Terms and conditions for a website selling consumer goods Ear Pillow For You Ltd

1. Introduction

1.1 These Terms & Conditions set out the terms between you the customer and us the website owner.

1.2 You should not use this website if you do not accept with these Terms & Conditions in full.

 

2. About us

This Website is owned and operated by Ear Pillow For You Ltd (‘we’/’us’/’our’), a limited company registered in England and Wales under company number: 08605489 having our registered office at 6a Victoria Park, Colwyn Bay, North Wales, LL29 7AX.

 

3. Customer Information

3.1 Our website is only intended for use by adults. It means you should be over 18 years old to be able to use this website. Adults may purchase Products for children as long as the Products purchased are intended by the manufacturer for use or consumption by children.

3.2 You should be legally capable of entering into a binding Contract and provide full details of an address in the United Kingdom for the performance or delivery of the Products.

3.3 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.

3.4 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

3.5 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.

3.6 We reserve the right to restrict or remove your access to this website where you breach these Terms and Conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.

 

4. Privacy

We take your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.

 

5. Product Pricing, Title and Responsibility

5.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a Product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.

5.2 The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority from time to time in respect of our services, which the customer shall be additionally liable to pay to the supplier.

5.3 We reserve the right to alter all Products pricing without notice.

5.4 Title in any Products ordered from us does not pass to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped and received by you.

5.5 We are responsible for any loss or damage to any Products until you receive them.

 

6. Your Order

6.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the Products specified in the order.

6.2 By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.

6.3 Payment will be debited and cleared from your account before the dispatch of the Products or provision of the service to you.

6.4 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.

6.5 Product items not included within the dispatch email are not included in the order and contract between you and us.

6.6 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

6.7 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

6.8 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 unauthorized access to any data you provide when accessing or ordering from our website.

6.9   By accepting these Conditions you:

  1. Undertake that all the details you provide to us for the purpose of purchasing the Products are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered.
  2. Undertake that any and all Products ordered by you are for your own private or domestic use only and not for resale.
  3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention.

 

7. Quantity

While we ensure that the quantity of Products delivered accords with the quantity ordered by you, with orders over 20 items we will require one month written notice in advance.

 

8. Shipping and Customs Duty

8.1 All orders received by us are shipped subject to availability.

8.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the Product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the Product.

8.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.

8.4 If you are ordering a Product from outside the UK the recipient of the Product is responsible for all customs duties or tariffs incurred in the country to which the Products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.

 

9. Risk and Title

9.1 The Products will be at your risk from the time of delivery.

9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery (in the case of Products).

 

10. Cancellation Rights

10.1 Cancelling before receiving a Confirmation Notice

You may cancel your order for the Products at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a Cancellation Notice by sending an email to earpillow@live.com or a letter to 6a Victoria Park, Colwyn Bay, North Wales, LL29 7AX . You Cancellation Notice must quote your name, address, the name or a description of the Products and your order reference number.

10.2 Cancellation after receiving a Confirmation Notice

You are entitled to cancel your Contract at any time prior to receiving the Products so long as you provide us with written notice or, if you have received the Products, so long as you provide us with written notice at anytime within 28 working days starting from the day after you received the Products. You can send your Cancellation Notice by email to earpillow@live.com or a letter to 6a Victoria Park, Colwyn Bay, North Wales, LL29 7AX. Your Cancellation Notice must quote your name, address, the name or a description of the Products and your order reference number.

Upon receiving your Cancellation Notice, we will contact you and provide details of where you must return the Products and other relevant instructions. You must then immediately return the Product to us at your own cost and risk. We reserve the right, at our option, to collect the Products from you. If we wish to collect the Products we will notify you of when they will be collected by us. We will charge you for the cost of collecting the Products and will deduct this from any sum owed by us to you.

The Products must be returned to us in the same condition in which you received them until such time as the Products are either collected by us or delivered back to us by you. You must return the Products with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the Products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

10.3  We will offer you a refund of the full purchase price, including the cost of delivery for sending the Products to you, provided that you return the Products to us and the conditions set out in paragraph 9 are met. We must also be reasonably satisfied that the Products have not suffered damage after delivery and the Products have not been used with accordance of paragraph 10.4.

10.4 Important For reasons of health and hygiene the ear pillow can’t be returned once the original packaging, tags and hygiene seals have been removed. This does not affect your right to return faulty goods.

 

11. Damaged, Faulty or Wrongly Delivered Products

11.1 We will offer you a refund of the full purchase price, including the cost of delivery for sending the Products to you, and the cost of returning the Products to us, provided that you return the Products to us and the conditions set out in paragraph 9 are met. We must also be reasonably satisfied that the Products have not suffered damage after delivery and the Products have not been used with accordance of paragraph 10.4.

11.2 In addition to the requirements of paragraph 9, the Products in terms of which you are claiming a refund must have:

  1. been damaged on delivery;
  2. been delivered in a faulty condition;
  3. been delivered to you in error.

11.3 Alternatively, at your option, instead of a refund (and subject to returning the Products as required under this clause) we will replace the Products with the same or a similar Product (subject to stock availability).

11.4 In order to claim a refund or replacement item please send us a Cancellation Notice as soon as you become aware of a problem and no later than 28 working days after receipt or the fault developing by email to earpillow@live.com or a letter to 6a Victoria Park, Colwyn Bay, North Wales, LL29 7AX. Your Cancellation Notice must quote your name, address, the name or a description of the goods, a brief description of the problem, fault or damage and your order reference number.

11.5 Upon receiving your Cancellation Notice, we will contact you and provide details of where you must return the Products and other relevant instructions. You must then immediately return the Products to us. We reserve the right, at our option, to collect the Products from you. If we wish to collect the Products we will notify you of when they will be collected by us.

 

12. Processing Refunds

12.1 We will examine any returned Products and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 14 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Products or send a cheque by post.

12.2 We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Products in the event that the Products are found to have suffered damage after delivery or if the Products have not been returned with its original packaging. This does not affect your statutory rights.

 

13. Complaints

If you have a comment, concern or complaint about any Products you have purchased from us, please contact us via email at earpillow@live.com or by post at 6a Victoria Park, Colwyn Bay, North Wales, LL29 7AX.

 

14. Copyright

14.1 Our website ‘earpillowforyou.co.uk’ including all original photographs and material used to create it is copyrighted by us.   © earpillowforyou.co.uk 2012.  All rights reserved.

14.2 The content of the website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, trading business brand names, goodwill, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the website shall remain with us.

 

15. Warranties 

15.1 We warrant that we have title to and the unencumbered rights to sell the Products.

15.2 You shall be totally responsible therefore notwithstanding any advice or information which may be given to you for the use of Products all of which is given in good faith but without any liability.

15.3 We shall use every care to ensure uniformity and matching in shades in fabric but shall not be liable for any shade discrepancy arising out of varying dye affinities of fabric or variations of shade between different dye-lots or loss of colour fastness.

 

16. Limitations and Exclusions of Liability

16.1 Nothing in these Terms and Conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

16.2 The limitations and exclusions of liability set out in this section and elsewhere in these Terms and Conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms and Conditions or in relation to the subject matter of the Terms and Conditions, including liabilities arising in Contract, in tort (including negligence) and for breach of statutory duty.

16.3 To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

16.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, which include act of God, war, riot, explosion, abnormal weather conditions, fire, flood, strikes, lock outs, Government actions or regulations (whether of the United Kingdom or otherwise), delay or failure by suppliers, accidents and shortages of materials, labour or manufacturing facilities.

16.5 Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimize any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

16.6 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

16.7 We will not be liable to you in respect of any loss or corruption of any data, database or software.

16.8 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

17. Indemnity

17.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

17.2 You warrant that nothing in the order to us constitutes a breach or infringement of any patent copyright design trade mark or other industrial or intellectual property right and shall indemnify us against any and all loss damage or liability suffered and legal fees and costs incurred by us resulting from any breach thereof or from any allegation of such breach by any third party claiming against us.

 

18. Communications

18.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail:

  1.  (in the case of communication to us) to its registered office or such changed address as shall be notified to you by us; or
  2. (in the case of the communications to you) to the registered office (if it is a company) or (in any other case) to any address you set out in any document which forms part of the Contract or such other address as shall be notified in writing to us by you.

18.2 Communications shall be deemed to have been received:

  1.  if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or
  2. if delivered by hand, on the day of delivery; or
  3. if sent by fax or electronic mail on a Business Day prior to 4.00 p.m., at the time of transmission and otherwise on the next Business Day (provided that evidence shall be available of transmission or delivery to the correct address for such communications).

 

19. Third Party Rights

Except for our directors, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any Term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

 

20. Waiver

No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

21. Severance

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

 

22. General

22.1 We reserve the right to change the domain address of this website and any services, products, product prices, product specifications and availability at any time.

22.2 All prices and descriptions supersede all previous publications. All product descriptions are approximate.

22.3 Every effort is made to keep information regarding stock availability on the website up to date. However, we do not guarantee that this is the case, or that stock will always be available and we reserve the right to withdraw any fabric designs, colour etc. in the event of unforeseen circumstances.

22.4 All Contracts are concluded and available in English only.

22.5 If we fail, at any time during the Term of a Contract, to insist upon strict performance of any of your obligations under it or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

22.6 Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

22.7 This Product is not suitable for children under 5 years old.

22.8 Sales literature and other documents issued by us in relation to the services are subject to alteration without notice and do not constitute offers to sell the services which are capable of acceptance.

22.9 All brochures and other promotional materials are to be treated as illustrative only and shades may vary from batch to batch.

22.10 We reserve the right for big orders to make delivery by instalments and to render a separate invoice in respect of each instalment and price for delivery will be specified by request.

22.11 Delay for whatever reason in the delivery of any of the Products whether by instalments or otherwise including delay in any one or more instalments will not entitle you to treat the Contract as repudiated or to damages.

 

23. Governing Law and Jurisdiction

23.1 The website is controlled and operated in the United Kingdom.

23.2 Every purchase you make shall be deemed performed in England and Wales.

23.3 The Conditions and any Contract brought into being as a result of usage of this website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.

 

24. Headings

The headings of these Conditions are for convenience only and shall have no effect on the interpretation thereof.