1. These terms
1.1 What these terms cover:
These are the terms and conditions on which we supply our products, via online, telephone and instore to you.
1.2 Why you should read them:
For online orders please read these terms carefully before you submit your order to us. For online, telephone and instore, these terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are:
We are Emmy Limited a company registered in England and Wales. Our company registration number is 05123859 and our registered office is at 74 Fulham Road, Chelsea, London, SW3 6HH. Our registered VAT number is 836912900.
2.2 How to contact us:
You can contact us by telephoning our customer service team at 020 7704 0012 or by writing to us at email@example.com or Unit 4.31, United House, North Road, London, N7 9DP.
2.3 "Writing" includes emails:
When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order:
Our acceptance of your order will take place when we email you to accept it or we inform you that we are able to provide you with the product, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order:
If we are unable to accept your order, we will inform you of this, if we have not taken payment we will not charge you for the product, if we have taken payment, we will provide a full refund.
3.3 Your order number:
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 Products may vary slightly from their pictures:
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements have a 5% tolerance.
5. Your rights to make changes
5.1 If you wish to make a change to the product you have ordered please contact us. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7- Your rights to end the contract).
6. Providing the products
6.1 Delivery costs for Online and Telephone orders:
The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products for Online and Telephone orders:
During the order process we will let you know when we will provide the products to you, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or we will contact you with an estimated delivery date.
6.3 We are not responsible for delays outside our control:
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
6.4 If you do not re-arrange delivery:
If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.1 will apply.
6.5 When you become responsible for the product:
The product will be your responsibility from the time we deliver the product to the address you gave us or you purchase it in our store.
6.6 When you own products:
You own a product once we have received payment in full.
7. Your rights to end the contract
7.1 You can always end the contract for the supply of a product before it has been completed:
You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below.
7.2 You can always end your contract with us.
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract see clause 10;
- If you want to end the contract because of something we have done or have told you we are going to do;
- If you have just changed your mind about the product, subject to clause 8.5, you may be able to get a refund if you are within the cooling off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
7.3 Ending the contract because of something we have done or are going to do:
If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
7.4 How long do I have to change my mind?
You have 14 days after the day you (or someone you nominate) receives the product, or from the day you purchased the product instore.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract:
To end the contract with us, please let us know by calling customer services on 020 7704 0012 or by writing to us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning products after ending the contract:
If you end the contract for any reason after products have been dispatched to you (or you have received them, you must return them to us. You must either return the products in person to where you bought them or post them back to us via special delivery at United House, North Road, London, N7 9DP. We do not accept liability for products that do not reach us. Please call customer services on 020 7704 0012 or email us at email@example.com for a return label. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return:
We will pay the costs of return if the products are faulty or misdescribed.
8.4 How we will refund you:
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Your right to change your mind:
This guarantee is only offered to consumers resident in the UK.
8.6 Deductions from refunds if you are exercising your right to change your mind:
If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.7 When your refund will be made:
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.
9. Our rights to end the contract
9.1 We may end the contract if you break it:
We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time, allow us to deliver the products to you.
10. If there is a problem with the product
10.1 How to tell us about problems:
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 020 7704 0012 or by writing to us at firstname.lastname@example.org. Alternatively, please speak to one of our staff instore.
10.2 Summary of your legal rights:
We are under a legal duty to supply products that are in conformity with this contract.
10.3 Your obligation to return rejected products:
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us. Please contact us at 020 7704 0012 or by writing to us at email@example.com for a return number.
11. Price and payment
11.1 Where to find the price for the product:
The price of the product (including VAT and other applicable duties) will be the price as indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT:
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong:
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid and require the return of any products provided to you.
11.4 When you must pay and how you must pay:
We accept payment with Visa & Mastercard debit and Visa, Mastercard & Amex credit cards. Payapl is accepted online only. You must pay for the products as soon as we accept your order.
11.5 What to do if you think an invoice is wrong:
If you think an invoice is wrong please contact us promptly to let us know.
12. Our responsibility for loss or damage suffered by you
12.1 Subject to clause 12.2, to the fullest extent of the law we exclude all liability for damages and costs arising out of or in connection with the use of our product.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so :
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
12.3 We are not liable for business losses:
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation, loss of business, business interruption, or loss of business opportunity and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by you. Nothing in this clause shall restrict or limit your general obligation at law to mitigate a loss you may suffer or incur as a result of an event that may give rise to a claim under this indemnity.
13. How we may use your personal information
13.1 How we will use your personal information:
We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
14. Other important terms
14.1 We may transfer this agreement to someone else:
We may transfer our rights and obligations under these terms to another organisation.
14.2 Nobody else has any rights under this contract:
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force:
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later:
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings:
These terms shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
THE FOLLOWING CLAUSES RELATE TO THE ISSUANCE OF GIFT CARDS ONLY, FOR THE AVOIDANCE OF DOUBT A GIFT CARD IS NOT A PRODUCT
15. Printed gift cards are sold subject to the following terms and conditions
15.1 Gift Cards are valid for 12 months from date of purchase.
15.2 Gift Cards can be redeemed against all products on the www.emmylondon.com website and/or in our boutique.
15.3 Gift Cards are non-transferable, and can only be used on the emmylondon.com website and/or in our boutique for which they are issued and may not be returned or redeemed for cash.
15.4 If your order total is less than the value of the Gift Card, the remaining balance can be redeemed against subsequent orders.
15.5 Printed Gift Cards will be posted to the recipient once the full order has been processed and payment has been taken. An email will be sent to the sender as confirmation of dispatch.
15.6 Emmy Limited is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
15.7 Emmy Limited reserves the right to cancel a Gift Card if we deem such action necessary.
15.8 Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes.
15.9 Sales tax and shipping is applicable on any products purchased with an Emmy London Gift Card.
15.10 If a product is returned after purchase with a Gift card, if a refund is applicable, it will be credited to the Gift card.
15.11 Shipping costs are applicable on Printed Gift Cards.