As we can accept you order and made a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything just phone us on 07903259108.
- The Terms and Conditions will apply to the purchase of goods by you (the Customer) We are Esmé Amore whose registered office is at Chestnut House, Lea Grove, Bishops Stortford, Hertfordshire CM23 5EB with email address email@example.com, telephone number 07903259108. (the Supplier)
- These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
- Consumers means an individual action for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Goods means any goods that we supply to you, of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as set out.
- The description of the Goods is as set out in our website, catalogues, brochures and other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
Basis of Sale
- The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
- When an order has been made, we can reject for any reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the Goods ordered, only upon or if earlier, the Supplier’s delivery of the Goods to the Customer.
- Any quotation is valid period of 1 day from the date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, price or otherwise can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contact is not a contract(i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from the premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises, means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
- The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.
- Prices and charges include V.A.T. at the rate applicable at the time of the Order.
- Payment for Goods must be made at least 1 day in advance of delivery. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately.
- We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day the day on which the Contract is entered into.
- If you treat the Contract at an end, we will (in addition to the other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and will pay for the costs of this.
- We can deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands. If however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fall, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of redelivering them.
Riske and Title
- Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can schoose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without any liability.
- You can cancel the Contract by telling us no later than 1 day after the Contract we made. If you simply wish to change your mind and without giving us a reason and without liability, except in that case, you may must return to our business premises the Goods in undamaged condition at your expense. Then we will without delay refund to you the price for those Goods, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.
Conformity and Guarantee
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligations.
- Upon delivery, the Goods will:
- be of satisfactory quality
- be reasonably fit for particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for purpose held out by us or set out in the Contract and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- If dissatisfied for any reason we aim to help. Full refund will be given.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control
- the party will advise the other party as soon as reasonably practicable and
- the party’s obligations will be suspended so far as is reasonable provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid but this will not affect the Customer’s above rights relating to delivery and the right to cancel
- The Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made or (ii) loss (eg loss of profit) in the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for it business, trade, craft or profession).
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows. If not satisfied for any reason, we will aim to respond within 5 days.
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