Terms & Conditions
Terms & Conditions
Please read these terms and conditions carefully before ordering any Products from our site. You (The Customer) should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
No order submitted by the Customer shall be deemed to be accepted by Emma Jayne Handmade until the Goods have been dispatched by Emma Jayne Handmade and a dispatch note issued via email to the Customer and payment has been made by the Customer in full for the required goods.
The Customer shall be responsible for ensuring the accuracy of any order submitted on the company’s website with special attention to delivery address, payment and purchased goods.
The price due for an item will be that which was displayed at the time of an order being made. Prices are liable to change at any time, but changes will not affect orders whereby an order confirmation has already been sent.
Unless otherwise stated, all prices are inclusive of VAT.
ORDERING & PAYMENT
Orders can be placed online by following the website procedure, by email, by phone or in person. Acceptance of an order is provided to the customer by an email from Emma Jayne Handmade. We accept payment by credit or debit card through the online secure Paypal service. Customers can also choose to pay by cheque, all options are made clear during the `Checkout` process. If payment is made by cheque (made payable to Emma Cank), no goods will be dispatched until the funds have been cleared.
Payment will not be deemed to have been received, until it is received in full, and cleared funds. Payment must be received, and not just sent, before any contract exists between us and you.
All Goods will remain the property of Emma Jayne Handmade until the goods are paid for in full. If your cardholder declines payment, whether before or after dispatch of the product to you, we will treat the order as being cancelled. If the goods have been dispatched we may:-
Require you to return the product to us in the original condition within 7 days; or
Require you to pay in full by satisfactory alternative means within 7 days.
DELIVERY & PRODUCT RETURNS
Refer to “Delivery & Returns” on menu.
If a customer wishes to supply us with an image to use in a design, it is the sole responsibility of the customer to ensure that any image that they present is copyright free or that the copyright is owned by the customer themselves. We will take no responsibility for any breach of copyright caused through replicating an image supplied by a customer.
All website design, text, graphic and designs of the products within the site are under strict copyright @Emma Jayne Handmade. You may not modify or replicate any item in any way without permission.
You are not permitted to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in this website.
Depending on the complexity, please note that any requests to alter your design proof may take a further 5 working days.
Please note that once you have signed-off your design proof via email we will not be able to make any further changes.
DATA PROTECTION & PRIVACY
We value customer privacy, working on a non-disclosure basis, and do not pass on customer information to third parties (except for the needs of product delivery). In order to process an order we have to collect your name, address, e-mail address and telephone number. If you would prefer not to receive information from Emma Jayne Handmade on promotions please email firstname.lastname@example.org.
We do retain the right to use images of the product designed for you as examples on the site. If you would prefer your product not to be displayed please contact us and we will remove it.
LIMITATION OF LIABILITY
Without prejudice to the other provisions in these terms and conditions, these provisions set out our total financial liability to you.
All times given for delivery are estimates only and we shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.
If at any time you breech any of the terms and conditions, described or referenced here, and we do not take any action at that time, we still maintain the right to take any required action at a later date, and time.
We reserve the right to unilaterally vary these terms and conditions from time to time. You should check and read the terms and conditions for any updates and/or amendments before placing any order with us. If you do not agree to any of the terms and conditions at any time you should not place any order with us.
All customer accounts are provided by us as a service to you, to enable easier use of our site. We reserve the right to amend, suspend, and cancel any accounts, at our discretion, without prior warning or notice. We will endeavour to provide explanation should any action be taken with regards to customer accounts, however we reserve our right not to provide this information at any time.
Gift vouchers cannot be used or redeemed anywhere except online via the Emma Jayne Handmade website.
Gift vouchers cannot be used or redeemed without the authorized claim code, cannot be redeemed for cash, cannot be replaced if they are lost or stolen, cannot be used or redeemed towards previous purchases, cannot be used or redeemed to purchase other gift certificates, cannot be resold, and are not refundable. No cash alternative is available.
Only one certificate code can be used per transaction. If you have more than one code you may place separate orders. Any purchase exceeding the value of a gift certificate code requires the use of a valid credit card to complete the transaction.
Emma Jayne Handmade gift voucher will expire after 12 months from the date of its purchase. At the end of that period any unused balance on the card will be forfeited.
THIRD PARTY LINKS
We may provide links to other website or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites (ii) the content of the websites, including without limitation any advertising, content, products, goods or other materials or services on or available from such websites or resources (iii) the use to which others make of these 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 advertising, content, products, goods or other materials or services available on such external websites or resources.
Emma Jayne Handmade shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Emma Jayne Handmade's obligations in relation to the Goods, where the delay or failure was due to any cause beyond Emma Jayne Handmade's reasonable control and without prejudice to the generality of the foregoing the following shall be regarded (without limitation) as causes beyond Emma Jayne Handmade's reasonable control:
- acts of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- Acts, restrictions, regulations, bye-laws or measures of any kind on the part of any governmental parliamentary or local authority;
- import or export regulations or embargoes;
- strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
- difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
- power failure or breakdown in machinery.
INSOLVENCY OF CUSTOMER
This Clause applies if:
- the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
- an encumbrancer takes possession, or a receiver is appointed over any of the property or assets of the Customer; or
- the Customer ceases or threatens to cease to carry on business; or
- the Company reasonably apprehends that any of the events mentioned above are about to occur in relation to the Customer and notifies the Customer accordingly.
- If this Clause applies then without prejudice to any other rights or remedies available to Emma Jayne Handmade, Emma Jayne Handmade shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered and not paid for the price of the Goods in question shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
EXPORT OR IMPORT LICENCES
The Customer shall be responsible for obtaining all licences for the export or import of the Goods and for obtaining any other licences required for the delivery or sale of the Goods in the country of destination.
Governing Law and Jurisdiction
We shall endeavour to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the laws of England and Wales and you and we shall both submit to the exclusive jurisdiction of the courts of England and Wales.