These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.
- Conditions – means these terms and conditions and the Special Conditions.
- Product – means a product displayed for sale on the Website.
- Product Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
- Special Conditions – means the terms and conditions in the Product Description.
- Users – means the users of the Website collectively.
- Personal Information – means the details provided by you on registration.
- We/us /our – means Elivia James LTD registered office 71 – 75 Shelton Street Covent Garden London WC2H 9JQ. Registered in England. Company registration number 12638856. VAT number GB350515036.
- Website – means the website located at www.eliviajames.com or any subsequent URL which may replace it.
- Cookies – means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer.
- United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands.
- You – means a user of this Website.
REGISTRATION AND ACCOUNTS
You warrant that:
- The Personal Data which you are required to provide when you register as a customer is true, and accurate in all respects.
- You will notify us of any changes to the Personal Data by updating these details on your online account.
- You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Your creation of an Account is further affirmation of your representation and warranty.
- It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched.
Termination and Cancellation of Accounts
- Either Elivia James Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- If We terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
- We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
- If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.
- If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Conditions as we see fit, and your continued use of the Website (or any part thereafter) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
LINKS TO THIS WEBSITE
Those wishing to place a link to this Website on other sites may do so only to the home page of the site without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact us.
USE OF COMMUNICATIONS FACILITIES
When using System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your account being suspended or closed:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- You must not impersonate other people, particularly employees and representatives of Elivia James Ltd or Our affiliates; and
- You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
- You acknowledge that Elivia James Ltd reserves the right to monitor any and all communications made to Us or using Our System.
- You acknowledge that Elivia James Ltd may retain copies of any and all communications made to Us or using Our System.
- You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
PRIVACY AND COOKIES
The Website places cookies onto your computer or device. If you wish to opt-out of Our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
DESCRIPTION AND PRICING OF PRODUCTS
Each Product purchased is sold subject to its Product Description which sets out additional Specific Information.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. We neither represent nor warrant that Products will be available. Stock indications are not provided on the Website.
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
CONTRACT CREATION AND ELECTRONIC CONTRACTING
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation email detailing the products you have ordered. These emails do not constitute acceptance of your order.
- When your product is shipped from our warehouse we will send you a despatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order.
- For all order, your credit/debit card will be charged when your order is placed.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- Your not meeting the eligibility to order criteria set out in the main Terms & Conditions.
- If you are placing an order for an item that by law we are only permitted to sell to customers who are 18 years or older, then by clicking the order confirm button you are also confirming to us that you are 18 years or older. By clicking the order confirm button, you further acknowledge and consent to us taking steps to verify your age by reference to publicly-available third-party sources.
- Should we have taken payment prior to non-acceptance of your Order then we will refund you, but please note that it can take up to 14 days for the bank to transfer the funds to you.
The contract will be concluded in English.
The details of your specific contract will not be filed by www.eliviajames.com.
- Elivia James Ltd aims to always provide high-quality Goods that are fault free and undamaged. On occasion however, Goods may need to be returned. Returns are governed by these Terms and Conditions.
- If you receive Goods which do not match those that you ordered, you should visit the returns page on the Website within 14 calendar days. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon receipt of the returned Goods. We are fully responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. The packaging does not need to be unopened. Refunds will be issued within 7 working days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
- If Goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the Goods have been damaged. To return the damaged Goods, please visit the returns page on the Website within 14 calendar days to complete a return. We are fully responsible for paying shipment costs. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
- If any Goods you have purchased have faults when they are delivered to you, you should contact us within 14 calendar days to arrange the return. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. We are fully responsible for paying shipment costs. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued within 7 working days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
- If any Goods you have purchased develop faults within 14 calendar days of delivery, you may be entitled to a replacement but not a refund. In order to arrange for such a replacement, you should contact Us within the 14 calendar day period to arrange collection and return. We will assess the Goods and alleged faults upon receipt and if We conclude (at Our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), We will issue replacement Goods at no additional cost to you.
- If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered to you. If the Goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment. If you change your mind about the goods within this period, please inform Us within 14 calendar days of receipt. Goods must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods. You are responsible for paying return shipment costs if Goods are returned for this reason. Refunds will be issued within 7 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel under this provision and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
- Elivia James Ltd may not be able to accept returns under the cooling-off period of the following types of Goods and/or taking into account the following circumstances:
- Goods made to your specifications or that have been personalised;
- Goods which are liable to deteriorate or expire rapidly;
- Goods which are sealed for health or hygiene reasons that have been unsealed after delivery;
- Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- Please see our Refund Policy for further details.
- Please protect your card and treat it as cash; we cannot replace lost, stolen or damaged cards
- The gift card will expire 12 months from purchase.
- Gift cards and e-gift cards cannot be exchanged for cash. We do not give change or refunds on gift cards or e-gift cards.
- If you are using a gift card or e-gift card online and the total order value is less than the value of the card, any balance will remain on the card and may be applied to future purchases, provided that the card has not expired.
- We reserve the right to refuse to accept an e-gift card which we deem to be duplicated or which otherwise is suspected to be affected by fraud.
- We reserve the right to amend the e-gift card terms and conditions from time to time, where we consider it reasonable and necessary to do so
INTELLECTUAL PROPERTY AND RIGHT TO USE
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.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIMITATION OF LIABILITY
- To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- Nothing in these Terms and Conditions excludes or restricts Elivia James Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Elivia James Ltd.
- Nothing in these Terms and Conditions excludes or restricts Elivia James Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
- In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Elivia James Ltd.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Elivia James Ltd and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
For any queries regarding our service, please contact us.
Our company details are:
Elivia James LTD 71 – 75 Shelton Street Covent Garden London WC2H 9JQ.
Registered in England.
Company registration number 12638856.
VAT Number GB350515036