Terms and Conditions
Terms and Conditions
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with
1. We, Us: Cirencester Emporium, an agent for the Seller
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods or services, you agree to be bound by these Terms and Conditions
You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. You, Consumer; The person purchasing goods from our site Cirencester Emporium
4. Contract ; means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website www.cirencesteremporium.co.uk on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods that appear on the Website are subject to availability.
15. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
16. The description of the Goods in our website does not constitute a contractual offer to sell the Goods on behalf of our client. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
17 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
18. A Contract between you and the seller will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order confirmation
19. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
20. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract
21. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer.
Price and Payment
22. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
23. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
24. We do not generally deliver to addresses outside of United Kingdom If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes
25. If you or your nominees fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of redelivering them.
26 The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
27. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
Cancellations and returns
28. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability, however please note we aim to dispatch within 2 days of the order being processed.
29. We reserve the right to cancel the contract if :
We have insufficient stock to deliver the goods you have ordered
We do not deliver to your area
One or more of your order was listed at an incorrect price due to a typographical error
We will credit your card back as soon as possible
We will not be obliged to offer any additional compensation for disappointment suffered
30. Goods that sold are pre-owned (used, as new) and are likely to have been worn/used at least once. As such, they may not be in perfect condition, though we will endeavour to accurately describe the condition of all goods on the site.
If the goods are not as described on the site or have a fault not described and you wish to return them, or you wish to return the goods for any reason other than the goods not being as described on our website
You must contact us immediately on receipt of the goods for a returns code and send the goods back to our contact address as the agent at your own cost and risk within 14 days of receiving them (collection or signing for them).
New items from business sellers
31. We as an agent we will provide the above return procedure as set out above in (27).
All other cancellation and returns will be directly with the supplier, Please contact us in the first instance and we can redirect your query to them as they have their own terms and conditions.
Personalised and custom items are exempt from return and cancellation as these are made especially for you.
32 We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, and be fit for any purpose set out in the Contract; an conform to their description.
33 Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
For the purposes of these Terms and Conditions:
'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
'GDPR' means the General Data Protection Regulation (EU) 2016/679.
'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing Goods to you.
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: firstname.lastname@example.org.
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.