Terms of Sale

ESTILO (NORDEN) LIMITED

TERMS OF SALE

 

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.estilonorden.co.uk (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

 

1. INFORMATION ABOUT US

 

We operate the website www.estilonorden.co.uk. We are Estilo (Norden) Limited, a company registered in England and Wales under company number 06436106 and with our registered office at 18 Pargate Chase, Norden, Rochdale, OL11 5DZ. Our main trading address is 798 Edenfield Road, Norden, Rochdale, OL12 7RB. Our VAT number is 925 205 249.

 

2. SERVICE AVAILABILITY

 

Our site is only intended for use by people resident in the United Kingdom mainland, Eire and Channel Islands (Serviced Countries). We do not accept orders from individuals outside those countries.

 

3. YOUR STATUS

 

By placing an order through our site, you warrant that:

   (a) you are legally capable of entering into binding contracts;

   (b) you are at least 18 years old;

   (c) you are resident in one of the Serviced Countries; and

   (d) you are accessing our site from that country.

 

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

 

4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

 

5. CONSUMER RIGHTS

 

5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).

 

5.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

 

5.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.

 

6. AVAILABILITY AND DELIVERY

 

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

 

7. RISK AND TITLE

 

7.1 The Products will be your responsibility from the time of delivery.

 

7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 

8. PRICE AND PAYMENT

 

8.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

 

8.2 Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

 

8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

 

8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

 

8.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.

 

8.6 Payment for all Products must be by credit or debit card.

 

9. REFUNDS

 

9.1 If you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.

 

9.2 Our returns policy on our website forms part of these terms and conditions. Please refer to it.

 

10. OUR LIABILITY

 

10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 10.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

 

10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

   (a) loss of income or revenue;

   (b) loss of business;

   (c) loss of profits;

   (d) loss of anticipated savings; or

   (e) loss of enjoyment, or injury to feelings.

 

10.3 Nothing in this agreement excludes or limits our liability for:

   (a) death or personal injury caused by our negligence;

   (b) fraud or fraudulent misrepresentation;

   (c) any breach of the obligations implied by section 12 of the Sale of Goods
         Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

   (d) defective products under the Consumer Protection Act 1987; or

   (e) any other matter for which it would be illegal for us to exclude or attempt to
         exclude our liability.

 

11. WRITTEN COMMUNICATIONS

 

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

12. NOTICES

 

All notices given by you to us must be given to Estilo (Norden) Limited at 798 Edenfield Road, Norden, Rochdale, OL12 7RB or estilonorden@btconnect.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

13. TRANSFER OF RIGHTS AND OBLIGATIONS

 

13.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

 

13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

 

13.3 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.

 

14. EVENTS OUTSIDE OUR CONTROL

 

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

 

14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

   (a) strikes, lock-outs or other industrial action;

   (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack,
         war (whether declared or not) or threat or preparation for war;

   (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
         natural disaster;

   (d) impossibility of the use of railways, shipping, aircraft, motor transport or
         other means of public or private transport;

   (e) impossibility of the use of public or private telecommunications networks;

   (f)  the acts, decrees, legislation, regulations or restrictions of any
         government;
         and

   (g) pandemic or epidemic.

 

14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

15. WAIVER

 

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract 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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

 

15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

 

15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

 

16. SEVERABILITY

 

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

17. ENTIRE AGREEMENT

 

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. Please make sure you ask for any variations from these terms and conditions to be confirmed in writing or they will not be enforceable.

 

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

 

We have the right to revise and amend these terms and conditions from time to time.

 

19. LAW AND JURISDICTION

 

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

20. THIRD PARTY RIGHTS

 

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

 

22 September 2011