Terms and Conditions
TERMS OF SALE AND USE
Terms and Conditions
As an Ellespire customer and by using this Website you acknowledge that you have read and agree to these Terms and Conditions.
We reserve the right to change the contents of this Website, including these Terms and Conditions at any time without notice by posting such changes on the Website. We would advise all users of this Website to familiarise themselves with the Terms and Conditions regularly to ensure that they are aware of any changes. Use of the Website after a change has been posted will signify the users acceptance of the modified Terms and Conditions.
Purchasing from our website
The following Terms and Conditions apply to how we supply any item displayed for sale on our website which you purchase through our website. Nothing in these Terms and Conditions affects your statutory rights.
Please read these terms of sale and use ("Terms") carefully before you purchase a product or start to use our website.
By purchasing a product and/or using our website, you indicate that you accept the terms and that you agree to abide by them. If you do not agree to the terms, please refrain from purchasing any products or using our website.
Terms of Sale
Any sale of product(s) via the website will be based on these terms of sale. We suggest you print a copy of these and retain them for your records.
The website is only intended for use by international clients.
By placing an order on the website, you confirm that you are:
- Legally capable of entering into binding contracts;
- At least 18 years old;
- Resident in the serviced country and accessing the website from that country.
Formation of Contract
After placing an order on the website (after selecting the products you wish to purchase, confirming this, and providing and confirming your payment details). You will receive an email from us acknowledging that we have received your order ("order acknowledgement"). This does not mean your order has been accepted; your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email that confirms that the product has been shipped to you ("shipping confirmation"). The contract between you and us will only be formed when we send you the shipping confirmation and will only relate to those products whose dispatch we have confirmed in the shipping confirmation ("contract"). At this stage, payment will also be taken. No products will be shipped until payment has been made in full and your details have been verified by any third-party payment facilitators. We will not be obliged to supply any other Products which may have been part of your order until the shipping of such Products has been confirmed in a separate shipping confirmation. You should check all emails (including the order acknowledgement and shipping confirmation). It is your responsibility to ensure that the details in these emails are correct.
We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your order history.
Refunds will only be issued to products that are not personalised. Defective items can be returned for replacement or refund but you must notify us of this by email within 3 days of delivery.
Shipping and handling charges paid on your original shipment are not refundable.
This does not affect your statutory rights.
Right to a Refund
The refund period ("cancellation period") will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right to a refund, you must inform us (Ellespire.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. an e-mail). This form should be sent to us by email to firstname.lastname@example.org. This only applies to non-personalised items.
To meet the refund deadline, it is sufficient for you to send your communication concerning your exercise of the right to a refund before the cancellation period has expired. Please note that the refund and cancellation policy do not apply to any personalised goods as they are exempt from this legislation.
You shall send back the goods to us, without undue delay and in any event not later than 14 days from the day on which you communicate your refund from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
If you withdraw from this contract, we shall reimburse you all payments received from you, excluding the costs of delivery. Without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
If you return a product for any other reason, we will examine the item and notify you of your refund via email within a reasonable period. Refunds will be processed within 30 days of the day you inform us you wish to return the product. Except if exercising your right to cancel, shipping and handling charges paid on your original shipment are not refundable.
Products returned as a result of a defect will be refunded in full, including delivery charges for sending them to you and the cost incurred by you in returning them to us. Please ensure you return these to us as soon as possible, indicating what the defect is in your email inform us at email@example.com.
We do not offer refunds on personalised products unless it is faulty or a mistake on our behalf. If you would like to return the item(s) please contact us at firstname.lastname@example.org.
Availability and Delivery
For orders being dispatched to you, we aim to deliver your order by the delivery date set out in the shipping confirmation or, if no delivery date is specified, within a reasonable time of the date of the shipping confirmation. If the product(s) are not delivered within 30 days of the order acknowledgement, you are entitled to cancel the contract and be refunded for any amounts paid by you.
Risk and Title
For orders being dispatched to you, the products will be at your risk from the time of delivery. Ownership of the products will only pass to you from the time of delivery. The risk concerning products being returned to us passes from you to us once you have posted the returned products.
Price and Payment
The price of any products will be as quoted on our website in British pounds from time to time, except in cases of obvious error. These prices include vat, but exclude delivery costs which will be added to the total amount. for details of delivery charges, please click here.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent a shipping confirmation.
Despite our best efforts, occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, refuse to accept orders or cancel contracts if any information on the website is inaccurate at any time without prior notice. Where a product's correct price is less than our stated price, we will charge the lower amount when sending the product to you. If a product's correct price is higher than the price stated on the website, we will normally, at our discretion, either contact you for instructions before shipping the product or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at an incorrect (lower) price, even after we have sent you a shipping confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
Orders placed and paid for using a PayPal eCheck won’t begin processing until the monies have been received. Please be aware it can take up to 6 business days for a PayPal eCheck to clear.
Products purchased from this website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Subject to any specific warranties offered in relation to specific products or those implied by law, we do not offer any guarantees or warranties in relation to the product(s).
We are only liable for losses you suffer as a result of us breaching these terms, which is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaching these terms. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. In any event, we are not responsible for any indirect losses of any nature and howsoever arising (whether loss of income, revenue, or otherwise). This does not include or limit in any way our liability for any matter for which it would be unenforceable for us to exclude or attempt to exclude our liability, including but not limited to personal injury or death as a result of negligence and/or fraud.
Waiver and Rights of Third-Parties
If we do not insist upon strict performance of any of your obligations under the contract or these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
No person other than a party to this contract shall have any rights to enforce any term of this contract.
If any of these terms or any provisions of the contract are determined to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding, or agreement between us, relating to the subject matter of any contract.
We each acknowledge that, in entering into a contract, neither of us relies on nor has any remedies in relation to, any statement, representation, assurance, or warranty (representation) which is not expressly set out in these terms and any document referred to in them.
nothing in this paragraph shall limit or exclude any liability for fraud.
Our right to vary these Terms and Conditions
We have the right to revise and amend these terms from time to time. You will be subject to the policies and terms in force at the time that you order products from us unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the shipping confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions unless you notify us to the contrary within seven working days of receipt by you of the products).
If you have any concerns about material which appears on our website, please contact email@example.com
Accessing our site
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw, deny access to or modify the service we provide on our website without notice (see below). We will not be liable if, for any reason, our website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts or the whole of our website to users who have registered with us.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We may deny access to the website, at any time, if in our opinion you have failed to comply with any of the provisions of these terms or acted inconsistently with the spirit of these terms.
You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and that they comply with them.
Reliance on the Information posted
We have taken every care in the preparation of the content of this website. However, commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. In particular, we have made every effort to display as accurately as possible the colours of our products that appear on the website. We cannot guarantee that your computer monitor's display of any colour will be accurate. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our website regularly and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our website is provided without any guarantees as to its accuracy. To the extent allowed by law, we, other members of our group of companies, and third parties connected to us exclude:
- All conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity.
- Any liability for any direct, indirect, or consequential loss or damage (including, without limitation, loss of income/revenue, business, profits/contracts, anticipated savings, data, goodwill, or wasted time) incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it; and
- For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
this does not affect our liability for any liability that cannot be excluded or limited under applicable law, including but not limited to personal injury or death as a result of negligence and/or fraud.
Information about you and your visits to our site
Viruses, Hacking, and other offences
We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to you to use the website and screen out anything that may damage it.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that may be malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our Website is stored, or any server, computer, or database connected to our website. You must not attack our website in any manner whatsoever, including via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offense under the computer misuse act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
If you have a complaint please get in touch with our customer service team by emailing us at firstname.lastname@example.org. Alternatively, please visit our contact us page for other ways to contact us.