Terms & Conditions
Effective: July 06, 2011
Please read these Terms and Conditions carefully before using this website
Please read these Terms and Conditions carefully before using this website
This website ("the Site") is owned and operated by Ellison Europe Limited (referred to herein as "Ellison", "we" ,"us" or "our"). Access to and use of the Site and the sale and purchase of items from the Site are governed by the terms and conditions set out below (the "Terms and Conditions"). By using or purchasing items from the Site you hereby signify your assent to and acceptance of the Terms and Conditions. If you do not agree to the Terms and Conditions, do not use or purchase items from the Site.
1. General1.1 You may browse the Site for information and entertainment but may not modify, transmit, or revise any of the Site content without our written permission.
1.2 Our site is only intended for use by people resident in the countries which are members of the European Union plus Switzerland and Norway (the “Serviced Countries”). We do not accept orders from individuals outside those countries. By placing an order through the Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
(c) you are resident in one of the Serviced Countries; and
(d) you are accessing our site from that country.
1.3 You must not transmit through or to the Site any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
1.4 The Terms and Conditions may be updated and amended at any time and each time you access the Site the new Terms and Conditions will govern. In the event that we do update or amend the Terms and Conditions, we will notify you of any such change, modification, addition, or deletion by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of any such change, modification, addition, or deletion on the Site. Any such change, modification, addition, or deletion will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of such notice on this Site. If you do not agree to any permanent change you may discontinue your Site use and/or item purchases.
1.5 If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
2. Electronic CommunicationsWhen you visit the Site or send electronic mail to us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Please note that at all times you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice and/or communications described above, our dispatch of the e-mail containing such notice and/or communication will nonetheless constitute effective notice of the changes, deletions, modifications, additions, or deletion to the Terms and Conditions.
4. SubmissionsWe encourage Site users to share with us their comments, suggestions, concepts, observations and ideas ("Ideas") about our Site, its products, and their commercial or educational use in general. By using this Site, however, you agree to grant, unless we indicate otherwise, a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works distribute and display such Ideas throughout the world in any media. You agree to grant us the right to use the name that you submit in connection with such Ideas, if we choose. You represent and warrant that you own or otherwise control all of the rights to the Ideas that you submit; that the Ideas are accurate; that use of the Ideas you supply do not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from Ideas you supply.
5. Proprietary PropertyWe own various proprietary and intellectual property rights to materials on this Site, including but not limited to copyrights and trademarks ("Content"). No Content owned or licensed by us may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, resold, or modified, from this Site, without prior, written permission from us, except that you may download one copy of the Content for your personal or non-commercial, home use and copies of any Content must clearly display the appropriate proprietary notices. Please review the Copyrights, Trademarks & Patents page at this Site, which also governs your visit to this Site.
6. Unauthorised Site UseWe prohibit the following activities without our prior, written approval: linking; framing; using any robot, spider, other automatic device, or manual process to monitor or copy any part of the Site, Ideas or Content; any other interference with technological measures designed to control access to use of the Site or its contents; interfering or attempting to interfere with the proper operation of the Site and its activities; taking any action that might impose an unreasonable or disproportionately large load on the Site's technical infrastructure. Please contact us for approval enquiries.
7. Disclaimer of WarrantiesThis Site and all its contents and services are provided on an "as is" basis without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, and fitness for a particular purpose and non-infringement. We do not warrant or guarantee that the contents of the Site will be accurate, up-to-date, or otherwise reliable. We do not warrant that this Site, its servers, or e-mail sent from us are free from viruses or other harmful components.
The foregoing does not limit any manufacturer's express warranty provided with any item purchased on the Site. Please review the warranties provided in respect of Ellison products. Non-Ellison products are sold by this Site "as is." Consult the manufacturer for its express warranty provisions. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. Your statutory customer rights are not affected.
8. Terms and Conditions of BusinessOur Acceptance of Orders
We will sell to you and you will purchase from us products subject to the Terms and Conditions of Business set out below. The contract in respect to the products supplied by us to you comes into existence in accordance with these terms and conditions. For the avoidance of doubt, receipt of an order via our Site does not constitute acceptance. We will e-mail you prior to delivery to advise you of our acceptance of your order. That acceptance will be deemed complete and to have been effectively communicated to you at the time that we send the e-mail to you (whether or not you receive that e-mail). Only our communication of our acceptance of your order to you will engage us, in accordance with these terms and conditions of business. Orders from outside of the European Union will not be accepted except for orders from Switzerland and Norway which will be accepted.
All prices are quoted in UK Pounds Sterling (£) and the European Euro (€) and are inclusive of Value-Added Tax (VAT), unless otherwise specified. All prices are exclusive of delivery costs. We reserve the right to change prices listed without notice. Prices are correct at the time of order only (except in the case of obvious error). All orders for items are subject to availability.
The Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a order confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
Please note that any promotional pricing is exclusive to the Site and is only valid at the time of ordering (except in the case of obvious error). All orders for promotional items are subject to stock availability.
If you order products from the Site 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.
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.
Payment must be made only by major credit, direct debit or debit cards as listed: VISA and Master Card. Payment must be received by us before products are dispatched for delivery.
Transfer of Ownership
We will retain ownership of the products until full payment has been made by you and has been received by us.
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. This means that all risk of loss and title for such items pass to you upon our delivery to the carrier.
Your Acceptance of Products
You will inspect the products within a reasonable time after their receipt and you will be deemed to have accepted the products unless within thirty (30) days after their receipt thereof you notify us in writing that the products are rejected (this does not however affect your statutory rights). If no such action is taken, we will consider the products as being accepted. In cases where the rejection is due to an incorrect order from you or to dissatisfaction, you are entitled to a full refund less the delivery charges incurred by us.
Product Availability, Delivery and Fulfilment
All items are subject to availability. We may notify you if an item is out of stock by indicating such during the ordering process.
Except as stated herein, we offer delivery services to the European Union, Switzerland and Norway. For deliveries outside these areas and the United States, please contact us. We will be happy to help provide delivery options for you.
The charges that apply to cover postage, delivery and packing are subject to change without notice.
If you feel you need to return or exchange an item based upon the guidelines below, we will try our best to accommodate you. Unless being returned under the terms of the appropriate manufacturer’s warranty, you may return your purchases with the original receipt and original packaging within twenty eight (28) calendar days of the date of purchase. If the item is returned unopened, in the original box, we will exchange it or offer a credit note to the value minus shipping charges. It is your right to cancel your order within 7 working days of receipt of the goods by notifying us of your intentions. Please notify us by e-mail.
If you wish return an item, please click here to view the Returns policy and follow the instructions.
Once we receive your item, your account will then be credited. To receive a replacement for your items, you must place a new order online.
9. MiscellaneousLimitation of Liability
We will not be liable for any damages of any kind arising from the use of the Site (including without limitation, any such loss arising out of or in connection with any order placed on the Site, whether or not accepted by us), including but not limited to lost profits or any special, incidental, indirect, consequential or reliance damages arising out of or in connection with the Site, our services or this agreement, even if we have been advised of the possibility of such damages..
We do not exclude or limit our liability or the liability of any other person for death or personal injury resulting from our or their negligence or for fraudulent misrepresentation.
Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders place on the Site, neither we nor any of our agents, affiliates, directors, employees or other representative will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the Site.
You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs, expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the Site immediately if we consider that you have breached these Terms and Conditions.
These terms are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of the Site and destroying all Content obtained from the Site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise.
If any of these Terms and Conditions or any provisions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Contracts for the purchase of products through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.