Eminent Europe – Terms & Conditions for Online Sales
Date of Last Update: 03.02.2017
Welcome to the Eminent Europe Limited website (the « Site »).
By placing an order with Eminent Europe Limited (« Eminent », « we », « us » or « our ») for products which are sold on the Site (« Products ») you will be deemed to have read, understood and agreed to these Terms & Conditions (« T&Cs »). Please read these T&Cs carefully and, if you are unhappy with any aspect, you should contact one of our customer service advisors before placing an order with us.
We amend these T&Cs from time to time. Please check the top of this page to see when these T&Cs were last updated. Every time you order Products from us, the T&Cs in force at the time of your order will apply to the contract between you and us. If we have to revise these T&Cs and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.
1. ABOUT EMINENT
This Site is operated in the United Kingdom and all sales on the Site are made by Eminent Europe Limited which is a company incorporated in England and Wales with company registration number 10585796 and whose registered office is located at C/O Bryan Cave, 88 Wood Street, London, EC2V 7AJ, United Kingdom.
You have chosen to visit the Site in the United Kingdom in order to purchase our Products. As a consequence, irrespective of your place of residence, any purchase you make will occur in the United Kingdom and will be governed by these T&C’s and the laws of England and Wales. Any use of currencies other than the UK pound sterling are purely for your ease of reference.
2. OTHER POLICIES
The following additional policies (which can be accessed by clicking on the links below) also form part of these T&Cs and should be read carefully before placing an order:
In order to make a purchase through the Site or to use the services or features made available to you on the Site you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and e-mail address, which is true, accurate, current and complete in all respects. Should any of your registration information change in the future you are required to amend your personal online account immediately. We may change registration requirements from time to time. Furthermore, when ordering Products, 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.
The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
4. PRICING POLICY
We have taken great care in the preparation of the content of this Site, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the Products or the prices as advertised on this Site. All prices are displayed inclusive of VAT and exclusive of delivery charges. The total cost of your order is the price of the Products ordered plus VAT at the current rate and plus the delivery charges as set out during the checkout process.
We do not charge your credit or debit card until we dispatch your order. Items in your online Shopping Cart will reflect the most recent price displayed on the Product’s detail page.
All Products are subject to availability. Validly stated prices on our Site remain in effect for so long as the Products are available or as otherwise stated on our Site. We will inform you as soon as possible if the Products you have ordered are not available.
6. ONLINE ORDERING PROCESS
The ordering process consists of following steps:
a) you add the Products which you wish to purchase to your Shopping Cart;
b) you select your preferred delivery method;
c) you provide an address for delivery, a billing address, and any requested payment information;
d) you will be asked to read carefully and then accept the T&Cs;
e) before submitting your order you will have a final opportunity to review the Products to be purchased and their prices (including any additional charges and fees such as delivery costs) and all of the information you have submitted; and
f) you will click ‘Submit’ to finalise your order.
7. ORDERING ERRORS
You are able to correct errors on your order up to the point at which you click on ‘submit order’ on the final page of our ordering process.
8. ACKNOWLEDGEMENT AND ACCEPTANCE OF YOUR ORDER
We will notify you by e-mail as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by e-mail or telephone advising you of this. We will confirm acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (« Dispatch Confirmation »). A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) (« Contract »). If you require any information concerning your order please e-mail us at firstname.lastname@example.org quoting your order number. We may not accept your order if a Product you have ordered is out of stock, if we have identified a Product or pricing error, or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
Deliveries can only be made within Europe and Russia. Not all of our delivery options are available to all areas of Europe and Russia. If you have a question about delivery outside of Europe and Russia we will advise you if you contact our customer services team at email@example.com.
We will deliver the Products in accordance with the delivery option selected by you. Whenever referred to, working days exclude Saturday, Sunday and EU public holidays. Upon delivery of the Products to you, we will provide you with sufficient information to enable you to exercise your statutory right of cancellation and to address any intended cancellation to the correct addressee or to return or exchange your Products. For further information, please see the Your cancellation right and the Your other statutory rights to return Products under the Consumer Rights Act 2015 sections within these T&Cs.
When offered, free delivery applies to Standard UK delivery only (next day, express and international delivery options are excluded from this offer). We will endeavour to deliver orders within 3-8 working days (however, such timescales are not guaranteed delivery times and should not be relied upon).
We are not responsible for delivery delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
You should inspect the Products upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us otherwise and return the Products in accordance with your cancellation rights or other statutory rights (as referred to below).
Payment can be made through any of the following methods: Visa, Mastercard and American Express. Payment will be debited and cleared from your account at the point at which your order is dispatched. You confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to us, we will not be liable for any delay or non-delivery of Products. We retain the legal ownership of all Products until full payment has been made by you and received by us and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon delivery.
12. YOUR CANCELLATION RIGHTS
12.1 As you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 from the date of the Dispatch Confirmation until the date which is 14 days after you receive the Products. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
12.2 Your right to return goods does not apply to goods (i) made to your specification; or (ii) which have been clearly personalised; or (iii) which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
12.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form which can be accessed by clicking here, or by e-mailing us at firstname.lastname@example.org. In any such e-mail, you must include details of your order, including your order number, to enable us to identify it. Your cancellation is effective from the date you send us the e-mail to us, or the date on which we receive the Cancellation Form.
12.4 If you cancel your Contract we will:
(a) Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a store. If we refund you the price paid before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you will be liable to pay to us an appropriate amount.
(b) Refund any delivery costs you have paid, although the maximum refund will be the cost of delivery by the least expensive delivery method we offer (as permitted by law).
(c) Make any refund due to you as soon as possible and in any event within 14 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.
(d) Refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Products we may refund you in vouchers.
(e) Exchanges. If you indicate on your Cancellation Form that you would rather receive an exchange than a refund then this will be processed within 7 working days of receiving your returned goods and will be delivered via standard delivery. In these circumstances, a new Contract will be deemed to have been formed between us in relation to the new Product you have selected (and your various rights of cancellation and return as set out herein will apply to that Product). In the event that we are not able to satisfy your request for an exchange then we will refund you the cost of the Products and the original Contract between us will be cancelled.
12.5 If a Product has been dispatched to you or you have received it before you decide to cancel your Contract:
(a) you must return it to us in accordance with the terms of our Returns Policy [hyperlink] without undue delay and in any event no later than 14 days after the day on which you let us know that you wish to cancel the Contract;
(b) Products should be returned to either of the following addresses –
For the UK:
St C Travel Goods Ltd
26 Star Rd
For Continental Europe:
TSK Transport-Service Karl-Heinz Küppers GmbH
D – 41379 Brüggen Bracht
(c) unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us;
(d) if sending by post, we recommend that you obtain proof of postage as we do not accept responsibility for items lost in transit; and
(e) if you cancel your order but do not return such goods to us within 14 working days of notifying us of cancellation, we shall be entitled to withhold payment of any refund.
13. YOUR OTHER STATUTORY RIGHTS TO RETURN PRODUCTS UNDER THE CONSUMER RIGHTS ACT 2015
13.1 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights (which are summarised in general terms below) are not affected by your right of return and refund in clause 12 (above) or anything else in these T&Cs.
13.2 The Consumer Rights Act 2015 states that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you are entitled to an immediate refund.
(b) Up to 6 months: if your goods cannot be repaired or replaced, then you are entitled to a full refund in most cases.
(c) After 6 months (depending on the type of Product): if your goods do not last a reasonable length of time then you may be entitled to some money back.
14. PRODUCTS UNDER WARRANTY
All Products sold on the Site are covered by a 3 year commercial warranty against faulty workmanship and materials, the specific terms of which are included on the warranty card received with your purchased Products. For further information, please refer to the warranty card or contact a member of our customer service team at email@example.com.
15. OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these T&Cs we will be responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. 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 (for example, if you discussed it with us during the sales process).
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 13; and for defective Products under the Consumer Protection Act 1987.
15.3 We only supply Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. QUESTIONS AND COMPLAINTS
If you have any questions about these T&Cs or if you wish to contact us to complain about any matter in regard to the Products, you can e-mail us at firstname.lastname@example.org or write to us at the following address:
TSK Transport-Service Karl-Heinz Küppers GmbH
D – 41379 Brüggen Bracht
If after contacting us and following our complaints procedure you still feel that your complaint has not been resolved satisfactorily, you may access the EU Commission’s Online Dispute Resolution platform.
17. TRANSFER OF RIGHTS
We may transfer our rights and obligations under these T&Cs to another organisation and we will always notify you in writing if this happens (but this will not affect your rights or our obligations under these T&Cs). You may only transfer your rights or your obligations under these T&Cs to another person if we agree in writing.
18. LAW, JURISDICTION AND LANGUAGE
This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.