacement laws.

13.3 To exercise the right to cancel, please inform us by email to: clientservices@thelavenderswan.com

13.4 On receipt of your notice of order cancellation, client services will contact you (using any of the contact information that you have supplied to us and in accordance with our [Data Promise]) with return instructions. Please complete the returns form that you received with your order, and include it with your return so we can process your refund promptly.

13.5 Please note that you must cover the cost of the return shipment, as our free collection service does not apply in this case.

13.6 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our office. We also recommend that you use a secure, trackable means to return your order to us at clientservices@thelavenderswan.com and you retain proof of sending, in case of a dispute.

13.7 All items must be returned unused, in their original condition and from the country that the order was delivered to.

13.8 We will refund the full value of your order, within 14 days of receiving your notice of contract cancellation. If we do not receive the cancelled order, we will arrange to have it collected from you at your cost.