EM&LU - TERMS AND CONDITIONS OF SALE

 

By using our website, placing an order for goods and/or registering as a member of our website the Buyer confirms his agreement to our terms and conditions as set out below :

Conditions

  1.  An order for goods placed by the Buyer through our website shall be subject to these terms and conditions.
  2.  All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
  3.  Nothing in these terms and conditions shall affect the statutory rights of any consumer.

Orders

  1.  All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these terms and conditions.
  2.  The Buyer shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
  3.  No order submitted by the Buyer shall be deemed to be accepted by us unless and until we confirm acceptance of the Buyer’s order by email (where applicable) or by telephone.
  4.  We are entitled to refuse any order placed by the Buyer and will not be required to provide an explanation.

Goods

  1.  The goods may differ slightly from the images shown; due to hand printing techniques colours and definition may vary slightly.
  2.  We reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match the Buyer’s order exactly. In the unlikely event of the Buyer receiving a substituted product the Buyer shall be entitled to return the goods for a full refund within 10 working days from the date of delivery, should the substituted product not be acceptable to the Buyer.

Price and Payment

  1.  The price of the goods will be the price quoted on the website at the date the order is received.
  2.  We reserve the right, by giving notice to the Buyer at any time before delivery, to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (including but not limited to any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture).
  3. In the unlikely event of there being such an increase in the price of the goods the Buyer shall be entitled to cancel the order at any time before delivery.
  4. Delivery will be charged according to the Delivery option selected by the Buyer when placing an order.


Payment

  1.  When we provide any goods to the Buyer under these terms and conditions, payment will be charged to the credit card account provided by the Buyer on the website order form.
  2.  By placing an order the Buyer consents to payment being charged to his credit card account as provided on the order form.
  3. Title to the goods will pass to the Buyer on payment in full of the price of the goods.
  4. We will issue the Buyer with an electronic receipt to his email address once the goods have been dispatched.

Delivery

  1.  The goods will be delivered to the Buyer at the address provided by him on the order form.
  2.  The risk in the goods shall pass to the Buyer upon such delivery taking place.
  3.  Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. If however we are unable to deliver the Buyer’s goods by the date quoted for delivery the Buyer shall be entitled to cancel the order at any time before delivery takes place.
  4.  We are able to deliver to most locations globally, but if you do not live within the United Kingdom and Europe please contact us for a separate quote.  Customs duty and import taxes will be the responsibility of the Buyer.
  5.  We shall not be liable to the Buyer for short delivery of the goods however caused but will provide the Buyer with the outstanding goods as soon as is reasonably practical. If however we have not delivered the outstanding goods within 7 days from the first date of delivery the Buyer shall be entitled to cancel the order for the outstanding goods.

Return of Goods & Cancellation of Order

  1.  The Buyer will inspect the goods as soon after delivery as is reasonably practicable and will notify us of any shortages, defects in the goods or any other complaint in respect of them within 14 working days from the date upon which the goods were delivered SAVE IN RESPECT OF ANY SHORTAGES OR DEFECTS IF THE BUYER FAILS TO COMPLY WITH THIS CLAUSE WE WILL NOT BE HELD LEGALLY LIABLE IN RESPECT OF ANY OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR ATTENTION WITHIN THIS PERIOD.
  2.  If the Buyer is not entirely happy with the products which you have selected you may cancel your order, requesting a full refund or exchange for up to 14 working days after the receipt of your goods; the Buyer should inform Em&Lu Ltd of your decision by e-mail or letter. A full refund of the price of the goods will be made within 14 days of the goods being returned complete (or proof of postage), unused, unwashed and with the original packaging. In the event of cancellation, only the standard delivery charge will be refunded (no additional charges for Express or Next Day Delivery). Please refer to our Returns Policy.
  3.  For all returns, except if the goods are faulty, it is your responsibility to arrange and pay for the return of the products to the address stated in our  Returns Policy We strongly recommend that you send your goods by registered post, and retain the receipt.  We cannot accept responsibility for parcels lost in transit.
  4.  Once the Buyer has placed an order with us, they may cancel this order provided the goods have not been dispatched.  In this event, any payments made by the Buyer will be refunded within 30 days.

The Buyer’s Warranty

  1.  The Buyer warrants that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit card the Buyer uses is his own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.

Limitation of Liability

  1.  We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to the Buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay or failure to perform any of our obligations in relation to this Agreement if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control.
    • Act of God, explosion, flood, tempest, fire or accident.
    • War or threat of war, sabotage, civil disturbance or requisition.
    • Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
    • Import or export regulations or embargoes.
    • Strikes, lock outs or other industrial actions or trade disputes.
    • Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
    • Power failure or breakdown in machinery.
      If we are prevented from carrying out our obligations in the above circumstances, we will notify the Buyer in writing.
      If we are still prevented from carrying out our obligations 3 weeks from the date that notice was sent, either party may cancel the Agreement by giving written notice to the other.
      If the Agreement is cancelled in this way we accept no liability to compensate the Buyer for any loss or damage caused by failure to perform. 
  2.  Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
  3.  Except in respect of death or personal injury caused by our negligence, we will not be liable to the Buyer for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.

Intellectual Property

  1.  The copyright in the material contained in this website and any trademarks and brands included in that material belongs to Em&Lu  Limited or its licensors.
  2.  The Buyer may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.

Website

  1.  We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
  2.  All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods.
  3.  We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.

General

  1.  We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but, should we do so, we will post any such changes on the website.
  2.  If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
  3.  English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
  4.  The headings in this Agreement are for convenience only and will not affect the interpretation.

Queries and Complaints

  1.  We aim to respond to e-mail, faxed and written queries within 24 hours. Our Customer Services can answer the Buyer’s telephone queries Monday to Friday between 9.00am and 6.00pm
  2.  In respect of complaints, we will consider the nature of the complaint and will contact the Buyer within 21 days of the complaint giving the Buyer the result of the enquiries and what action we propose to take