1. Introduction
These terms and conditions relate to goods which you offer to purchase from the Emotion online store (“our/this website”).
Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through our on-line facilities. We will be unable to process any offer to purchase goods until you have done so.
If there is anything you do not understand, please feel free to e-mail us at shop@emotionshoes.co.uk, or phone us on 01642 807090.
By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us.
If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 5 (limitation of liability) and 6 (indemnity).
You must be 18 years or older and resident within the United Kingdom to register for the Service. By registering, you confirm to us that you are at least 18 years of age and resident in the United Kingdom.
These terms and conditions may be changed at any time by us and we are not under any obligation to notify you of such changes.
2 Definitions
In these terms and conditions:-
2.1 “Commencement Date” means the date when our agreement with you is concluded (see clause 3.3);
2.2 “Confirmation Form” means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you;
2.3 “Consumer” means an individual whose use of the Service is for personal purposes only, and not for use in connection with any trade, business or profession;
2.4 “Order Form” means the form completed by you online and showing details of the goods which you have offered to purchase from us;
2.5 “Goods” means the goods to be provided by us to you, as described in the Order Form and Confirmation Form and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form Confirmation Form, the description on the Order Form or Confirmation Form shall be conclusive);
2.6 “we/us/our” refers to Emotion Shoes Limited, a company registered in the England (registered number 04844960) and having our registered office at 48 Earlsway, Teesside Industrial Estate, Thornaby-on-Tees, TS17 9JU; and
2.7 “you/yours” refers to you, the person offering to purchase goods from us.
3 Your Agreement with Us
3.1 These terms and conditions, together with the Order Form, Confirmation Form, Privacy Policy, constitute the entire agreement between you and us relating to the provision of the Goods (“the Agreement”), and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom.
No oral explanation or oral information given by any party (including any information given via our customer service departments) shall alter the interpretation of these terms and conditions.
In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions, and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these terms and conditions.
3.2 Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
3.3 The Agreement is concluded only when we have accepted your order by sending you a Confirmation Form (with the date of conclusion of the Agreement being the date shown on that Confirmation Form).
4 General
Payment can be made using any of the methods listed in section 6.1 below and will be debited 2 days after we have accepted your offer to purchase.
All prices are quoted in UK pounds Sterling and include VAT where applicable.
Our acceptance of your offer to purchase Goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given.
Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if the Goods have been paid for.
5 Delivery Details and Returns Policy
5.1 Delivery
All deliveries are subject to stock availability and authorisation of your payment.
We shall endeavour to deliver the Goods you have offered to purchase within 5 working days after we receive your offer. If there are any delays we will notify you of such delay as soon as possible.
We can either deliver your order to the billing address for the card you use to pay for your order, or you can specify an alternative address at the checkout.
All deliveries are £3.95 on all orders under £20, irrespective of the number of items ordered, on all orders over £20 you will not be charged for delivery. However we reserve the right to charge up to £5.00 for delivery. You will be notified at point of purchase if there are any delivery charges.
All our deliveries are via Parcel Force 48 Hour.
To business addresses the delivery window is between 9am and 5pm Monday to Friday and for residential addresses between 8am and 8pm. We are unfortunately unable to specify the time at which the goods will be delivered to you. No Saturday deliveries are available.
Parcel Force will make an attempt to deliver your parcel on time which must be signed for. If a signature is not available the goods will be taken to the local post office where they can be collected, so please ensure your delivery address is somewhere the parcel can be signed for e.g. a Work Address / Friend / Relative etc.
5.2 Returns Policy
If the shoes are not as you thought they would be or you simply do not like them you have up to 28 days to return them to us. All we ask is that you send them back in the condition that you received them and in their original box.
This is how you return shoes to us:
Complete the on-line returns form to receive your RMA number so that both you and we can track your return.
Pack up the shoes carefully in their original box and a secure outer wrapper and send them back clearly addressed to:
Emotion Shoes Ltd,
48 Earlsway,
Teesside Industrial Estate,
Thornaby-on-Tees,
TS17 9JU
The goods must be adequately sealed in the original packaging.
Please note that the Royal Mail may reject any package that is not adequately wrapped;
Make sure that you get a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates).
Once received we will asses your return for a valid reason and then we will refund your original purchase price.
If your shoes are faulty or damaged when you receive them or if we have sent you the wrong shoes, we will refund the charge made for the initial delivery on receipt of the goods back into our warehouse.
However, in all other circumstances we are sorry, but we don’t refund any charge made for the initial delivery to you.
All of this is in addition to and does not affect your statutory rights.
6 Payment Options
Payment
We accept the following methods of payment.
6.1 Credit cards / Debit Cards:-
Delta
Visa
JCB
SWITCH
Mastercard
Solo
Electron
Payment may be made by any of the methods above and will be debited on date of despatch.
The total amount you pay is the same, regardless of the payment method you use.
Please note we are unable to accept credit/debit cards issued from banks outside the U.K.
6.2 Payment will be processed using the services of Worldpay.
7 VAT
Our prices include VAT where applicable.
8 Security & Data Protection
8.1 Data Protection
We are committed to protecting your privacy and the security of any information given to us in order for us to process your order.
8.2 Our Data Protection Policy
We will not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information.
Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed.
No personal data about customers will be passed to any third party, except to fulfill the delivery of the goods to you, and as is necessary to process credit or debit card payments.
Your privacy and confidence will be respected at all times.
8.3 What Information is collected about you and how is it used?
When you place an order we need to collect your name, address, e-mail and telephone number as well as details of the method by which you intend to pay for the Goods. This information allows us to process your offer to purchase Goods and delivery of those Goods to you. We use your e-mail address to send you notification of the status of the order. We will contact you by e-mail or by telephone if any problems occur regarding delivery of the Goods to you.
This information may be provided to third party service providers for the purpose of processing your offer to purchase the goods.
We may use your e-mail address to provide you with information on products, services, promotions and special offers where you have indicated that this is acceptable by checking the box.
8.4 Third Parties
We will not sell or pass your details to third party organisations except for the purpose of processing your offer to purchase the goods.
8.5 Consent
By making an offer to purchase Goods you consent to the information you provide to us being processed for any of the above purposes.
8.6 Security
The security of your transaction is important to us and to prevent any details being seen by unauthorised persons it is protected throughout the payment process. To do this we use a secure server to encrypt the information before it is sent to the payments processor. We do not hold or see your credit card details this information is all handled via our payments processor as defined in section 6.3.
8.7 Subject Access Request
On your written request, we will (within 40 days of such a request being received by us) supply to you details of the personal information which we hold about you. You must explain to us clearly the information you require to be supplied: we are not obliged to supply to you information which is not specifically requested by you.
Under the terms of the Data Protection Act 1998, we are entitled to charge you £10.00 for the provision of information following our receipt of such a request.
Once we have received your written request and payment of the fee, we will respond to your request within 40 days.
You should note that, under certain circumstances, we will not be obliged to disclose the requested information to you, in which case we will explain to you the reasons for our refusal.
9 Distance Selling Regulations
We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the agreement with us. This information appears throughout these Terms and Conditions.
10 Right to Cancel this Agreement
Under the Distance Selling Regulations, you have seven working days from the Commencement Date ("the cooling-off period") in which to cancel this Agreement if for any reason you are not happy with the Goods which have been delivered to you. This cooling off period begins on the day after the day you receive the Goods from us.
If you wish to cancel the Agreement, you must notify us of this fact in writing and send your notification to us by e-mail or post. Full contact details are set out below.
Emotion Shoes Ltd,
48 Earlsway,
Teesside Industrial Estate,
Thornaby-on-Tees
TS17 9JU
On cancellation, you must return the Goods that we have delivered to you. On our receipt of the returned Goods, we will exchange the Goods or we will refund to you the price you paid for the Goods.
You should return such Goods by posting them back to us as follows:-
The buyer will be responsible for all return postage costs.
Complete the on-line returns form to receive your RMA number so that both you and we can track your return.
Pack up the shoes carefully in their original box and a secure outer wrapper and send them back clearly addressed to:
Emotion Shoes Ltd,
48 Earlsway,
Teesside Industrial Estate,
Thornaby-on-Tees
TS17 9JU
We recommend that you obtain proof of delivery for your return and you should also consider taking additional insurance on your package if returning expensive items, as we are not liable for goods lost in transit.
Please ensure you include a copy of your despatch note or order confirmation in the package.
The goods must be adequately sealed in the original packaging.
Please note that the Royal Mail may reject any package that is not adequately wrapped;
Make sure that you get a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates).
Once received we will asses your return for a valid reason and then we will refund your original purchase price.
If your shoes are faulty or damaged when you receive them or if we have sent you the wrong shoes, we will refund the charge made for the initial delivery on receipt of the goods back into our warehouse.
However, in all other circumstances we are sorry, but we donÕt refund any charge made for the initial delivery to you.
All of this is in addition to and does not affect your statutory rights.
11 Limitation of Liability
IMPORTANT: THIS CLAUSE 11 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
11.1 Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
11.2 Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.
11.3 To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
11.4 We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
11.5 All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
11.6 Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
11.7 No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.
11.8 Every provision of this clause 11 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
12 Indemnity
IMPORTANT: IN THIS CLAUSE 12 YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.
13 Website Content
We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website.
Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
14 Contact Details
If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on 01642 807090, or e-mail us at shop@emotionshoes.co.uk or write to us at:
Emotion Shoes Ltd
48 Earlsway
Teesside Industrial Estate
Thornaby-on-Tees
TS17 9JU
We shall respond to any communication received by us as quickly as we can.
15 Law and Jurisdiction
The laws of England and Wales shall govern the contract and its performance, and all disputes arising out of the contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales. You are responsible for compliance with any applicable laws of the country from which you access our website. |
