TERMS OF BUSINESS
This website is operated by Emily Humphrey. Throughout the site, the terms “we”, “us” and “our” refer to Emily Humphrey. Emily Humphrey offers this website, including all information, tools and products available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Business” and agree to be bound by the following terms and conditions (“Terms of Business”, “Terms”), including those additional terms and conditions and policies referenced herein (including those in the FAQ part of the site). These Terms of Business apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Business 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 Business. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or purchase any products. If these Terms of Business are considered an offer, acceptance is expressly limited to these Terms of Business.
Any new features or tools which are added to the current store shall also be subject to the Terms of Business. You can review the most current version of the Terms of Business at any time on this page. We reserve the right to update, change or replace any part of these Terms of Business 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 store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Business, you represent that you are at least 18 years of age.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the product or the site (or any content of the site) without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY AND COMPLETENESS OF INFORMATION
The images on this site and the images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours and products accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the product. Your products may vary slightly from those images.
All products shown on the site are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available and we will not process your order if made.
SECTION 4 - PRICES AND PAYMENT
The prices of our products will be quoted on the site from time to time. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered into the system.
We reserve the right from time to time to modify the price of or discontinue a product without notice but this will not affect any order which has been confirmed.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product.
Prices that appear on the site are exclusive of any applicable VAT and exclude delivery charges unless otherwise stated.
All prices are correct at time of entering but may change due to inadvertent administrative errors or circumstances beyond our control.
You can only pay for the products using a valid debit or credit card. Payment for the products and all delivery charges is strictly in advance.
full details of delivery and cancellation/ refund details are set out in the FAQ section of our website.
SECTION 5 - PRODUCTS
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
- Feather filled pads: Pad filling is 100% duck feather and will flatten with use. It is easily restored with regular ‘plumping’.
- Printed Fabric care: As interior fabrics can be affected by light, we recommend that they are positioned away from direct sunlight and heat to protect them from fading and premature wear and aging. Washing As per internal washing labels on all cushion covers will prevent dirt & prematurely aging or fading of fabric.
- All fabrics supplied for ‘Upholstery purposes’ have passed a 20,000+ rub test & have been FR back-coated to meet required British standards for Domestic Upholstery use. All fabrics have also been treated for oil, soil & Water repellency to make them suitable for domestic use (copies of test reports can be obtained on request).
We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, due to variations in monitor display, we cannot guarantee that your display of colour will be accurate. If you are ordering meterage of a print, to avoid disappointment please contact us to order a swatch to check colours.
Every effort is made to ensure that the Products we supply correspond as closely as possible to the samples displayed online, but there may be variations as natural materials have unique characteristics. No responsibility can be accepted for these variations, which all add to the unique features of our Products including but not limited to the following:
• Fabric colours may vary slightly from one printing batch to another.
• There is a 3% allowance on fabric alignment.
• All measurements are approximate. Please allow +/- 2 cm variance on sizes stated.
• We reserve the right to make any change to the internal specifications of our Products or minor external changes where necessary.
- All of our Products are designed for domestic and private use.
- Products supplied under this agreement shall conform to the relevant specification and be of satisfactory quality and fit for the purpose they are designed for.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy (found in FAQ part of the site).
SECTION 7 - PERSONAL INFORMATION
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our site is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, laws or rules; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site, any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the site for violating any of the prohibited uses.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We only supply products for domestic and private use and you agree not to use the product for any commercial or re-sale purposes.
We warrant that the products shall confirm to the relevant specification and be free from material defects and shall be of satisfactory quality but this warranty shall not apply to any defect arising in the product from (a) fair wear and tear (b) wilful damage, abnormal storage, accident, negligence by you or a third party (c) if you fail to use the products in accordance with how they are designed to be used (d) any alteration or repair by you or by a third party or (e) any specification provided by you.
Nothing in these terms limit or exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of terms implied by section 12 of the Sale of Goods Act 1979; or (d) defective products under the Consumer Protection Act 1987.
Save for these instances we will under no circumstances whatever be liable for any (a) loss of profit, sales, business or revenue; (b) loss of business opportunity; (c) loss of goodwill; or (d) any indirect or consequential loss arising from your use of any products procured using the site.
SECTION 11 – EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform or delay in performance of our obligations under any contract with you that is caused by an event outside our control which shall mean any act or event beyond our reasonable control including without limitation strikes or other industrial action by third parties, civil commotion, terrorist attack, war, fire, explosion, storm, flood or other natural disaster or failure of public telecommunications network.
SECTION 12 – OTHER TERMS
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the products constitutes the entire agreement and understanding between you and us. We may transfer our rights and obligations under these terms to another organisation but this will not affect your rights or our obligations under these terms.
No other party shall have any rights to enforce any term of this contract whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
SECTION 13 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
SECTION 14 - CONTACT INFORMATION
Questions about the Terms of Business should be sent to us at firstname.lastname@example.org
For any enquiries please contact email@example.com