Terms & Conditions
1. The Contract
The contract between us Unless sold on account we must receive payment of the whole of the price for the goods that you order before your order can be accepted. We will confirm your order has been received by sending an email to you at the email address provided in your order form, this will also detail a despatch date from us. Acceptance will be deemed to take place upon despatch of your order. Our acceptance of your order brings into existence a legally binding contract between us. Account holders will be required to make full payment for their goods within 28 days of receipt.
2. Price
2.1 The price payable for your goods that you order are set out in our website.
2.2 You will be required to pay a delivery charge if your goods weigh less than 9.2kg, charges are detailed on our website.
2.3 You will be required to pay a delivery charge if your order is being delivered to the Highlands and Islands or to any country outside of the United Kingdom.
2.4 Whilst we try to ensure that all prices displayed on our website are accurate, errors can occur. In the event that we discover an error, we will inform you as soon as possible to confirm whether you still wish to purchase the item or cancel. If we are unable to contact you we will treat the order as cancelled.
3. Products
3.1 Every effort is made to describe products correctly, however we reserve the right to change ingredients, manufacturing processes and other specifications without notice.
4. Payment
4.1 You undertake that the details you provide to us for the purpose of ordering or purchasing goods are correct.
4.2 Orders must be paid for before dispatch, unfortunately we cannot send items cash on delivery.
5. Registration
5.1 You must choose a password on completion of your registration, your username will be your email address. You are responsible for all actions taken under that username and password and shall only use the site under your own username and password. You must take every opportunity to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You must not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
5.2 If there are changes to the details supplied by you it is your responsibility to inform Ellmore Clothing as soon as possible by updating "Your account" on the website.
6. Right for you to cancel your contract
6.1 If there is a fault with items have purchased from us you are welcome to return it within 14 days of purchase. We can only refund unworn garment returned to us within this time. Items are made to order and pourchasing an incorrect size does not constitute a garment fault.
6.2 This guarantee is in addition to your legal right under the Distance Selling regulations which provide you with the right to cancel without reason, at any time up to the end of the seventh working day you placed the order.
6.3 Any goods returned must be unopened / unused and in their original packaging.
6.4 You will be required to send the goods back at your own cost and risk.
6.5 For security reasons Paypal payments will be refunded to the same Paypal account.
7. Cancellation by us
7.1 We reserve the right to cancel the contract between us if;
7.1.1 we have insufficient stock to deliver the goods you have ordered
7.1.2 one or more of the goods you have ordered was listed at an incorrect price due to a mistake by us including a typographical error, or an error in the pricing information received by us from our suppliers.
7.2 If we do cancel your contract we will notify you by email and re-credit to your account any sum received by us as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for consequential loss, inconvenience or disappointment suffered
8. Delivery of goods to you
8.1 We will deliver the goods you ordered by the address you give us for delivery when you place your order.
8.2 Lead time for made to order items will be confirmed within one working day of being accepted unless communicated otherwise by email.
8.3 The contract we use with our courier is for orders to be delivered within 3 working days of dispatch.
8.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
9. Liability
9.1 If the goods we deliver to you are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability unless you notify us of the problem within 10 working days of the delivery of goods in question.
9.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem within 40 days of the date in which you ordered the goods.
9.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expense howsoever arising out of any problem. We shall have no liability to pay any money to you by way of compensation other than to refund the amount paid by you.
10. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so, or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control, including without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, inclement weather, flood, fir, explosion or accident.
11. Invalidity
If any part of these terms and conditions is unenforceable (including any provisions in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy. Please see our website or ask for more details.
13. Third Party Rights
Except for our directors, employees, agents or representatives, a person who is not party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not effect any right or remedy of a third party that exists or is available apart from this act.
14. Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
15. Registered Office
22 High Street, Washingborough, Lincoln, LN4 1BG
Returns Policy
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Returns must be made within 14 days of receipt of order. Made to order items that have been ordered in the correct size are not eligible for return or exchange.
There are certain situations where only partial refunds are granted: (if applicable)
* Any item not in its original condition is damaged or missing parts for reasons not due to our error.
* Any item that is returned more than 30 days after delivery
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. Made to order items that have been ordered in the correct size are not eligible for refunds.
If you are approved, then your refund will be processed, and a refund will be paid within 7 days.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at sales@ellmoreclothing.com and send your item to: Ellmore Clothing, 22 High Street, Washingborough, Lincoln, LN4 1BG
Shipping
To return your product, you should mail your product along with original invoice to: Ellmore Clothing, 22 High Street, Washingborough, Lincoln, LN4 1BG
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
We strongly recommend that you return items via registered post or recorded mail so that you have proof of despatch in case an item is lost, as without this we cannot accept responsibility for packages that fail to reach us.
Faulty Goods
When returning faulty items or items we have sent by mistake, please return them to us in their original packaging. We will exchange or refund in full and cover the cost of your postage providing a valid receipt is enclosed.
Please note that items that are returned to us through wear and tear are not classed as faulty and will be returned to you.
This returns policy does not affect your statutory rights.