Eloise Grey’s (“Eloise Grey” “we” “us”) website (our “Site”) and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Site (collectively the “TOS”). Please read the TOS carefully before placing any orders on eloisegrey.com. We recommend you should keep a copy of the TOS for future reference.
In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 18, you must let your parent or guardian know about Eloise Grey’s Privacy Policy before you register to use this Site or any of the Site’s services. We reserve the right to only accept orders from those over 18 years however.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.
Registration
You may need to create an account in order to use this site, for example to make a purchase.
When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address contact@eloisegrey.com. You may also want to view our Privacy Policy. We may change registration requirements from time to time.
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
These details will be stored and used in compliance with our Privacy and Security Policy. Credit card details are kept securely and removed after the returns period expires. You can unsubscribe from our newsletter or delete your account at any time via the Site or by emailing contact@eloisegrey.com.
If you have opened an account your details will be stored. Inactive users may have their details removed after a period of more than a year of no activity.
Eligibility to Purchase
The Site is available only to individuals and others who meet Eloise Grey’s terms of eligibility, who have been issued with a valid credit card by a bank acceptable to Eloise Grey, and who have authorised Eloise Grey to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase.
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
We reserve our right to limit the quantity of items purchased. You may not make a commercial use of it unless this has been agreed by us.
Orders
All orders are subject to acceptance and availability.
Your order constitutes an offer to us to buy a Product. We will confirm such acceptance to you by sending an order confirmation (Order Confirmation) shortly after your order to confirm that the fabric and item will be made. We aim to dispatch the item within 28 days, however, we are a small business and consequently cannot guarantee that the item will always be dispatched within 28 days but in normal business this will be the case.
Consumer Rights
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.
To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. 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.
Availability and Delivery
Delivery is normally using Royal Mail Special Delivery or a courier. Postage in the UK is free or in the case swatches included in the price. For international delivery there is a charge which you will see when you get to the checkout.
Recycled or reused packaging is used where possible. If you are ordering from stock it will arrive in a matter of days, otherwise we will aim to send your garment within 28 days. However, we are a small business and consequently cannot guarantee that the item will always be dispatched within 28 days but in normal business this will be the case.
Risk and Title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges where these are payable.
Price and Payment
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but may exclude delivery costs, which, if delivery costs are payable, will be added to the total amount due.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Our site contains a 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 order 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 of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, Switch/Maestro and Visa Delta Cards, Cheques and American Express. Payment will be made prior to cutting the tweed or if it is in stock, on delivery.
In the case of items in stock your payment will be processed when the item is dispatched. If the item is not in stock but made to order you will be charged prior to making the garment and the fabric has been assigned to your order and is available.
Our Refunds Policy
When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see Consumer Rights) we will process the refund due to you as soon as possible and, in any case, within 28 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 28 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
Any garments that have alterations such as extra hem allowance are at our discretion.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Intellectual Property
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section, below), including all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property mentioned or displayed on the Site are protected by national intellectual property and other laws and international treaty provisions. You must contact us if you wish to use any imagery or other Content elsewhere, and you are permitted to use the Content only as expressly authorised by us. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Content
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including image rights, sounds, music, video, audio or text on this Site. We make every effort to ensure that the information on this Site is accurate and complete. We do not promise that our Content is accurate, error-free. We do not promise that the functional aspects of the Site or our Content will be error free or that the Site, our Content or the server that makes it available are free of viruses or other harmful components. We recommend that all users of the Internet ensure they have up to date virus checking software installed.
No commercial use
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Third Party Sites
We may include hyperlinks on this Site to other websites or resources operated by parties other than Eloise Grey, including advertisers. We have not reviewed all of the sites linked to our Site and we are not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Our Liability
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
(c) For death or personal injury caused by our negligence;
(d) Under section 2(3) of the Consumer Protection Act 1987;
(e) For fraud or fraudulent misrepresentation; or
(f) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(g) loss of income or revenue
(h) loss of business
(i) loss of profits or contracts
(j) loss of anticipated savings
(k) loss of data
(l) loss of data, or
(m) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Our Liability specified above or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause.
Import Duty
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
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.
Notices
All notices given by you to us must be given to Eloise Grey at Holmwood House, Farnham Road, Elstead, Surrey GU8 6DB or contact@eloisegrey.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 Written Communication. 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.
Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
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.
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.
Events outside our Control
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).
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:
(n) Strikes, lock-outs or other industrial action.
(o) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(p) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(q) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(r) Impossibility of the use of public or private telecommunications networks.
(s) The acts, decrees, legislation, regulations or restrictions of any government.
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.
Waiver
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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the clause setting out Notices.
Access
We reserve our right to deny you access to the Site should you break any of these terms or behave in a less than respectful way to our employees and business partners.
Severability
If any of these Terms and Conditions or any provisions of a Contract 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.
Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
Our right to vary these Terms and Conditions
We have the right to revise and amend these terms and conditions 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 in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions 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 and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
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 the relevant United Kingdom law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the relevant courts of United Kingdom.
