– TERMS & CONDITIONS –
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.elizabethshaw.co.uk and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Elizabeth Shaw Limited, hereinafter referred to as “The Company”.
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions, please contact our Customer Service team by emailing firstname.lastname@example.org.
These terms and conditions will apply to all orders for Products which are being delivered within the UK.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Product – means a product displayed for sale on the Website
Product Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided
Users – means the users of the Website collectively
Personal Information – means the details provided by you on registration
We/us – means Elizabeth Shaw Limited, registered office 1 Glentworth Court Lime Kiln Close, Bristol BS34 8SR.Registered in England. Company registration number: 03737259
VAT no: GB753186030
Website – means the website located at www.elizabethshaw.co.uk or any subsequent URL which may replace it
Cookies – means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer
Mainland United Kingdom – UK mainland excluding places that are not on the main island, like the Isle of Man, the Channel Islands, the Isle of Wight, and the Isles of Scilly. This also includes Northern Ireland, and remote areas of Scotland.
You – means a user of this Website.
Information About Us
Our Site, www.elizabethshaw.co.uk is owned and operated by Elizabeth Shaw Limited.
Access to and Use of Our Site
Access to Our Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
The Site is not intended for individuals under the age of 16.
These Terms and Conditions, all content included on Our Site, unless, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is Our property. By continuing to use the Our Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on Our Site without written permission from Our authorised representative.
Links to and from other websites
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Elizabeth Shaw logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Elizabeth Shaw Limited’s trade marks displayed on the Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.
Description of products & prices
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.
We will give you the option to purchase the Goods at the correct price or to cancel your Order
We will not proceed with processing your Order until you respond.
If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of the same in writing.
All prices on Our Site include VAT where applicable. If the VAT rate changes between your Order being placed and Us taking payment, we reserve the right to adjust the the amount of VAT payable Delivery charges are not included in the price of Goods on Our Site. Delivery options and related charges will be presented to you as part of the order process.
Orders – How Contracts Are Formed
Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website
We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation email detailing the Products you have ordered. These emails do not constitute acceptance of your order
When your product is shipped from our warehouse we will send you a despatch confirmation email
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in how do I change or cancel my order.
For most products sent directly from our warehouse, your credit/debit card will be charged when your order is placed.
Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock
Our inability to obtain authorisation for your payment
The identification of a pricing or product description error
Your not meeting the eligibility to order criteria set out in the main Terms & Conditions
Should we have taken payment prior to non-acceptance of your Order then we will refund you, but please note that it can take up to 5 days for the bank to transfer the funds to you
The contract will be concluded in English.
CONSUMER CONTRACTS REGULATIONS 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
Your right to return or cancel products does not apply to goods that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn’t affect your statutory rights if goods are faulty or not as described.
If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
You can cancel by email: email@example.com or call 033 000 217 07 or write to: Customer Services, Elizabeth Shaw Limited, 1 Glentworth Court Lime Kiln Close, Bristol BS34 8SR
If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). Any cancellation of order may incur an admin fee.
Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. We accept the following methods of payment on Our Site:
- Apple Pay
Delivery, Risk and Ownership
All Goods purchased through Our Site will normally be delivered within the times given on the Site during the Order process.
If We are unable to deliver the Goods on the delivery date (if, for example, no one is available at your address to receive the Goods) We will follow any delivery instruction you may have given or attempt to leave your goods in a safe place. If this is not possible, our carrier will leave a note advising of where your goods have been returned to, and how to either arrange re-delivery or collect them.
In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our dispatch confirmation, if any of the following apply you may cancel your Order immediately:
- We have refused to deliver your Goods; or
- In light of all relevant circumstances, delivery within that time period was essential; or
- You told Us when ordering the Goods that delivery within that time period was essential.
Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.
The risk in the Goods shall remain with Us until they come into your physical possession.
Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
None of our Products are for resale and the offering for sale of any of our Products is strictly forbidden. We reserve the right to take legal action in respect of any resale or offer for sale.
At present we only deliver to Mainland United Kingdom.
Faulty, Damaged or Incorrect Goods
By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
Beginning on the day that you receive the Goods you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request replacement Goods. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the replacement and will resume on the day that you receive the replacement Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
Please note that you will not be eligible to claim if We informed you of the issue with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them). Please also note that you may not return Goods to Us because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason.
To return Goods to Us for any reason contact us at firstname.lastname@example.org or call 033 000 217 07.
Refunds (whether full or partial, including reductions in price) will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: adverse weather, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
How We Use Your Personal Information (Data Protection)
- Provide Our Goods and services to you;
- To organise and facilitate the supply of our Goods and services to you;
- Process your Order (including payment) for the Goods; and
- Inform you of new products and/or services (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
Governing Law & Jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
For any queries regarding our service, please contact us via email, phone or post via the Contact us page.
Our company details are:
Elizabeth Shaw Limited
Registered office: 1 Glentworth Court Lime Kiln Close, Bristol BS34 8SR
Registered in England. Company registration number: 03737259
VAT no: GB753186030