The Emporium Consumer Terms Of Trade
Please read these terms of trade carefully before placing your order and retain a copy of these terms and your order for future reference.
For the purposes of this contract, the words ‘we’, ‘us’, and ‘our’ refer to The Emporium.
Format of Contract
These terms of sale apply to all goods supplied by EFS Direct Ltd (Company Registration No. 08141207) trading as The Emporium. The trading address for The Emporium is as follows:
The Emporium
Heathfield Way
Kings Heath
Northampton
NN5 7QY
Vat Reg. No. 142682807
Tel: 08458 739273
Any order placed by you for goods on this website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
We shall send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not a notification that we have accepted your order.
If we accept your order we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example(but without limitation) because the goods are unavailable) we will notify you by telephone or email.
In the event that, after we accept your order, we discover that the goods are unavailable or that there was a pricing error on our website in respect of goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions below.
The contract is subject to your right of cancellation detailed below.
We have the right to terminate the contract if the total price of your order is not received from you in cleared funds in accordance with the conditions below.
We may change these terms of trade without notice to you in relation to future sales.
Description and Price of Goods
The description and price of the goods you order will be as shown on The Emporium website at the time you place your order.
If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
If within 14 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available items in accordance with the condition below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.
Payment
Payment for the goods and delivery charges can be made by any method shown on The Emporium website at the time you place your order. Payment shall be due before the delivery date and time and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the supplier to terminate the contract immediately.
There will be no delivery until cleared funds are received.
Delivery
N.B PLEASE NOTE - WE ONLY DELIVER TO MAINLAND UK. PLEASE CONTACT US FOR A QUOTE ON DELIVERY OUTSIDE OF THE UK MAINLAND.
Our free standard delivery offer is only available to residence of the UK Mainland. This offer however is not available to the entire mainland UK. Please refer to our delivery charges table to establish if you are eligable for our standard delivery charges and free delivery offer.
The goods you order will be delivered to the address you specify when you place an order with us.
Orders will be processed and despatched as soon as possible provided all stock items are available. We aim to process and despatch orders within one working day of receiving the order (A working day is any day other than weekends and bank or public holidays.)
Same day despatch can only be guarenteed on orders placed before 12 noon on any given working day. Our working days are Monday to Friday excluding Bank Holidays. Orders placed between 12pm Friday and 12pm Monday will be despatched on Monday, unless it is a Bank Holiday in which case it will be despatched on the nearest working day.
Once your order has been despatched you should expect the delivery to be made within three to four working days if you have chosen our standard service and the following working day if you have chosen our express service. You should receive an email to inform you that your order has been despatched.
If delivery cannot be made to your address for reasons under our control we will inform you as soon as possible.
If delivery cannot be made to your address due to adverse weather preventing delivery to your address, we cannot be held responsible for the delay and will not refund your postage.
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under our control) then without prejudice to any other right or remedy available to us, we may:
- store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
- sell the goods at the best readily available obtainable price and account to you, after deducting all reasonable storage and selling expenses, for any proceeds received.
If you fail to take delivery because you have cancelled your contract under the distance selling regulations we shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to us. Should you fail to return the goods we reserves the right to deduct any direct costs incurred by us in retrieving the goods as a result as such failure.
If you receive a card from our courier stating that they have tried to make delivery. Please ensure that you contact them within 5 days to arrange collection/ alternative delivery. If you fail to do this and your order is returned to us we reserve the right to charge you for any further delivery costs incured by us to deliver your order to you. If at this point you decide to cancel your order, we reserve the right to only refund you the original order value minus the original cost to us of delivery, as we have incured costs in trying to deliver items to you.
Every effort shall be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case we will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
Ownership and Risk
The goods are at your risk from the time of delivery.
Ownership of the goods shall not pass to you until we have received in full cleared funds of all sums due in respect of the goods, and all other sums which are or which become due to us from you on any account.
We shall be entitled to recover payment for the goods even though ownership of any of the goods has not yet passed from us.
Cancellations
You have the right to cancel the contract at any time up to 7 working days after you receive the goods (see below).
In order to cancel the contract you must give written notice to us by hand, post, email, or through our website, giving details of the goods ordered and where appropriate their delivery. Notification by phone is not sufficient.
Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned to the address stated above. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. On reciept of the goods we shall refund your original payment in full.
In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with the conditions below either collect the goods from you or ask you to return the goods to us in accordance with our returns procedure.
Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
Except in the case of faulty or misdescribed goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods.
Returns/ Faulty Items
Please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our returns department. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or declined we will hold the item(s) until full payment has been made for the return carriage.
Any items that you return to us are at your own risk, therefore we strongly advise all our customers take reasonable care when returning any items to us, by ensuring the goods are correctly addressed, adequately packed and carried by a reputable carrier who offer insurance for the items returned.
PLEASE NOTE: WE WILL REQUIRE PROOF OF RETURN, If ANY ISSUES ARE ENCOUNTERED DURING THE RETURNS PROCESS
If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit) you must notify us within 28 calendar days of receipt of the goods and return the goods. Once we have verified the fault, we will issue a replacement or a full refund via your original payment method and reimburse your reasonable return carriage costs.
Disclaimers
Pyrex is a trademark of Corning Incorporated licensed by Arc International Cookware SAS, used by permission.