terms & conditions
By using our website, placing an order for products electronically or by telephone you confirm your agreement to our terms and conditions.
1. An order for products placed by you, the buyer through our website or over the telephone 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.
4. All orders for products shall be deemed to be an offer by you, the buyer, to purchase products pursuant to these terms and conditions
5. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form/over the telephone and we will not be obliged to accept an order unless all details requested have been entered correctly
6. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order by e-mail (where applicable) or by telephone All orders are subject to availability
7. We are entitled to refuse any order placed by you and will not be required to provide an explanation
8. The products may differ slightly from the images shown on the website this may be caused by your display settings on your computer/device. Sizes and measurements are approximate only.
9. We reserve the right to substitute products of a similar description and standard if the requested products are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the product within 14 working days from the date of delivery, should the substituted product not be acceptable to you. Provided the conditions of clause 22 (below) are satisfied you will then receive a full refund for the returned substituted product within 30 days.
Price and Payment
10. The price of the products will be the price quoted on the website at the date the order is received and will include VAT and delivery in the United Kingdom unless specified otherwise
11. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the products to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)
12. In the unlikely event of there being such an increase in the price of the products you, the buyer, shall be entitled to cancel the order at any time before delivery
13. When we provide any products to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form/over the telephone
14. By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided
15. Title to the products will pass to you, the buyer, on payment in full of the price of the products
16. We will issue you with an electronic receipt to your email address once the transaction is completed and will send you a further e.mail once the products have been dispatched
17. The products will be delivered to you, the buyer, at the address provided by you on the order form/over the telephone
18. The risk in the products shall pass to you upon such delivery taking place
19. Any dates quoted for delivery of the products are approximate only and we shall not be liable for any delay in delivery of the products however caused. If however we are unable to deliver your products by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place
20. We are able to deliver to most global locations but if you do not live within the United Kingdom, or a listed destination please contact us for a separate shipping quote.
21. We shall not be liable to you, the buyer, for incomplete delivery of the products however caused but will provide you with the outstanding products as soon as is reasonably practical. If however we have not delivered the outstanding products within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding products
Return of products
22. If you wish to cancel your order for any reason you can do so up to 14 days after receipt of the products. This is often referred to as your "cooling off period" and the 14 days commence the day after you receive the products. You must notify us within the "cooling off period" and this must be in writing - letter, email or fax. A full refund will be made within 30 days of your cancellation following inspection of the returned product (including shipping cost). It is the customer's responsibility to return the item in perfect condition and to pay for the item to be returned. The following terms apply:
- All goods must be returned in their original condition and packaging (please take care when unpacking & repacking
- Do not return any products without contacting us in advance and obtaining a Returns Authorization Number and Return Form (please download here)
- Please enclose a covering letter explaining the reason for the return in full and quoting the Returns Authorization Number
- We cannot be held responsible for products lost in transit
- We recommend that you send by registered post & retain proof of posting
- Customers who have paid by credit card will have their accounts credited
- We will not make refunds to a third party
- Any damage or missing items will be charged for. Our carriage charge is not refundable
- Bespoke and/or personalised products cannot be returned.
23. You, the buyer, warrant that all details provided on the order form/over the telephone for the purpose of purchasing the products are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the products
Limitation of Liability
24. We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, 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 in performing, or any failure to perform, any of its 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:
24.1.1 Act of God, explosion, flood, tempest, fire or accident;
24.1.2 War or threat of war, sabotage, civil disturbance or requisition;
24.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
24.1.4 Import or export regulations or embargoes;
24.1.5 Strikes, lock outs or other industrial actions or trade disputes;
24.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
24.1.7 Power failure or breakdown in machinery
If we are prevented from carrying out is obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform
25. Except where you, the buyer are dealing as 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 products
26. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, 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 products other than as a result of a breach of an obligation arising under the Sale of Products Act 1979 (as amended) and the Supply of Products and Services Act 1973.
29. 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
30. All drawings, photographs, descriptive matter and specifications of the products on the website are for the sole purpose of giving an approximate description of the products
31. 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
Intellectual property right and right to use
32. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
33. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose.
34. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
35. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website
36. 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
37. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts
38. The headings in this Agreement are for convenience only and will not affect their interpretation
39. Employees of Emily and Fin Ltd, their immediate families, press and commercial partners or any other persons directly or indirectly connected with the competition are not eligible to enter any competition. Unless otherwise stated, no person may enter a competition more than once and you must be at least 18 years old, and if requested to do so, provide proof of your age. We may request you provide personal details and these will not be shared with any Third Party Companies unless otherwise stated. All entries / answers must be received by Emily and Fin Ltd by the closing date specified in the competition. No responsibility will be taken by Emily and Fin Ltd for any entries that are misdirected, lost for technical or other reasons, illegible or received after the closing date.