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LEGAL

These are the legal terms and conditions under which we supply the products listed on our website www.ellisexcellence.com to you. Please read these terms and conditions carefully before ordering any products from our site. Using our site indicates that you accept these terms and conditions together with our Privacy Policy and Terms of, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use our site.

1. ELLIS EXCELLENCE INFORMATION

  1. Our registered office Ellis Excellence, Unit 6 Erica Road, Stacey Bushes, Milton Keynes. Our email address is support@ellisexcellence.com.

2. YOUR STATUS

  1. You may only purchase Products from us if:
    1. you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old);
    2. you are an authorised user of the credit or debit card used to pay for your order; and,

3. OUR CONTRACT WITH YOU

  1. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
  2. After you submit your order, we immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order then the product will be processed ready for dispatch at which point the contract between us ("Contract") will be formed.
  3. As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you will be able to return your product as per our Returns Policy.
  4. We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.

4. DELIVERY

  1. We will endeavour to process your order the same working day if ordered before 2pm.
  2. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, it may be returned to us by the courier. In the event of this happening, you will be charged for another attempted delivery.
  3. Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time. We will not be liable for any order delivered to the wrong address if you have provided us with the wrong address.
  4. The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colours of the Products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.

5. INTERNATIONAL DELIVERY

  1. If you order Products from us for delivery to a destination outside the UK:
  • your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such import duties and taxes.
  • Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
  • If you return any Products to us from a destination outside the UK, please ensure that the return parcel is marked clearly with the wording “Return” or wording to similar effect.

6. PRICE AND PAYMENT

  1. The price payable for the Products shall be as shown on our site in pounds sterling (GBP). Prices advertised on our site include UK VAT at the relevant rate chargeable for the time, but exclude delivery charges which are payable in addition and shown separately during the checkout process.
  2. We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
  3. We accept payment by debit card, credit card or Paypal. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
  4. You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account.
  5. If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
  6. If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.

7. YOUR RIGHT TO CANCEL THE CONTRACT (EEA CUSTOMERS ONLY)

  1. If you are a consumer in the European Economic Area (“EEA”), you have a legal right to cancel a Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery.
  2. If you wish to cancel a Contract under clause 8.1, you just need to communicate this to us within the timescale set out in clause 8.1. The easiest way to do this is to contact us by email at support@ellisexcellence.com or by phone at 01908 316455.

8. YOUR RIGHT FOR A REFUND (EEA CUSTOMERS ONLY)

  1. If you are a consumer in the EEA and you cancel your Contract under clause 8.1, We will:
  2. refund you the price you paid for the Products. However, please note that We may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
  3. refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method We offer to your delivery destination; and
  4. make any refunds due to you by the method you used for payment:
  5. 7 days after the day on which We receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or
  6. 14 days after you inform us of your decision to cancel the Contract
  7. Please see our Returns Policy for more information about returns and refunds.

9. FAULTY PRODUCTS

  1. Please see our Returns Policy for more information on returning faulty products.

10. OUR RIGHTS TO CANCEL THE CONTRACT

  1. We may end the Contract at any time if:
  2. you do not make any payment to us when it is due;
  3. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
  4. you do not, within a reasonable time, allow us to deliver the Products to you.

11. OUR LIABILITY

  1. If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.
  2. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
  3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.
  4. All the parts we sell are to be fitted by a qualified professional. We are not liable for any damage caused for wrongly fitted products.

12. EVENTS OUTSIDE OUR CONTROL

  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 an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.

13. INTELLECTUAL PROPERTY RIGHTS

  1. All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.

14. OTHER IMPORTANT TERMS

  1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
  2. If We have to contact you, We will do so by email  or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means.
  3. We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
  4. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.
  5. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
  6. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
  7. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  8. If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
  9. Please note that these terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
  10. In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of England and Wales.

15. AFTER-SALES SERVICE

  1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to support@ellisexcellence.com
  2. If you have any complaints these should be addressed in writing to Ellis Excellence by email to support@ellisexcellence.com  or by post Ellis Excellence, Unit 6 Erica Road, Stacey Bushes, Milton Keynes, MK12 6HS

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