Welcome to the Emmett website terms and conditions for use. These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Products you agree to be bound by the Terms set out below. If you do not agree to be bound by these terms and conditions please do not use our Website.
Before you place an order with us, if you have any questions relating to these terms and conditions please contact our Customer Service Representatives by email at email@example.com, or call us on 0207 3519183. We are open between 10am-6pm. Please note that all calls to our Customer Services Representatives will be charged at the local rate (BT users only, other network charges may vary). Inbound and outbound calls may be recorded for quality monitoring and training purposes.
You should print a copy of these Terms for future reference.
Personal Information " means the details provided by you on registration
Product means a product displayed for sale on the Website
Serviced Countries means countries within the European Economic Area, Australia, Bahamas, Bermuda, Canada, China, Hong Kong, India, Israel, Japan, Kenya, New Zealand, Singapore, South Africa, UAE, USA and Virgin Islands.
We/us" means Emmett Shirts Ltd. 380 Kings Road London SW3 5UZ
Website" means the website located at www.emmettlondon.com or any subsequent URL which may replace it
You" means a user of this Website
You are provided with access to this Website in accordance with these Terms and any orders placed by you must be placed strictly in accordance with these Terms. Our Website is only intended for use by people resident in the Serviced Countries. We do not accept orders from individuals outside those countries.
2.2.1 By registering as a user of our Website, you warrant that:
(a) the Personal Information which you provide when you register as a user is true, accurate, current and complete in all respects; and
(b) you will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by email,
or calling us on 0207 3517529 between 10am-6pm.
2.2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
We reserve the right to:
(a) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(b) change these Terms from time to time in accordance with clause 17.9 Our Right to Vary these Terms. If you do not agree to such amended terms, you must stop using the Website. If you continue to use the Website you will be deemed to have accepted the amended terms.
By placing an order through our Website, you warrant that you are:
(a) legally capable of entering into binding contracts
(b) at least 18 years old
(c) resident in one of the Serviced Countries; and
(d) accessing our Website from that country.
3.2.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
3.2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.2.3 Non-acceptance of an order may be a result of one of the following:
- The Product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or Product description error.
- You not meeting the eligibility to order criteria set out in these Terms.
3.2.4 If you do require any information regarding orders you have placed with us please call us on 02073517529 or write to us at the following address:
Customer Service Manager Emmett Shirts Ltd. Emmett Shirts Ltd. 380 Kings Road London SW3 5UZ
6.4.1 If you order Products from our Website 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.
6.4.2 In the interests of fairness and consistency, Emmett Shirts Ltd. has a policy of charging all customers the same throughout the world, so that the price paid in pounds sterling is the same wherever customers live (except for the cost of delivery). None of the significant additional administrative costs for overseas orders are passed on to customers. Equally, an effective reduction in prices through reclaiming VAT is not available.
6.4.3 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.
6.5 All transaction information passed between the website and Sage Pay’s systems is encrypted using 128-bit SSL certificates.
(a) because you have cancelled the Contract between us within the 14 day period above we will process the refund due to you as soon as possible and, in any case, within 30 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 have notified us in accordance with clause 17.4 that you do not agree to any change in these terms and conditions or in any of our policies, or 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 30 days of the day we confirmed to you via email 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.
(a) for death or personal injury caused by our negligence
(b) under section 2(3) of the Consumer Protection Act 1987
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 15.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 15.1 or clause 15.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 15.5.
(a) strikes, lock-outs or other industrial action
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government
17.1.1 Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website are owned by us or our licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited.
17.1.2 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or Website without our prior written permission.
17.1.3 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of Product(s)) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
17.1.4 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
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 email 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.
All notices given by you to us must be given to Emmett Shirts Ltd. 380 Kings Road London SW3 5UZ. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 17.3 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
17.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
17.5.2 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.
17.5.3 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.
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
We have the right to revise and amend these terms and conditions from time to time. 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 Dispatch 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).
These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.