Terms & Conditions of Trade
Terms and Conditions
Please read these Terms & Conditions carefully. You will be asked to confirm your agreement to these before you place an order for products. We will remind you to indicate you have done so by clicking a box at "Checkout". As we may update these Terms & Conditions from time to time and do not guarantee that the version you have agreed to will remain accessible, we recommend you download, print and retain a copy for your records. Should you have any questions, then please call us on 07928 218327, e-mail us at email@example.com or write to us at the address below.
In these Terms & Conditions, “we” means Elizabeth Alexander Designs Ltd and our trading website www.elizabethalexander.co.uk, (and “us”, “our” and “our website” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
You can place an order through our website. Please see “Our Website/Ordering” for instructions on how to order.
Once your order has been received we will send you a confirmation e-mail. This is not a confirmation that a contract has been created between us. Our contract for sale will only come into existence once we have checked that we are able to meet your order and sent you an e-mail confirming it has been despatched. We reserve the right to cancel your order for any of the following reasons:-
• The product is out of stock. We will contact you to advise you of this.
• There is an error in either product description or pricing. We will contact you to see whether you wish to proceed with or cancel your order.
• We are not able to process your payment.
• If you do not meet any of the criteria set out below in (6) Your Warranties.
Acceptance of any order received from outside the United Kingdom is at our complete discretion and subject to acceptance of our full terms and conditions.
4. Products & Pricing
All products are sold subject to product descriptions. We are careful to give our products as true and accurate description as possible. Images of products on our website are for illustrative purposes; actual products may differ slightly.
For despatch to countries outside the EU, VAT will not be charged. These packages may however be assessed for import or customs fees, depending on the laws of the particular countries. Customs or import duties are levied once the package reaches the destination country. We are not liable for any charges for customs clearance and any sums due are to be borne by you. We have no control over these fees and cannot predict what they might be. Customs policies vary widely from country to country, and in the US from state to state, and therefore you may wish to contact your local customs office for information prior to placing your order.
Your order will normally be inclusive of delivery charges, however we reserve the right to make alterations to this policy. In all cases, we will clearly indicate any shipping costs, including any free delivery at the “Checkout”.
Product prices are liable to change at any time, but this will not affect contracts which have come into force. We reserve the right to withdraw any products from our website at any time and review or edit any of its content.
We accept payment by the methods shown on our website.
We do not collect or retain any credit or debit card details. This information goes directly to the bank processing the transaction and is processed through our payment gateway provider’s secure server (See our Security Policy). Payments will be subject to validation and authorisation by your card issuer.
6. Your Warranties
In placing an order with us, you warrant to us that:
• you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms & Conditions;
• the information provided in your order is accurate and complete; including your name, e-mail address, telephone number, delivery and billing address plus any other requested information;
• you will be able to accept delivery of the products at a delivery address in the United Kingdom (or address supplied by you) which must not be a PO Box.
• you are making payment using a valid payment method issued to you and not fraudulently obtained; and,
• you are at least 18 years old.
We will arrange for the products to be delivered to you at the address stated in your order. We will make every effort to deliver products during the timescales set out on our website, and in any event within 30 days, unless we notify you of an exceptional delay.
We cannot be held responsible for late delivery due to circumstances beyond our control, such as strikes, shortage of supply or extreme weather conditions.
We are not liable for any charges in relation to customs clearance which may result in the delay of an order reaching its delivery address.
Please see our website for further information about deliveries.
8. Contract Cancellation
Under the Distance Selling Regulations 2000 you can cancel your contract with us within 7 working days of receipt of your items. Should you wish to do so you must e-mail us at firstname.lastname@example.org or write to us at the address shown below.
If we have despatched your order, we require you to return the unopened parcel to us immediately following the “Returns” instructions posted on our website. Please note that you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
9. Returns & Refunds
To return a product to us, you must follow the instructions as set out on our website. This returns policy does not affect your statutory rights (such as your rights under the Sale of Goods Act 1979 and the Consumer Protection (Distance Selling) Regulations 2000.
You must return the product to us unused, in its original packaging and wrapped as securely as possible. We cannot be held responsible for packages that are lost or damaged in transit therefore we ask that you obtain proof of posting (using a recorded, special, or tracked delivery service) with sufficient insurance and return it to us at the address below.
We do not refund original or return postage unless the product being returned to us is damaged or faulty. We will refund any money received from you using the same method you used to pay for your purchase. Your refund will be processed as soon possible, in any event, within 30 days of receiving your returns.
10. Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon their delivery. If you wish to return a product to us, you will be responsible for it until it is received by us.
11. Statutory rights
Nothing in these Terms & Conditions affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
12. Using Our Website
We own the intellectual property rights of our website design, icons, graphics, text and material. Certain company names used in our website are the property of their respective owners and have been reproduced with their permission.
You may view, download and print pages for your own personal use only. Reproducing, copying, selling or distributing material from our website for commercial purposes is strictly prohibited.
13. Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by these Terms and Conditions.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control, including but not limited to acts of God, strikes, fire, war, failure of any communications, telecommunications or computer system, breakdown of machinery, shortage or unavailability of supply.
14. General terms
The only language in which we provide these Terms & Conditions is English.
Contracts under these Terms & Conditions may only be varied in writing signed by both you and us. We may revise these Terms & Conditions from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these Terms & Conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provisions will be deemed omitted.
No waiver of any provision of these Terms & Conditions, by conduct or otherwise, in any one or more instances, will be deemed or construed to be a further or continuing waiver of that provision, or any other provision of these Terms & Conditions.
We are not liable for any losses, costs, damages or expenses incurred arising directly or indirectly from any failure to meet any estimated delivery date.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms & Conditions. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these Terms & Conditions, at any time – providing such action does not serve to reduce the guarantees benefiting you under these Terms & Conditions.
Each contract under these Terms & Conditions is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, anyone else. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section : these Terms & Conditions contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these Terms & Conditions have been made by or on behalf of the other party in relation to the purchase of products from our website.
These Terms & Conditions will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these Terms & Conditions.
Our full name is Elizabeth Alexander Designs Ltd. Our registered office address and trading address is:-
Little Posenhall Farm
Shropshire TF12 5BE
Tel: 07928 218327
Company Registration No: 8815241(Private Limited Company registered in England & Wales)