This agreement applies as between you, the User of this Website and This Company Limited (“This Company”).
Your agreement to comply with and be bound by Clauses 1, 2, 5–12 and 16–26 of these Terms and Conditions
is deemed to occur upon your first use of the Website. Clauses 3, 4, and 13–15 apply only to the sale of Goods.
If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending
an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account”
Means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website.
“Carrier”
Means any third party responsible for transporting purchased Goods from our Premises to customers.
“Content”
Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
“Goods”
Means any products that This Company advertises and/or makes available for sale through this Website.
“Service”
Means collectively any online facilities, tools, services or information that This Company makes available through the Website either now or in the future.
“Payment Information”
Means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes.
“Premises”
Means Our place of business located at 14 Apollo Studios, Charlton Kings Road, London, NW5 2SB, United Kingdom.
“System”
Means any online communications infrastructure that This Company makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
“User” / “Users”
Means any third party that accesses the Website and is not employed by This Company and acting in the course of their employment.
“Website”
Means the website that you are currently using (www.escentric.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
“We/Us/Our”
Means This Company Limited, a company registered in England under company number 06872147 with its registered address at 14 Apollo Studios, Charlton Kings Road, London, NW5 2SB, United Kingdom.
Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
Business Customers
These Terms and Conditions do not apply to customers buying Goods in the course of business.
International Customers
We do not take orders for Goods from outside the United Kingdom.
Intellectual Property
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, is the property of This Company, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of This Company or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page (www.escentric.com) without Our prior permission. Deep linking (links to specific pages within the site) requires Our express written permission. To find out more please contact us by email at support@escentric.com.
Use of Communications Facilities
When using System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
You must not use obscene or vulgar language.
You must not submit unlawful or otherwise objectionable Content, including abusive, threatening, harassing, defamatory, ageist, sexist or racist material.
You must not submit Content intended to promote or incite violence.
It is advised that submissions are made using the English language.
The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws.
You must not impersonate other people, particularly employees or representatives of This Company or Our affiliates.
You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
This Company reserves the right to monitor any and all communications made to Us or using Our System.
This Company may retain copies of any and all communications made to Us or using Our System.
Any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information.
Accounts
In order to purchase Goods on this Website and to use certain other parts of the System, you are required to create an Account which will contain personal details and Payment Information.
All information you submit must be accurate and truthful.
You have permission to submit Payment Information where required.
You will keep this information accurate and up-to-date.
Your creation of an Account constitutes affirmation of your representation and warranty.
Do not share your Account details, particularly your password. We accept no liability for losses arising from shared credentials.
If you believe your Account details have been compromised, contact us immediately to suspend your Account and cancel any unauthorised purchases.
When choosing your username, you must adhere to Clause 10 above.
Termination and Cancellation of Accounts
Either This Company or you may terminate your Account. If We terminate, you will be notified by email with an explanation provided where appropriate.
If We terminate your Account, pending purchases will be cancelled and not dispatched.
We reserve the right to cancel purchases for any reason prior to processing payment and dispatch.
If purchases are cancelled prior to dispatch, refunds will be issued within 14 calendar days.
If you terminate your Account, any non-dispatched purchases will be refunded within 14 calendar days.
Goods, Pricing and Availability
Whilst every reasonable effort is made to ensure all descriptions correspond to actual Goods, We are not responsible for minor variations. Please refer to Clause 15.1 for incorrect Goods.
Where appropriate, you may be required to select size, type or quantity when ordering.
We neither represent nor warrant that Goods will be available. Stock indications may not reflect recent sales.
All pricing information is correct at the time of publication. We reserve the right to change prices and offers as necessary.
If prices change between order and payment, the original price will be honoured.
All prices include VAT. This Company’s VAT number is 877 279 463.
Discovery Set Builder
After purchasing a Discovery Set Builder, you’ll receive an email with a unique discount code to redeem against your next order. You must be signed up to our newsletter to receive the code. The code is valid for 30 days from issue and redeemable only at escentric.com. One use per customer. Cannot be combined with other offers. We reserve the right to modify or withdraw the offer at any time.
Ordering and Payment
No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our discretion, accept.
Our acceptance is indicated by sending you an order confirmation email. Only once this email is sent will a legally binding contract be formed.
Order confirmations include:
Confirmation of the Goods ordered;
Itemised pricing including taxes, delivery charges and any other applicable costs;
Estimated delivery date(s).
Payment must be made via the methods provided on the Website at the time of order.
All payments are handled securely through our chosen payment processors. We do not store or retain your payment card details.
Delivery
This Company will notify you by email when your Goods are to be dispatched and provide estimated delivery dates.
If This Company receives no communication from you regarding non-delivery within 14 days of dispatch, the Goods shall be deemed to have been received in full working order.
Delivery times may vary according to availability and are subject to delays resulting from postal delays or force majeure, for which We are not responsible.
Returns Policy
This Company aims to always provide high-quality Goods. If you receive Goods that do not match your order, are faulty, or damaged, you should contact Us within 14 calendar days to arrange a return and replacement or refund.
We do not accept returns for Goods that have been opened, used, or unsealed after delivery, unless they are faulty.
All Goods must be returned in their original packaging, with proof of purchase.
Refunds will be issued within 14 calendar days of receiving returned Goods.
Privacy
Use of the Website is also governed by Our Privacy Policy, which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the appropriate link on the Website.
Disclaimers
This Company makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, or that it will not infringe the rights of third parties.
Nothing on this Website constitutes advice on which you should rely. It is provided for general information purposes only.
While We use reasonable efforts to ensure that the Website is secure and free of errors, viruses and other malware, We give no warranty or guarantee in that regard and all Users take responsibility for their own security, data, and devices.
Changes to the Service and these Terms and Conditions
This Company reserves the right to change the Website, its Content, or these Terms and Conditions at any time. Users will be bound by any changes to the Terms and Conditions from the first use of the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, those changes will apply automatically to any orders currently pending.
Availability of the Website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects or faults.
No part of this Website is intended to constitute advice, and the Content of this Website should not be relied upon when making any decisions.
We accept no liability for any disruption or non-availability of the Website resulting from external causes including ISP failure, equipment failure, host failure, natural events, acts of war, or legal restrictions.
Limitation of Liability
To the maximum extent permitted by law, This Company accepts no liability for any indirect or consequential loss or damage, including loss of profit, business, or opportunity arising out of or in connection with the use of the Website or Goods purchased through it.
Nothing in these Terms and Conditions excludes or restricts This Company’s liability for death or personal injury resulting from any negligence or fraud on the part of This Company.
Where any of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed and does not affect the validity and enforceability of the remaining Terms and Conditions.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless expressly stated otherwise.
Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and This Company.
Communications
All notices and communications shall be given to Us by email at support@escentric.com or by post to our registered office at 14 Apollo Studios, Charlton Kings Road, London, NW5 2SB, United Kingdom. Such notice will be deemed received 3 days after posting or immediately after email transmission.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and This Company shall be governed by and construed in accordance with the laws of England and Wales, and both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
