Terms of Use
e-moor Ltd Ltd provides this web site located at www.elusivecollection.com
e-moor Ltd Ltd’s website(s) (hereafter referred to as the ‘Site’) and related services are made available to you pursuant to the following Terms of Use & Service (hereafter referred to as T&S) and any other rules posted on our Site. By visiting elusivecollection.com you are accepting and consenting to the practices described in the T&S.
e-moor Ltd may revise the T&S at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified T&S. Your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified T&S.
If at anytime the T&S are unacceptable to you, you should cease using the Site.
Address & Contact Information
You can contact e-moor Ltd by sending an e-mail to enquiry@e-moor Ltd.com
Intellectual Property Rights
No unauthorised copying or distribution
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights whether registered or unregistered relating to the Content as herein described, including e-moor Ltd Software and all HTML and other code contained in this Site, shall remain at all times vested in e-moor Ltd and/or are the property of their respective owners.
Content
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. e-moor Ltd tries to ensure that the information on this site is accurate and complete. e-moor Ltd does not warrant or represent that elusivecollection.com ’s Content is accurate, error-free or reliable or that your use of elusivecollection.com ’s Content will not infringe rights of third parties. Your use of the Web Site is at your risk. e-moor Ltd does not warrant that the functional aspects of the Web Site or elusivecollection.com ’s Content will be error free or that this Web Site, elusivecollection.com ’s Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or elusivecollection.com ’s Content results in the need for servicing or replacing property, material, equipment or data, e-moor Ltd is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. e-moor Ltd and its suppliers make no warranties about elusivecollection.com ’s Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. e-moor Ltd reserves the right to change, modify, substitute or withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal or change may be immediate and without notice. You confirm that e-moor Ltd is not liable to you or any third party for any such withdrawal or change.
SITE USE
- Limitations
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
- Your Use
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&S, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
GENERAL- Limitation of Liability
While e-moor Ltd will use reasonable endeavours to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these T&S shall limit your rights as a consumer under English law.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the T&S.
- Indemnification
At our request, you agree fully to defend, indemnify and hold harmless e-moor Ltd immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&S by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.
OUR RELATIONSHIPYou acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and e-moor Ltd as a result of the T&S or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of e-moor Ltd, and we shall not be liable for any representation, act, or omission on your part.
ENTIRE AGREEMENTThe T&S (as amended from time to time) constitutes the entire agreement between you and e-moor Ltd regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and e-moor Ltd in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the T&S, the T&S shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the T&S. You confirm that, in agreeing to accept the T&S, you have not relied on any representation save insofar as the same has expressly been made a representation in the T&S and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the T&S save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the T&S.
NO WAIVERNo waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
GOVERNING LAWThe contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
ACCEPTANCE TERMS, AGREEMENT- Eligibility of Purchase
The purchase of merchandise through e-moor Ltd is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
In order to make purchases through the Site, you will be requested to complete your order and provide your personal details. In particular, Customers must provide their real name, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the e-moor Ltd terms of eligibility; those who have been issued a valid credit card by a bank acceptable to e-moor Ltd, whose applications are acceptable to e-moor Ltd and who have authorised e-moor Ltd to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase (see Payment information).
Moreover, by making an offer to purchase merchandise, you expressly authorise us to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
- Orders
All orders are subject to acceptance and availability. e-moor Ltd offers products for sale that will be made for you on receipt of your order. We must receive payment of the whole of the price for the goods that you order before your order can be accepted.
The prices payable for goods that you order are as set out in our website. Prices shown on the site are in GBP and are inclusive of VAT. All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the website at the time the order is accepted will be honoured. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website. If you are buying from outside the UK, you will also incur carriage costs and any duties levied by the jurisdiction to which you have specified delivery. The final price for overseas customers will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
- Acceptance of your order
Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us2.
Once you have placed your order e-moor Ltd will notify you by e-mail of your order’s expected delivery date. (see Delivery Information).
This email is NOT an acceptance of your order. Acceptance of your order and completion of the contract between you and e-moor Ltd will be concluded when we despatch the goods to you. The sale contract is therefore concluded in London, England and the language of the contract is English.
In the event:
- that we are unable to obtain authorisation for payment
- that the item ordered discontinued or does not satisfy our quality control standards and is withdrawn
- that you do not meet the eligibility criteria set-out above
- that we are unable to deliver to the your (the Customer's) address
- that the product was listed at the incorrect price.
We reserve the right not to accept your order.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
PAYMENTPayment includes all relevant taxes and delivery / shipping costs. Payment can be made by -
- VISA Credit Card
- MasterCard Credit Card
- VISA DELTA Debit Card
- Switch/UK Maestro Debit Card
- SOLO Card
- Maestro Debit Card
- VISA Electron Card
Payment will be debited and cleared from your account upon receipt of your order by e-moor Ltd. You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to e-moor Ltd, we will not be liable for any delay or non-delivery. We take all reasonable care to make our Site as secure as we can make it. All e-moor Ltd merchant transactions are made through Protx, our secure payment provider (
http://www.protx.com/products/securityvsp.asp). We do not hold your credit card details on the Site or on our customer database. To help ensure that your shopping experience is safe, simple and secure e-moor Ltd, via Protx uses Secure Socket Layer (SSL) technology. This encrypts and protects the data you send to us over the Internet. If SSL is enabled then you will see a padlock at the bottom of your browser and you can click on this to find out information about the SSL digital certificate registration.
INSURANCEe-moor Ltd insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to you.
RIGHT FOR YOU TO CANCEL YOUR CONTRACT- You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
- To cancel your contract you must notify us in writing.
- If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
- Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
The ProductsWhilst we shall endeavor to provide you with a product which matches exactly that displayed on the e-moor Ltd website you acknowledge and accept that all goods ordered are handmade and that all measurements shown on the e-moor Ltd website are approximate and that reproduction of colours is as accurate as the photographic and production process will allow. You hereby confirm and acknowledge that any minor variation as to colour, size or other minor variation in the goods provided to you from the goods displayed on the e-moor Ltd website shall be accepted by you and shall not give you the right to reject the goods and cancel your contract. For the avoidance of doubt this does not affect your right stated above to return any goods within seven working days of receipt.
RETURNS & EXCHANGESWe are sorry if you are unhappy with your elusivecollection.com order. If you wish to return any part of your order for a refund or exchange, simply follow the process outlined below. Please note all returns or exchanges must be made within 7 days of original receipt of the goods and we require that you return the new and unused goods to us in their original packaging with all the original labelling attached. The return of goods is at the customers risk.
PLEASE NOTE: New and unused means that there are no marks on the item or any wear on the tags. We do not sell used items and will not accept any item with any indication that it was used. In such cases, the item will be returned to the purchaser at the purchaser's cost.
How to Return or Exchange:Please complete the Returns form enclosed with your order noting whether you would like an exchange or a refund. Then please send the parcel to:
e-moor Ltd
The Old Vicarage Stables
Moor Road
Moorlinch
Bridgwater
TA7 9BU
Please take your parcel(s) to your nearest post office. We recommend that you send returns by Royal Mail Special Delivery. Always retain proof of postage. Goods are returned to e-moor Ltd at your own expense.
We will e-mail you to confirm your return has been processed. All undamaged, correctly returned products will be credited to the original purchaser's credit card (net of delivery charges & any recovery costs). Refunds of international customs duties and sales taxes are excluded on shipments outside the European Community (EU).
- You will receive your refund credit at the end of the month following the receipt of the refunded goods by e-moor Ltd.
- We will notify you by e-mail for delivery time on Exchange orders. Postage will not be charged on exchanges.
- Please note that refunds bought as presents can only be given to the original payer, and if you decide to swap an item, we can’t stop the payer knowing.
CANCELLATION BY USWe reserve the right to cancel the contract between us if:
- we have insufficient stock to deliver the goods you have ordered;
- we do not deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Liability If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, or a timescale as advised by us on receipt of your order, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods or the notified delivery timescale plus 10 days, whichever is the lesser time.
If you notify a problem to us under this condition, our only obligation will be, at your option:
- to make good any shortage or non-delivery;
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause above.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Notices Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at PO Box and all notices from us to you will be displayed on our website from to time.
Events beyond our control We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Invalidity If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Privacy You acknowledge and agree to be bound by the terms of our privacy policy.
Third party rights Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.