Terms & Conditions
|THE ELLIE SPOON GIFT COMPANY
TERMS & CONDITIONS OF SALE
1.1 The definitions and rules of interpretation in this condition apply in these conditions.
Buyer: the person, firm or company who purchases the Goods from the Ellie Spoon Gift Company.
Contract: the contract between the Ellie Spoon Gift Company and the Buyer for the sale and purchase of Goods.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Ellie Spoon Gift Company (including any part or parts of them).
Order: the Buyer’s order to the Ellie Spoon Gift Company for the Goods.
1.2 Words in the singular include the plural and in the plural include the singular.
1.3 Condition headings do not affect the interpretation of these conditions.
2. APPLICATION OF TERMS
2.1 Any order placed by a Buyer with the Ellie Spoon Gift Company is deemed to be an offer by the Buyer to buy Goods subject to these conditions.
2.2 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions. (including any terms or conditions which the Buyer purports to apply).
2.3 These conditions apply to all the Ellie Spoon Gift Company´s sales and no variation to these conditions nor any representations about the Goods shall apply unless expressly agreed in writing and signed by a duly authorised representative of the Ellie Spoon Gift Company.
2.4 The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Ellie Spoon Gift Company which is not set out in this Contract (provided that this shall not exclude or limit liability for fraudulent misrepresentation).
3. STOCK AVAILABILITY
3.1 While the Ellie Spoon Gift Company aims to keep all advertised items in stock, it cannot guarantee that all items will be in stock at any particular time. Accordingly, where an item is out of stock it reserves the right to substitute an alternative item.
3.2 Illustrations of items on the Ellie Spoon Company’s website are for guidance only. Items included in the Goods may vary from items illustrated on the website.
4.1 Unless otherwise agreed by the Ellie Spoon Gift Company in writing, the price for the Goods shall be the price shown on the Ellie Spoon Gift Company´s website at the date of the Order.
4.2 The price for the Goods is exclusive of delivery charges and value added tax.
4.3 The Ellie Spoon Gift Company reserves the right to change prices and delivery charges as shown on its website without notice.
5.1 The price for the Goods, delivery charges and value added tax must be paid before the Goods are despatched by the Ellie Spoon Gift Company.
5.2 Payment may be made by credit card, debit card or by cheque made payable to “The Ellie Spoon Gift Company”.
6.1 Goods are despatched by the Ellie Spoon Gift Company as soon as possible after receipt of the Order (where the Buyer pays by credit or debit card) or clearance of the Buyer’s cheque (where the Buyer pays by cheque).
6.2 Any dates specified by the Ellie Spoon Gift Company for delivery of the Goods are intended to be an estimate. If it does not specify dates, delivery shall be within a reasonable time. Time for delivery shall not be of the essence nor made of the essence by notice.
6.3 Subject to the other provisions of these conditions the Ellie Spoon Gift Company shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
6.4 The Ellie Spoon Gift Company shall not be liable for any non-delivery of Goods unless the Buyer gives written notice to the Ellie Spoon Gift Company of the non-delivery not less than 21 days nor more than 35 days after the date of the Order.
6.5 Any liability of the Ellie Spoon Gift Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or refunding the price of the Goods.
7. CANCELLATIONS AND RETURNS
7.1 If the Buyer wishes to cancel the Order, the Buyer must notify the Ellie Spoon Company in writing. Cancellation of Orders is subject to consent of the Ellie Spoon Company. Orders may not be cancelled after the Goods have been despatched.
7.2 If for any reason the Buyer is not satisfied with the Goods, the Buyer may (at the Buyer’s expense) within 7 days of receiving the Goods return them to the Ellie Spoon Company and request a refund of the price paid for the Goods. Provided the Goods are received by the Ellie Spoon Company in their original unused condition, the price paid for the Goods will be refunded to the Buyer. Delivery charges will not be refunded.
8. WARRANTY AND LIABILITY
8.1 The Ellie Spoon Gift Company warrants to the Buyer that (subject to the other provisions of these conditions) upon delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979. The Ellie Spoon Gift Company shall not be liable for a breach of that warranty unless:
(a) the Buyer gives written notice of the defect to the Ellie Spoon Gift Company within 14 days after despatch of the Goods by the Ellie Spoon Gift Company; and
(b) the Buyer (if asked to do so by the Ellie Spoon Gift Company) returns the Goods in their original unused condition to the Ellie Spoon Gift Company.
8.2 If any of the Goods do not conform with the warranty in condition 8.1 the Ellie Spoon Gift Company shall refund the price of such Goods (but not the delivery charge), following which the Ellie Spoon Gift Company shall have no further liability for a breach of the warranty.
8.3 All warranties, conditions and other terms implied by statute or common law (except for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
8.4 Nothing in these conditions excludes or limits the liability of the Ellie Spoon Gift Company:
(a) for death or personal injury caused by the Ellie Spoon Gift Company´s negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Ellie Spoon Gift Company to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
8.5 Subject to condition 8.3 the Ellie Spoon Gift Company´s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Buyer for the Goods.
9.1 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Ellie Spoon Gift Company.
10. FORCE MAJEURE
The Ellie Spoon Gift Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Ellie Spoon Gift Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Ellie Spoon Gift Company to terminate the Contract.
11.1 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
11.2 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.3 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.