Terms of Use

Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. 

You must not:

(a)        republish material from this website (including republication on another website);

(b)        sell, rent or sub-license material from the website;

(c)        show any material from the website in public;

(d)        reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.

Limited warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Your warranties

You warrant to us that:

(a)        you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b)        the information provided in your order is accurate and complete; and

(c)        you will be able to accept delivery of the products.

Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

Products

The advertising of products on our website constitutes an “invitation to treat” - not a contractual offer.

The purchase of products via our website will be subject to our [terms of sale]. 

We will ask you to agree to our terms of sale each time you purchase a product or products via our website.

Price and payment

Prices for products are quoted on our website.  The website contains a large number of products and it is always possible for a price on the website to be incorrect.  We verify prices as part of our sale procedure so that a product's correct price will be stated when you pay for the product.

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order. 

The prices on the website include all applicable value added taxes.

Payment for all products must be made by any method detailed on the website from time to time.

Prices for products are liable to change at any time, but will not apply retrospectively to any orders already accepted or fulfilled.

Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 5 working days of the date of our order confirmation.  However, we cannot guarantee delivery by the relevant date.  We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 2 days of the later of receipt of payment and the date of our order confirmation.

Consumer returns and refunds policy

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant product or products (subject to the limitations set out below).

In order to cancel a contract in this way, you must give to us written notice of cancellation.

You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of goods made to your specifications or clearly personalised; or (iii) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them and fit for resale and you will be refunded in full (including the cost of sending the products to you).  However, you will be responsible for paying the cost of returning the product to us.

“Written notice” may be in the form of an email to info@eviedarling.com requesting the correct procedure to follow to help us ensure proper return and reimbursement.

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

Force majeure

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

 “Force majeure event” means:

(a)        any event which is beyond our reasonable control;

(b)        power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.  If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)        send you one or more formal warnings;

(b)        temporarily suspend your access to the website;

(c)        permanently prohibit you from accessing the website;

(d)        block computers using your IP address from accessing the website;

(e)        contact your internet services provider and request that they block your access to the website;

(f)        bring court proceedings against you for breach of contract or otherwise; and/or

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

Our details

The full name of our company is Eviedarling Limited

We are registered in England & Wales under registration number 07898162

Our registered address is Flat 11, 95 St Michaels Road, Bournemouth BH2 5DS 

Our VAT number is 127 4657 02

You can contact us by emailing admin@eviedarling.com