Terms and Conditions
This website is operated by Eleanor & Rose. Throughout the site, the terms “we”, “us”, “our” and “the business” refer to Eleanor & Rose. Eleanor & Rose makes this website available to you, including all the information, tools and services available on this site, subject to your acceptance of all the terms, policies and notices set out herein.
By visiting our site and/or purchasing any of our products, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including the additional terms and policies referenced herein and/or accessible via a hyperlink. These Terms of Service apply to all users of the site, including, without limitation, visitors, suppliers, customers, merchants and content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you must not access the website or use its services. If these Terms of Service are deemed an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current shop shall also be subject to the Terms of Service. You may review the most current version of these Terms of Service at any time on this page. We reserve the right to update, amend or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our shop is hosted by Shopify Inc. They provide us with the online shop platform that enables us to sell our products and services to you.
By accepting these Terms of Service, you represent that you are at least the age of legal majority in your state or province of residence, or that you are the age of legal majority in your state or province of residence and have given us your consent to allow any of your minor dependants to use this site.
You must not use our products for any illegal or unauthorised purpose, nor, in using the Service, violate any laws applicable in your jurisdiction (including, without limitation, copyright laws).
You must not transmit any viruses, worms or any other code of a destructive nature. Any breach or violation of any of the Terms will result in immediate termination of your Services.
We reserve the right to refuse service to anyone, for any reason and at any time.
You understand that your content (with the exception of credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) modifications to comply with the technical connection requirements of networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written authorisation.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms and Conditions.
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following terms are defined as follows:
- Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
- Consumer: a natural person who is not acting in the course of a trade, business or profession and who enters into a distance contract with the trader;
- Day: a calendar day;
- Open-ended transaction: a distance contract relating to a series of goods and/or services, where the obligation to deliver and/or purchase is spread over time;
- Durable medium: any means enabling the consumer or the trader to store information addressed personally to them, so as to be able to consult it at a later date and reproduce its content without alteration;
- Right of withdrawal: the consumer’s right to withdraw from the distance contract within the withdrawal period;
- Trader: the natural or legal person who offers goods and/or services to consumers at a distance;
- Distance contract: a contract concluded within the framework of a system organised by the trader for the distance sale of goods and/or services, using exclusively one or more means of distance communication until the contract is concluded;
- Means of distance communication: any means that can be used to conclude a contract without the consumer and the trader being physically present at the same place at the same time;
- Terms and Conditions: these Terms and Conditions of the trader.
ARTICLE 2 – IDENTITY OF THE TRADER
- Company name: Eleanor & Rose
- Customer service email: support@eleanorandrose.co.uk
- Website: eleanorandrose.co.uk
ARTICLE 3 – SCOPE
These General Terms and Conditions apply to all offers made by the trader, as well as to all distance contracts and orders placed between the trader and the consumer.
Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, prior to the conclusion of the distance contract, where these general terms and conditions may be consulted and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, the text of these general terms and conditions may be made available to the consumer in electronic form, in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it shall be specified, prior to the conclusion of the distance contract, where the general terms and conditions may be consulted in electronic form and that they will be sent to the consumer free of charge, by electronic means or by any other means, upon request.
Where specific terms and conditions relating to certain products or services apply in addition to these general terms and conditions, the second and third paragraphs shall also apply. In the event of a conflict between these terms and conditions, the consumer may always rely on the provision that is most favourable to them.
If one or more provisions of these general terms and conditions are, at any time, declared null and void or set aside in whole or in part, the contract and these terms and conditions shall remain in force for the remainder. The provision concerned shall be replaced, by mutual agreement between the parties, by a provision that comes as close as possible to the original intention.
Any situation not provided for in these general terms and conditions must be interpreted in accordance with the spirit of these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of these general terms and conditions must be interpreted in accordance with their spirit.
ARTICLE 4 – THE OFFER
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader reserves the right to amend and adapt the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer correctly. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the trader.
All images and specific data contained in the offer are indicative and shall not give rise to any compensation or termination of the contract. Product images are a true representation of the products offered, but the trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer contains clear information on the rights and obligations associated with accepting the offer, in particular:
- The price, excluding customs clearance charges and import VAT where applicable. Any such additional costs shall be borne by and at the risk of the customer. The postal and/or courier service may collect VAT (possibly together with customs clearance charges) from the recipient of the goods;
- Any shipping costs;
- The manner in which the contract will be concluded and the steps required for this purpose;
- An indication of whether or not the right of withdrawal applies;
- The terms of payment, delivery and performance of the contract;
- The period for accepting the offer, or the period during which the trader guarantees the price;
- Any costs associated with the use of a means of distance communication, if such costs are based on a rate different from the standard rate for the means of communication used;
- Whether or not the contract can be archived after its conclusion and, if so, how the consumer can access it;
- The manner in which the consumer can verify and, if necessary, correct the data provided prior to the conclusion of the contract;
- The languages in which, in addition to French, the contract may be concluded;
- The codes of conduct to which the trader has committed and the manner in which the consumer may consult them electronically;
- The minimum duration of the distance contract in the case of a fixed-term transaction.
Optional: available sizes, colours, type of materials.
ARTICLE 5 – THE CONTRACT
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions attached to it.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically.