TERMS & CONDITIONS
Version: Updated June 2023
These are the terms below that will apply when you buy any products from us.
Descriptions and Product Information
All products displayed on our site are for online merchandising purposes only and are available only while stocks last.
If a product is not available, it shall be removed and deemed not visible on our website.
You can make purchase of our products through our online checkout process. Our shopping pages will guide you through the steps needed to securely place an order with us through our website. Our order process allows you to check and approve your order before final submission to us. Please take the time to read and check your order status at each stage of the process. After you place an order, you will receive an e-mail confirmation from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted by us and we reserve the right at all times and at our sole discretion to refuse to accept any orders. We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched and processed. The contract between us will only be formed when we send you this processed confirmation. If we are unable to supply you with a product, we will inform you via e-mail and we will not process your order.
How to Pay
You can only pay for products using a debit card, credit card, and PayPal Payment for products and all applicable delivery charges will be taken at the time of ordering.
Shipping & Delivery
We will take all reasonable steps to deliver your products within the periods set out in our shipping area. However, delivery times are subject to stock availability, and to possible delays due to credit card authorization, compliance with customs controls and other factors outside our control. We will advise you as soon as possible if there is a delay or likelihood of delay in the supply of products. If the products cannot be delivered within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us. Please note that delivery of your order may take longer during a sale or other busy periods.
You will need to ensure somebody is available to sign for receipt of the products at the delivery address. If there is nobody at the delivery address to take delivery and sign for the products, you can contact the courier to arrange a new delivery time. We cannot be responsible for any delivery problems arising from incomplete or incorrect address details supplied by you.
Delivery of an order shall be completed when we deliver the products to the address detailed in your order and the products will be your responsibility from that time. You own the products once we have received payment in full, including all applicable delivery charges. If you prevent delivery of the products by, for example, failing to supply the courier or your local customs, tax office with necessary information or documentation, or failing to pay local customs, taxes or courier’s administration fees so your package is returned to EVA WAMBUI LLC, any resulting return postage or courier’s administration fees incurred will be deducted from the amount refunded to you in respect of that order.
Returns & Exchanges
We will refund or exchange (where stock is available) any unused products at any time during the period from our dispatch confirmation to the end of 28 days after the day on which you receive the products. This does not affect your statutory rights.
Any refunds must be made through the website, following the returns procedure documented on the “Returns Form” supplied inside your original order. Any refund will be made in the same way as your original payment method. Products ordered through our website can only be returned for a refund using these procedures. At the moment we cannot accept returns or issue refunds at any of our shops or in person at any of our return addresses.
Like-for-like exchanges or exchanges of a higher monetary value (where additional payment is required) can be processed at a EVA WAMBUI retailer But only at the manager’s discretion as so long as adequate proof of purchase is provided. We always aim to honor an exchange during the exchange period above. If the product you require is out of stock we will contact you and give you a choice of an alternative product or issue you with a refund. We recommend you contact us ahead of time to reserve a product required for an exchange. If the item you require is of a higher value we will contact you to take the additional payment. We will ship the replacement product to your original delivery address, which shall be at our cost if the original product was defective.
Return of Products
You must return all products to us. Please try to return products in or with their original packaging with all their labels intact. The date your products were dispatched by us will be detailed in the dispatch confirmation email sent to your nominated email address that we sent you.
Please note that you are responsible for the products while they are in your possession. We recommend that you wrap your products safely and securely to avoid damage in transit back to us. You will need to include your completed "Returns Form", peel off the supplied return address sticker and send your package back to “EVA WAMBUI LLC Online Returns” to the applicable returns address listed below:
Customers in the United States
EVA WAMBUI LLC
DBA:HOPE AND BAGS LLC
Limitation of Liability
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for, death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples) and defective products under the Consumer Protection Act 1987.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations caused by any act or event beyond our reasonable control (including without limitation, flood, drought, earthquake or other natural disaster, fire, explosion or accident, labor or trade disputes or strikes, non-performance by suppliers or subcontractors or interruption or failure of a utility service). We will contact you as soon as reasonably possible to notify you if any of our obligations will be suspended or delayed, and please refer to the Delivery section above.