TERMS AND CONDITIONS OF SALE
For all orders placed on or after 23 March 2017.
- TERMS AND CONDITIONS: These are the terms and conditions of our agreement which apply to all purchases of products by you from Elizabeth Brown Maternity (www.ebmaternity.co.uk) and you should read them carefully. These terms may change from time to time, therefore you should check them with every new purchase.
- ORDER: You can submit an order for products to Elizabeth Brown Maternity by completing the details required on the Checkout Page and clicking the Proceed to PayPal button. All prices are in UK Pounds Sterling and include VAT where applicable. Delivery is to a location within the UK only, international orders are available upon request, however, you are able to purchase from our eBay store for international delivery (http://www.ebay.co.uk/usr/ebmaternity). Goods supplied are not for resale. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your PayPal payment is approved by PayPal.
- The display of any product on our website is in no way an offer, by us, to sell to you. It is your response to the products that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a lower price than meant by us.
- ACCEPTANCE OF ORDER: We will notify you of our acceptance of offer to purchase by email, shortly after we received payment. A binding agreement between us will be in place on these terms and conditions once your order has been dispatched. We have the right to withdraw such acceptance when your offer relates to goods that have been listed in error, discounts incorrectly applied or invalid/ misused coupons/vouchers. If we do not accept your order for any reason, or the price of the product has increased between the time of your order and our acceptance of it, then we will email to advise you of this change. You will then be required to resubmit your order.
- DELIVERY: We will make every effort to deliver all products within the UK within 5 working days of dispatch of your order. Where this is not possible, we will notify you and unless we state otherwise will ensure your products are delivered within 28 days from your order. All deliveries will be made to the address specified at the Checkout Page. You will be responsible for the products as soon as they are delivered and found to be in conformity to the contract. Ownership of the products shall pass to you once we have received payment in full and order dispatched. If we cannot deliver the products to you, at the address you have specified, for any reason, other than when we are at fault then goods will be returned to Elizabeth Brown Maternity. If you wish us to redeliver the products you will need to pay an additional delivery charge. If we do not hear from you within 28 days, we will cancel the order and refund the payment less delivery charges.
We will make every effort to ensure that international orders are delivered within 14 days, however, please note that there may be external delays beyond our control.
- PAYMENT: Orders must be paid for, in full, before the products are dispatched. You will also be responsible for paying the delivery of your items and any failed delivery as mentioned in point 4 above. We take every reasonable care to ensure that your order and transactions are conducted via a secure link, this is provided by PayPal UK and Worldpay. Therefore we are not responsible for the operations during this secure transaction and unless we are negligent we will not be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid via PayPal or Worldpay.
- CONSUMER PROTECTION (Distance Selling) REGULATIONS 2000: Right to Withdraw: You have the right to withdraw from this agreement but this ends 14 days after the date we deliver the products to you by sending an email to ‘firstname.lastname@example.org’ notifying us of this intention. You will not have to pay for any products and any amounts you have been charged will be refunded back to your payment method within 30 days. However, if the products have been dispatched for delivery you must return the products to us, and pay the costs in doing so. Any products returned must be received by us in the same packaged condition, unworn, with all tags and undamaged as when dispatched, within 28 days of your order being delivered. Delivery costs are only refunded when you have notified us of your intent to withdraw within 14 days from when your order was delivered, or sooner.
- WARRANTIES: The products which are sold via this website have been designed for women for use during and after pregnancy and comply with the statutory legal requirements and relevant safety standards of the UK. A 28 day warranty period, effective from the day of delivery, from defects in materials and workmanship, is offered on all products purchased through Elizabeth Brown Maternity (www.ebmaternity.co.uk) with the exception of malicious damage or unintended use. We will replace products, free of charge or will refund you the price of the products less postage via PayPal. This only applies if the instructions governing the use of the products have been followed. We will not have any further liability in respect of the products after this warranty period has elapsed.
- RETURNS: We are happy to refund or exchange any product returned within 14 days of your order being delivered. Items must not have been worn for longer than necessary to try on the clothing and returned in the same packaged condition, unworn, with all tags and undamaged as when dispatched. Returned items must be received by Elizabeth Brown Maternity within 28 days of your original delivery date. Please include the returns slip on the reverse of your receipt to help us identify your order and process your refund/exchange. Parcels missing this return slip may incur a £5 administration cost to cover the time and costs associated with matching the parcel with your sales record. If you have notified us of your intent to withdraw from your sales agreement within 14 days of delivery, and if your entire order is returned then the standard rate of delivery will be refunded. If your order total was over £60 and qualified for free delivery, then the standard rate of delivery will be applied if you return items and the order value drops below £60. If you selected ‘Express Delivery’ then only the standard delivery rate will be refunded. Returns are processed upon receipt of goods and any monies refunded within 30 days. Once a refund has been issued it will be returned to either your PayPal account or bank/credit card used to pay. We are unable to refund to any other method other than the one which was originally used to place the order. We do not refund postal or return costs for international orders.
- TERMS AND CONDITIONS OF USE – Website/ Social Media: You are responsible for anything which you transmit or receive from or via or post on our website (www.ebmaternity.co.uk) or social media pages (Facebook, Twitter, Instagram). As we do not control, or screen, the content of what is posted via our social media pages we cannot guarantee it’s accuracy, integrity or quality. You are not permitted to use our website, or any of our social media pages, for any reason or purpose which is unlawful, defamatory, harmful or objectionable. You are not permitted to transmit anything which in our opinion harms our business or offends other users. You must ensure that you do not transmit or post any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment. You are also not permitted to do anything which may disrupt, in any way, the operation of our website or services.
- PROPERTY RIGHTS & LICENCES: All text, software, photographs, graphics, page layouts, design and other material that is contained in our website is protected by our copyrights and trademarks.
- DISCLAIMER OF WARRANTIES: By agreeing to these terms and conditions you agree that the use of our website is at your own risk. We make no warranty that the use of our website will be error free and no advice or information, whether oral or written, obtained by you, through or from the website, or our services will create any warranty not expressly stated in these terms and conditions.
- INDEMNITY: You agree to indemnify us and hold us harmless from and against any claims, actions or demands, including any legal fees incurred resulting from your misuse of our website or your breach of these terms and conditions.
- LIMITATION OF LIABILITY: To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and or damages resulting from a) your use, or inability to use our website b) services we provide, except where we expressly state we have responsibilities in these terms and conditions c) unauthorised access to your transactions via PayPal d) statements or conduct of any third parties. You agree that in no event will our liability arising out of or in respect of these terms and conditions exceed £1000 in no event will we be liable for any loss of profits, good will, loss of business, loss of data or any other indirect or consequential loss of damage whatsoever, whether or not arising from any negligence on our part.
- TRADEMARK INFORMATION: Elizabeth Brown Maternity is a registered trademark in the UK. You agree not to display or use either or both in any manor without prior consent of Elizabeth Brown Maternity.
- GENERAL: These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our website and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently).
If any of these terms and conditions are found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any terms shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the website or our services. These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English Courts.
If you are dissatisfied or have questions with any part of our website, service provided or any aspect of these terms and conditions you should get in contact via the Contact Us form on the website or by emailing email@example.com