TERMS AND CONDITIONS ELEGANCE CHIC
Please read the following important terms and conditions before you place an Order with Us
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
If you don’t understand any of this contract and want to talk to Us about it, please contact Us by:
- e-mail email@example.com, responding during business hours Monday to Friday 09:00 – 17:00
- telephone 0044 (0)141 292 6044 during working hours Monday to Friday 09:00-17:00
Who are We?
|We are Elegance Chic Limited, registered in Scotland under company number: SC529879
Our registered office is at: 7 Royal Crescent, Glasgow, G3 7SL
Our VAT number is: 247619383
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
“Bespoke Goods” has the meaning set out in clause 4.3;
“Business Day” means a day other than Saturday, Sunday and public holidays when banks are open for business in Glasgow;
“Confirmation Email” has the meaning set out in clause 4.2.3;
“Contract” means the agreement between you and Us for the sale and purchase of Goods incorporating these Terms and the Order;
“Delivery Date” has the meaning set out in clause 5.1;
“Event Outside Our Control” has the meaning set out in clause 11.2;
“Goods” means the goods that We are selling to you as set out in the Order;
“Intellectual Property Rights” means copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, chip topography rights, mask works, utility models, domain names and all similar rights and, in each case:
(a) whether registered or not;
(b) including any applications to protect or register such rights;
(c) including all renewals and extensions of such rights or applications;
(d) whether vested, contingent or future;
(e) to which a party is or may be entitled; and
(f) in whichever part of the world existing;
“Online Order Form” means the form submitted vie Our website to place an Order;
“Order” means your order for the Goods submitted using the Online Order Form;
“Property” the address at which the Goods are to be delivered;
“Specification” means the description or specification of the Goods (including plans, drawings, designs, technical specifications relating to the Goods) set out in the Online Order Form;
“Terms” means the terms and conditions set out in this document; and
“We/Our/Us” means Elegance Chic Limited, a company incorporated in Scotland under company number SC529879, whose registered office is at 7 Royal Crescent, Glasgow, G3 7SL.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2.1 If you buy Goods on our website you agree to be legally bound by this contract.
2.2 This contract is only available in English. No other languages will apply to this contract.
2.3 When buying any Goods you also agree to be legally bound by:
2.3.1 our website terms and conditions and any documents referred to in them;
2.3.2 extra terms which may add to, or replace some of, this contract. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply; and
2.3.3 specific terms which apply to certain Goods. If you want to see these specific terms, please visit the relevant webpage for the Goods at any time during the online checkout process.
All these documents form part of this contract as though set out in full here.
3 Information we give you
3.1.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Regulations”) say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please contact us using the contact details at the top of this page.
3.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
4 Ordering Goods from us
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You place an order on the website by submitting an Online Order Form. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
4.2.1 When you place your order at the end of the online checkout process (e.g. when you click on the ‘pay now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
4.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
- 2.2.1 the Goods are unavailable;
- 2.2.2 we cannot authorise your payment;
- 2.2.3 you are not allowed to buy the Goods from us;
- 2.2.4 we are not allowed to sell the Goods to you; or
- 2.2.5 there has been a mistake on the pricing or description of the Goods.
- 2.3.1 a legally binding contract will be in place between you and us; and
- 2.3.2 we will dispatch the Goods to you.
4.3 Unfortunately, where We make these Goods to your specific requirements (“Bespoke Goods“), you will not be able to cancel an Order once it has been submitted and is accepted by Us in accordance with these Terms (but this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described).
4.4 We make the Bespoke Goods according to the measurements and Specification that you provide to Us on the Order. These measurements and specifications will be set out in the Confirmation Email.
4.5 Please make sure the Specification is correct and accurate. Unfortunately, We cannot accept the return of Bespoke Goods if the reason for the return is because you provided Us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.
4.6 Please note that it is your responsibility to ensure that Goods will fit in to the intended rooms and through all doors required for delivery.
5 Right to cancel this contract
5.1 Save in relation to Bespoke Goods, where you are purchasing in the capacity of a consumer in terms of the Regulations, you have the right to cancel this contract within 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquire, physical possession of the Goods (“Delivery Date“), without giving any reason.
5.2 The cancellation period will expire upon the 14th day after the Delivery Date.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement through email at firstname.lastname@example.org. by providing: your Name, Order Number, Address, Products Code, Bank Account for reimbursement.
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6 Effects of cancellation
6.1 If you cancel this contract in accordance with these Terms, we will reimburse to you all payments received from you.
6.2 We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result if unnecessary handling by you.
6.3 We will make the reimbursement without undue delay, and not later than:
6.3.1 7 days after the day you provide evidence that you have returned the Goods; or
6.3.2 if there were no Goods supplied, 7 days after the day on which we are informed about your decision to cancel this contract before dispatch.
6.4 We will make the reimbursement through wire transfer into your bank account which you must provide upon cancellation otherwise we will not be able to proceed; in any event, you will not incur any fees as a result of the reimbursement.
6.5 If you have received Goods:
6.5.1 You will have to send back the Goods, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired;
6.5.2 you will have to bear the direct cost of returning the Goods; and
6.5.3 you are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
7.1 If you order for delivery to a location outside the UK and require Us to arrange for the delivery from your local customs department to your address then you must inform Us on your Order.
7.2 The estimated date and time window for delivery of the Goods will be arranged with you once the Goods are ready to be dispatched.
7.3 If something happens which:
7.3.1 is outside of our control; and
7.3.2 affects the estimated date of delivery; we will let you have a revised estimated date for delivery of the Goods.
7.4 Delivery of the Goods will take place when we deliver them to the address that you gave to us on the Online Order Form.
7.5 We cannot deliver the Goods if we are unable to properly identify you. Please provide our driver with a form of ID (passport or photocard driving licence).
7.6 Due to handmade products under special order if not in stock, delivery times which shall be communicated to you.
7.7 The delivery time for any Bespoke and/or handmade Goods shall be confirmed to you in your Confirmation Email, can take up to 16-24 weeks from the date of placing your Order according to production queue.
7.8 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
7.9 You are responsible for the Goods when delivery has taken place. In other words, the risk in the Goods passes to you when you take possession of the Goods.
7.10 We may deliver your Goods in instalments. You will be notified for that through an email.
8.1 All payments take place through Credit Cards, Debit Cards and Cash payments through Bank Wire Transfer. Contact us for purchases through Wire Transfer at email@example.com.
8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.3 Your credit card or debit card will be charged when an Order is submitted.
8.4 If any additional delivery costs, bank charges, interior design services or other costs will occur (changes in fabric, bespoke sizes, changes in wood painting etc.), payment will be made before delivery of the Goods. In this case, you will get an email notification with details for any extra costs and you will have to reply with a confirmation email that you accept such costs. We will require full payment of any such costs by way of a wire transfer to us before we continue with your order.
8.5 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
8.5.1 Verified by Visa: https://www.visa.co.uk
8.5.2 Mastercard®SecureCodeTM: https://www.mastercard.co.uk/en-gb.html
8.5.3 American Express SafeKey: https://www.americanexpress.com/uk/content/safekey-information.html
8.5.4 Bank Transfer
8.6 The price of the Goods:
8.6.1 is in pounds sterling (£)(GBP);
8.6.2 includes VAT at the applicable rate;
8.6.3 includes delivery costs for Goods to be delivered within the UK but does not include the cost of delivering the Goods to anywhere outside the UK; and
8.6.4 does not include any bank charges made by your bank.
9 Nature of the Goods
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the Goods:
9.1.1 are of satisfactory quality;
9.1.2 are fit for purpose;
9.1.3 match the description, sample or model; and
9.2 We must provide you with Goods that comply with your legal rights.
9.3 While we try to make sure that:
9.3.1 all weights, sizes and measurements set out on the website are as accurate as possible, some may slightly vary;
9.3.2 the curving is as accurate as possible, some may slightly vary / production period
9.3.3 the colours of our Goods are displayed accurately on the website, the actual colours that you see on your computer may vary depending on the monitor that you use;
9.3.4 fabric style might vary in case of fabric out of stock, in this case, we will be in contact with you before proceeding with the production and we will provide alternatives in which you will have to agree in order to proceed; and
9.3.5 the Bespoke Goods match the material’s colours and finishes as shown on the website, these may slightly vary due to natural wood variations and varnishes.
9.4 Any Goods sold:
9.4.1 at discount prices; or
9.4.2 as remnants; will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
10 Faulty Goods
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please contact us using the contact details at the top of this page.
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.3 Please contact us using the contact details at the top of this page, if you want:
10.3.1 a price reduction; or
10.3.2 to reject the Goods and get a refund in which that point you can proceed with a new order.
11 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12 Limit on our responsibility to you
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
12.1.1 losses that:
- 1.1.1 were not foreseeable to you and us when the contract was formed; or
- 1.1.2 were not caused by any breach on our part;
12.1.2 business losses; and
12.1.3 losses to non-consumers.
13 Data protection
14.1 We will try to resolve any disputes with you quickly and efficiently.
14.2 If you are unhappy with:
14.2.1 the Goods;
14.2.2 our service to you; or
14.2.3 any other matter;
please contact us as soon as possible at firstname.lastname@example.org.
14.3 If We cannot resolve a dispute with you using Our internal complaint handling procedure, We will let you know that We cannot settle the dispute with you.
15 Governing Law
These Terms are governed by the law of Scotland. You and We both agree to submit to the non-exclusive jurisdiction of the Scottish courts to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
Who we are
Elegance Chic Limited (‘we’ or ‘us’) are a ‘data controller’ for the purposes of the Data Protection Act 1998, (ie we are responsible for, and control the processing of, your personal information).
Personal information provided by you
We collect personal information about you (such as your name and address) when you register with us or purchase products or services from us. We also collect personal information when you [contact us, send us feedback, post material to our website, complete customer surveys or participate in competitions].
Personal information about other individuals
If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
- give consent on his/her behalf to the processing of his/her personal data;
- receive on his/her behalf any data protection notices; and
- give consent to the transfer of his/her personal data abroad.
Monitoring and recording communications
We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance, training].
For example, we may monitor how many times you visit the website, which pages you go to, traffic data, location data and the originating domain name of a user’s internet service provider. This information helps us to build a profile of our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.
You can set your browser not to accept cookies and the websites below tell you how to remove cookies from your browser. However, some of our website features may not function as a result.
For further information on cookies visit www.aboutcookies.org or www.allaboutcookies.org.
How will we use the information about you?
We collect information about you so that we can:
- identify you and manage any accounts you hold with us;
- process your order;
- conduct research, statistical analysis and behavioural analysis;
- carry out customer profiling and analyse your purchasing preferences;
- if you agree, let you know about other products or services that may be of interest to you—see ‘Marketing’ section below;
- detect and prevent fraud;
- customise our website and its content to your particular preferences;
- notify you of any changes to our website or to our services that may affect you;
- carry out security vetting; and
- improve our services.
We would like to send you information by post, email, text message (SMS) about special offers which may be of interest to you. You can inform as with an email at email@example.com if you do not wish to receive marketing information.
Who your information might be shared with
We may disclose your personal data to:
- other companies within our group;
- our agents and service providers;
- law enforcement agencies in connection with any investigation to help prevent unlawful activity;
- our business partners in accordance with the ‘Marketing and opting out’ section above; and
Keeping your data secure
We will use technical and organisational measures to safeguard your personal data, for example:
- access to your account is controlled by a password and user name that are unique to you;
- we store your personal data on secure servers; and
- payment details are encrypted using high-security technology SSL (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology).
While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason, we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet. If you have any particular concerns about your information, please contact us firstname.lastname@example.org.
What can I do to keep my information safe?
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Transfers of your information out of the EEA
When you signed up for an account with us, you agreed that we may transfer your personal data to countries which are located outside the European Economic Area, for the purpose of processing your order. Rest assured that we will always ensure any transfer is subject to appropriate security measures to safeguard your personal data.
What rights do you have?
Right to request a copy of your information
You can request a copy of your information which we hold (this is known as a subject access request). If you would like a copy of some or it, please:
- email or call us
- let us have proof of your identity and address (a copy of your driving license or passport and a recent utility or credit card bill), and
- let us know the information you want a copy of, including any account or reference numbers if you have them.
We may charge a small fee for this service.
Right to correct any mistakes in your information
You can require us to correct any mistakes in your information which we hold free of charge. If you would like to do this, please:
- email or call to us
- let us have enough information to identify you (eg account number, user name, registration details); and
- let us know the information that is incorrect and what it should be replaced with.
Right to ask us to stop contacting you with direct marketing
You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:
- email or call to us. It may take up to 7 days for this to take place;
- let us have proof of your identity and address (a copy of your driving license or passport and a recent utility or credit card bill); and
- let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only (for example, you may be happy for us to contact you by email but not by telephone).
How to contact us
If you wish to contact us, please send an email to email@example.com or call us on +44 (0)141 292 6044.