Terms & Conditions
These terms and conditions (the “Terms”) set out the terms on which We supply our products to You (either a “Product” and together the “Products”) via our website at emmastevenson.co.uk and any other application or platform We may publish from time to time (the “Website”). Please read these Terms carefully and ensure You understand them before placing Your order to Us.
These Terms tell You who We are, how We will provide Products to You, how You and We may change or end the contract, what to do if there is a problem and other important information.
1. Information about us, you and how to contact us
- We are EMCStevenson Limited, a private company limited by shares incorporated and registered in England and Wales with company number 13172366, whose registered office is at Studio 210 134-146 Curtain Road, London, England, EC2A 3AR (“Us”, “We” or “our Team”).
- You are a customer of the Website (“You”, “Your”, “Client” or “Clients”) and can contact Us by writing to email@example.com or Studio 210 134-146 Curtain Road, London, England, EC2A 3AR.
- In the event of EMCStevenson Limited needing to contact You, We will do so by telephone or by writing to You at the email address or postal address provided to Us in Your order.
- When We use the words “writing” or “written” in these Terms, this includes emails.
2. Amendments to these terms
- We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes to our way of working.
- You will be subject to the policies and Terms in force at the time any Items are ordered from Us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these Terms before We send through the order Acceptance as outlined in clause 3.3 below.
- If You wish to alter an Item order, please contact Us and We will let You know if the change will be possible. If it is, feasible, our Team will let You know about (i) any changes to the price of the Item, (ii) the delivery timings and (iii) anything else that arises due to Your requested change, and (iv) ask You to confirm whether You wish to go ahead with the adjustment. If the change cannot be made by our Team, or if any consequences arise that don’t suit You, You may in certain circumstances (as set out in clause 4.2) cancel the order.
3. How the agreement is formed between us and you
- You can begin an Item order by selecting the Item and adding it to the shopping basket.
- You will be asked to pay for the Item using our third party payment provider via the Website.
- Our acceptance of Your order (“Acceptance”) will take place when We send through a confirmation email, verifying that an Agreement now exists between You and Us (the “Agreement”).
- If We are unable to accept Your order, our Team will inform You of this in writing and will not charge You for the Items (or will promptly refund You for any payment that We have taken).
- When our Team accepts Your order, an order number will be assigned to confirm the Items purchased. Please save this number and share it with our Team whenever You contact Us about Your order.
- Each Item order made by You for Items will be deemed to be an offer by You to purchase the Items subject to these Terms.
- It is Your responsibility to ensure that all terms and details of Your order and any applicable specification are complete and accurate, please.
- All Items are supplied on the condition that You undertake at all times to take notice of and comply with all instructions, statements and recommendations issued with or relating to the Items and to take all reasonable and prudent precautions as to their use. We shall not be liable to You or to any third party for any loss or damage which arises from Your (or any third party’s) misuse of any Items.
- These Terms will be incorporated into each Agreement to the exclusion of all other terms and conditions.
4. Consumer and business rights
- For the purposes of these Terms, Your role in the contract is that of a Consumer (a “Consumer”) if You are not acting for the purposes of Your business, trade or profession in purchasing Items from Us. All other customers shall be contracting as business customers (a “Business”).
- As a Consumer, You may, with the exception of terms given in clause 4.9, cancel an Agreement (without giving any reason for cancellation) at any time within the period:
- beginning upon the submission of Your order; and
- ending at the end of 14 days after the day on which the Items come into Your physical possession or the physical possession of a person identified by You to take possession of them.
- As a Business, You may only cancel an Agreement before the Items have been dispatched by our Team, with the exception of terms given in clause 4.9.
- In order to cancel an Agreement on the basis described in clauses 4.2 or 4.3, You will need to inform Us of Your decision to cancel in writing, please. You may inform Us by means of any clear written statement setting out the decision. To meet the cancellation deadline, it is sufficient for You to email Us concerning the exercise of the right to cancel by one of the methods detailed in clause 4.2 before the cancellation period detailed in clauses 4.2 has expired.
- We Our Team will advise You of the process by which Items can be returned to Us. You will need to return Items without undue delay and no later than 14 days after the day on which You inform Us of Your decision to cancel the Agreement. The Client will be responsible for paying the direct cost of returning all Items.
- You are responsible for returning Items in their original packaging, unused and suitable for resale. If the value of the Items returned by You is diminished by any amount as a result of Your handling of those Items beyond what is necessary to establish the nature, characteristics and functioning of the Items, We may recover that amount from You up to the Agreement price. We may recover that amount by deducting it from any refund due to You or require You to pay that amount direct to Us. Handling which goes beyond the sort of handling that might reasonably be allowed in a store will be “beyond what is necessary to establish the nature, characteristics and functioning of the Items ” for these purposes.
- If You cancel an Agreement on the basis described in clauses 4.2 or 4.3, You will receive a full refund of the order amount You paid to Us, excluding any additional or special carriage charges paid for the delivery of the Items Products to You. Any cost related to the return of Items when arranged by Us will be deducted from Your refund.
- Unless We have offered to collect the Items, We will process a refund due to You as a result of a cancellation on the basis described in clauses 4.2 or 4.3 within the period of 30 days after We receive the returned Items. If We have not sent the Items to You at the time of cancellation or have offered to collect the Items, We will process a refund due to You without undue delay and, in any case, within 30 days after the day on which We are informed of the cancellation.
- Clients do not have the right to cancel an Agreement on the basis described in clause 4.2 in respect of any non-stock Items, nor for any Items which are bespoke, made-to-order, personalised, customised, made to Your specification or specially ordered (the “Made to Order Items”) nor for any vintage products (the “Vintage Items”). The Made to Order Items and Vintage Items shall together be the “Specific Items”.
5. Our items
- The images of all Items on our Website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device’s display of the colours accurately reflects the precise hue of the Item itself. Your Item may vary slightly from those images. Although We have made every effort to be as accurate as possible, because our Items are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a 2% tolerance.
- The packaging of an Item may vary from that shown in images on our Website.
- Descriptions appearing on our Website or in catalogues, brochures or in any other publicity material are given in good faith. All weights and dimensions are approximate only and maximum load capacities stated are for evenly distributed loads only. Information may be varied or amended by Us at any time without notice.
- We reserve the right to correct any typographical or clerical error or omission on our Website, in any sales literature, price list, quotation, Acceptance, specification, invoice or other document or information issued by Us, without any liability on our part and without notice.
- All intellectual property rights in relation to any Item and any associated design software and designs, data sheets, packaging and literature are and shall remain (as between You and Us) our sole and exclusive property and no licence (except in relation to any reasonable use for which the Items are supplied) shall be implied.
- All Items are offered by Us subject to availability and We reserve the right to cancel any order placed by You if We have insufficient stock or for any reason are unable to deliver the Items You have ordered.
7. Risk and title
- All Items will be at Your risk from the time that our chosen carrier delivers the Items to You or leaves the Items at Your delivery address as per Your instructions.
- Ownership of the Items will only pass to You when the payment for all Items has been received and confirmed and no amounts remain outstanding. In the event of non-payment for any Items, if You are a Business, We may enter Your premises to repossess the Items and may, if necessary, detach or remove the Items in question from any other goods.
- Until ownership of the Items has passed to You in accordance with clause 7.2, it is the Client’s responsibility to:
- store the Items (at no cost to Us) separately from all Your other goods in Your possession;
- not destroy, deface or hide any identifying mark or packaging on or relating to the Items, maintain the Items in satisfactory condition (as determined by Us) and keep them insured on our behalf for the full price of the Items against all risks to our reasonable satisfaction. On request You shall produce the policy of insurance to Us; and
- hold the proceeds of the insurance referred to in clause 7.3(b) on trust for Us.
8. Price and payment
- The price of all Items will be as quoted by Us or as published on our Website, except in cases of obvious error.
- All prices are subject to any applicable UK VAT. If the rate of VAT changes between Your order date and the date We supply the Items, We will adjust the rate of VAT that You pay, unless You have already paid for the Item in full before the change in the rate of VAT takes effect.
- Prices are liable to change at any time, but changes will not affect orders for which We have already sent You an Acceptance email.
- It is always possible that, despite our best efforts, some of the Items listed on our Website may be incorrectly priced. Our Team will normally verify prices as part of our Acceptance. If the correct price of the Items is higher than the price stated on our site, We will normally, at our discretion, either contact You for instructions before dispatching the Items, or cancel Your order and notify You of the change in writing.
- Please note that we are under no obligation to any Items to You at the incorrect (lower) price, even after We have sent You an Acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as a mispricing.
- We accept payment by credit/debit card or bank transfer payment. Unless You hold a credit account with Us, full payment must be made prior to order Acceptance, please. Secure card payments can be made by VISA, Mastercard, Delta, Switch, Solo, VISA Electron or by PayPal.
- Payment is needed before dispatch unless (for Business customers only) credit terms have been agreed.
- Our payment terms for credit accounts are 30 days from the date of invoice. All payments must be made in sterling (GBP). In the case of Client payment delays, We reserve the right to charge interest on overdue accounts at a rate of 5% above Bank of England base lending rate from time to time for each month that the amount remains unpaid. We reserve the right to hold back on the delivery of any further Items if Your account is in arrears
9. Our liability
- For Businesses:
- all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law;
- without limiting the generality of clause 10.2(1), We shall not be liable to You a if any monies amount remains unpaid by You due from You to Us have not been paid in full;
- without prejudice to any of the provisions of this clause 10.1, We shall have no liability to You for any:
- consequential losses;
- loss of profits and/or damage to goodwill;
- economic and/or other similar losses;
- special damages and indirect losses;
- business interruption, loss of business, contracts and/or opportunity; and/or
- inconvenience, delay or loss of production
- without limitation to any of the terms outlined above, our aggregate liability to You (whether for breach of Agreement or for negligence or otherwise), for loss or damage of any nature however caused, shall be limited to and in no circumstances shall exceed the price of the Items purchased from Us; and
- without limitation or prejudice to any of the terms outlined above, You shall indemnify and hold Us, our partners, affiliates, officers and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising from any breach of the Agreement by You, or the infringement You, or by anybody else using Your account, of any intellectual property or other right of any person or entity.
- For Consumers:
- We warrant to You that any Products purchased from Us are of satisfactory quality and reasonably fit for all of the purposes for which Products of that kind are commonly supplied; but
- We shall only be liable to You for:
- losses that are caused as a result of any breach of Agreement by Us (up to the value of the purchase price of the Products You purchased); and
- losses that are caused as a result of our negligence; and
- We shall not be liable for any loss pursuant to clause 10.2.(2) if:
- any such loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of Us at the time that Your order was accepted by Us; or
- any such loss (or any part thereof) was caused by or contributed to by Your breach of any of these Terms; and
- for the avoidance of doubt, We shall not be liable for any indirect losses.
- Nothing in these Terms shall exclude or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for Us to exclude, or attempt to exclude, our liability.
10. Force Majeure
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by events outside our reasonable control (the “Force Majeure Event”).
- 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:
- epidemic, pandemic or public health crisis;
- government mandated lockdown;
- notifiable disease;
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; or
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Agreement 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 Agreement may be performed despite the Force Majeure Event.
11. Other important terms
- In the event that You are in breach of the Agreement, We reserve the right to refuse to supply You with any additional Items, or to suspend the delivery of any Items, without limiting any other remedy available to Us. We may exercise this right until the breach has been corrected, wherever that is possible.
- A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
- All notices to Us are to be made in writing via email or post to the addresses in the Contact Us section of our site, please. We may broadcast notices or messages through our site or contact You by email and notification by either of these methods shall constitute notice to You.
- It is the responsibility of the Client not to assign or delegate all or any of Your rights or obligations under the Agreement without our prior written consent, such consent not to be unreasonably withheld.
- We reserve the right to assign, subcontract or transfer all or any of our rights and obligations under the Agreement to any person, firm or company without notice to You.
- If any of these Terms or any provisions of the Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These Terms and any document expressly referred to in them represent the entire agreement between Us in relation to the subject matter of any agreement and override any prior agreement, understanding or arrangement between Us, whether spoken or in writing.
- The Agreement and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- We each agree that any of the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or these Terms or its subject matter or formation (including non-contractual disputes and claims).