TERMS & CONDITIONS
Welcome to the Elle Smith Art website Terms & Conditions for use.
These Terms & Conditions apply to the use of this website at www.ellegrove.co.uk
By accessing this website and/or placing an order, you agree to be bound by these Terms & Conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. Do not use this website, if you do not accept these Terms & Conditions.
1.INTRODUCTION ◦You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. ◦We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2.ORDERING FROM US ◦You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement by email, detailing your order number with the products you have ordered. ◦Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order. ◦We may refuse to accept an order: a.where we cannot obtain authorisation for your payment; b.if there has been a pricing or product description error; or c.if you do not meet any eligibility criteria set out in our terms and condition.
3.PRICING ◦Our prices do not include VAT as we are not registered for VAT. ◦Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
4. CANCELLATION AND RETURNS POLICY ◦If you wish to cancel your order: a.you must notify us first by email at [email protected] before we have dispatched the goods to you; or b.where goods have already been dispatched to you, by returning goods to us. •You can return goods you have ordered from us for any reason at any time within 14 days of receipt minus packaging and postage costs in the same condition it was received. •Upon receipt of the goods we will give you a full refund as required. We are not responsible for late deliveries. The provisions of this clause 4.4 do not affect your statutory rights.
5.SERVICE ACCESS ◦While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. ◦Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6. LINKS TO AND FROM OTHER WEBSITES ◦Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do 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 this Website, you do so entirely at your own risk.
7. Any breach of these terms and to take any action we deem appropriate. ◦You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result.
8.DISCLAIMER ◦While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. ◦The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
9.LIABILITY ◦We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. ◦Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. ◦If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. ◦You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
10.GOVERNING LAW AND JURISDICTION ◦These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. ◦We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
11.MISCELLANEOUS ◦You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions ◦If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. ◦Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999