Terms & Conditions

Ellimonelli owns and operates this company site.  However, if you should have an questions or queries about our terms of business, then please contact us at info@ellimonelli.co.uk.

These website terms and conditions ('Website Terms') apply to your use of the ellimonelli.co.uk website at www.ellimonelli.co.uk ('the Website').  By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety.  If you place an order via our Website, then our General Terms & Conditions of Sale will also apply.  If you do not agree to these Website Terms in their entirety, then you must not use the Website.

Your Use of this Website

You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.

You may use, download and print content on the Website solely for your own personal use or internal business purposes.  Other than for your own personal use or internal business purposes, you may not without our prior written consent :

• copy, reproduce, use or otherwise deal with any content on the Website
• modify, distribute or re-post any content on the Website for any purpose
• reproduce, crawl, frame, link to or deep link into this Website on or from any other website
• use the content of the Website for any commercial exploitation whatsoever

Privacy Policy

These Website Terms supplement, and are in addition to, the terms of our Privacy Policy. Our Privacy Policy explains what personal information we collect about you when you use the Website.  You can also view our Privacy Policy which is clearly stated under the Privacy Section of this Website.  Please note that when you agree to these Website Terms, you shall be deemed also to have read, understood and agreed to our Privacy Policy in its entirety.  Discover more

Ownership of Intellectual Property/Rights

All rights including copyright and other intellectual property rights, in and to this Website, in relation to the Ellimonelli website are owned by or licensed to Ellimonelli.  Use of any content or imagery, including copying/storage in whole or part, other than for your personal non-commercial use is prohibited without the permission of Ellimonelli.  This also includes the modification and distribution of any material imagery for any purpose.

If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in user generated content that you submit through the Website) on a worldwide basis absolutely to the fullest extent permitted by law.  You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.

Accuracy of Content

Our Website is constantly monitored and updated to ensure prices and offers are correct and stock control is displayed at point of sale.  Care has been taken to fairly describe all products displayed on the Website.  Product photography colours will vary on different monitors/displays.  All dimensions, colours, fabrics, finishes, materials, metals, beads, capacities and weight of goods are approximate  only.

To the extent permitted by applicable law, Ellimonelli disclaims all representation and warranties, expressed or implied, that content or information displayed in or on this Website is accurate, complete, up to date and/or does not infringe the rights of any third party.  The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Ellimonelli.

Damage to your Computer or Other Devices

Ellimonelli uses all reasonable effort to ensure that this Website is free from viruses and other malicious or harmful content.  However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other devices.  It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other devices.  Except where required by applicable law, Ellimonelli shall not be liable to any person(s) for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

Links to Other Websites

We have established links on this Website to other websites we believe you may want to visit as part of your browsing experience.  We do not vet these websites in any way and therefore do not have any control over their content.  Except where required by applicable law, Ellimonelli cannot accept any liability in respect of the use of these websites.

Exclusion of Liability

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law.  We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.

Except to the extent required by applicable law, Ellimonelli shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.

These exclusions shall be governed by and construed in accordance with the laws of England, Scotland, Northern Ireland and Wales.  If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence.  In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

Third Party Rights

Only you and Ellimonelli shall be entitled to enforce these Website Terms.  No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Entire Agreement

These Website Terms (including, where applicable, our Privacy Policy and our General Terms & Conditions of Sale) set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Law, Jurisdiction & Language

Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England, Scotland, Northern Ireland and Wales.

Change to these Website Terms

We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page together with our other policies regularly to keep informed of the current Website Terms that apply to your use of the Website.  By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.

GENERAL TERMS & CONDITIONS OF SALE

These General Terms & Conditions of Sale ('General Terms & Conditions of Sale') apply to any order you place through the Ellimonelli website at www.ellimonelli.co.uk (the 'Website').  You must read these General Terms & Conditions of Sale carefully.  By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms & Conditions of Sale in their entirety. If you do not agree to these General Terms & Conditions of Sale in their entirety, then you must not order any product through the Website.

Website Terms & Conditions

Whenever you use this Website to order an Ellimonelli product, our Website Terms & Conditions will apply to your use of the Website in addition to the General Terms & Conditions of Sale.  By ordering an Ellimonelli product through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms & Conditions.

Product & Service Descriptions

We have taken reasonable precautions to  try to ensure that prices quoted on the Website are correct and that all products have been fairly described.  However, when ordering products or services through the Website, please not that :

• orders will only be accepted if there are no material errors in the description of the good or services or their prices as advertised on this Website
• all prices are displayed in pounds Sterling exclusive of UK VAT unless expressly indicated otherwise
• the measurements shown on  the Website are approximate only
• whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor/device and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery
• all items are subject to availability.  Our Website is constantly monitored and updated to ensure stock control is displayed at point of sale

Acceptance of your Order

Please note that completion of the online checkout process does not constitute our acceptance of your order.  Our acceptance of your order will take place only when we despatch the product(s) that you ordered from us.

Once payment has been received, a confirmation email will be sent to the email address provided in your order form.  The contract will only relate to those goods and/or services notified in the email acknowledgement of the specific order.

All products that you order through the Website will remain the property of Ellimonelli until we have received payment in full from you for those products. During the checkout process, you will be asked to complete your payment details.  All fields indicated as compulsory must be completed.  Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.

All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before despatch.

All orders are subjected to acceptance and availability.  If the goods you would like to order are not available from stock, it will not let you purchase them upon checkout and clearly indicate that the item is out of stock.  Items cannot be placed on back order, but we can contact you by email to advise when the product is back in stock, if desired.

Ordering Errors

You are able to correct your errors on your order up to the point when you click 'submit' during the ordering process.

Pricing Policy

The prices displayed on the Website are in pounds Sterling and are correct at the time of entering this information.  All prices exclude delivery which will be displayed at checkout.  Please refer to our Delivery & Returns Policy for current postal/courier charges.

Offers and discounts will run for a set period of time only.  Once an offer has expired, the price will revert to the full price and you will see the current price displayed before you select and purchase an item, whether it be full or discounted.

We do not accept liability if a delivery is delayed due to incorrect payment or delivery information provided by yourself.  If we are unable to obtain full payment from your card issuer for the selected items, then we will cancel the order/contract.  This does not affect any other rights we may have.

Delivery Charges

Delivery charges and timescales vary depending on the types of product ordered and the delivery address.  Please contact us for the arrangement of overseas deliveries/charges (international locations and the Channel Islands).

Delivery will be to the UK or (international addresses and the Channel Islands, by arrangement) as specified in your order.  All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

We shall be under no liability for any delay or failure to delivery products if the delay or failure is wholly or partly caused by circumstances beyond our control.

In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation.  Similar rights may apply for some international deliveries.  For further information about your legal rights, contact your Local Authority Trading Standards Department or Consumer Advice Centre.

Delivery charges vary according to the type of goods ordered and cannot be refunded by ourselves.  These terms are set out clearly under the Delivery & Returns section of the Website.

Cancellation Rights

If you are a UK/EU consumer, you have the legal right under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven (7) working days following your receipt of the goods.  Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations 2000 will be processed in accordance with your legal rights.  For further information about your statutory rights, contact your Local Authority Trading Standards Department or Consumer Advice Centre.

If you wish to cancel (or are considering cancelling) an item you have ordered from us, please be aware of the following terms that apply :

• Damage of incorrectly Supplied Products - you should check all products you receive against your order.  If the products you receive are damaged or incorrectly supplied on delivery, then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by email) within a reasonable period of time.  You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
• Other Cancelled Products - if you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within seven (7) working days following the date of receipt in accordance with the Distance Selling Regulations 2000 or otherwise as soon as possible.  You must take reasonable care of the products that you wish to cancel and not use them.  Products should be returned to us as soon as possible in their original packaging and within 15 calendar days from cancellation together with the completed Delivery Note provided in your original parcel, giving an explanation for returning the item(s).
• Your Rights - this is not intended to be a full statement of all your rights under the Distance Selling Regulations 2000.  Full details of your rights are available in the UK from your local Citizens' Advice Bureau or your Local Authority Trading Standards Office.
• Damage during the Courses of Returning Products - if you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service.  If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable) to such loss or damage.

If you cancel your order in any of the circumstances set out above, save for cancellation under the provision of the Distance Selling Regulations 2000, we will refund any money paid by you after any products, which have been delivered to you, are returned to us, unworn and undamaged.  We will process your refund within 14 calendar days after the day on which we receive the products back.

In the case of damaged or incorrectly supplied goods, we may offer you a replacement product.  Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return as outlined above.

If we have not yet dispatched the product before you cancel the Contract, we will process your refund within 14 calendar days of your cancellation.

If you only cancel the Contract in respect of some but not all of the products in an order, you will not be entitled to a refund of the delivery charge as our delivery charged are charged at a flat rate per order and not by weight.

Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us.

Liability

There are certain liabilities which we cannot exclude by law and nothing in these General Terms & Conditions limits our liability for personal injury or death caused by our negligence or for fraud.

You have the rights as a consumer, including legal right relating to faulty or misdescribed goods.  For further information about your legal rights in the UK, contact your Local Authority Trading Standards Department or Citizens' Advice Bureau.  Nothing in these General Terms & Conditions will affect the legal rights and, in particular, we will perform our obligations under these General Terms & Conditions with reasonable care and skill.

Any products we supply to you will be of satisfactory quality.  If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.

We are only responsible for losses that are a natural foreseeable consequence of our breach of these General Terms & Conditions.  We will not be liable to you if we are prevented or delayed from complying with our obligations under the General Terms & Conditions by anything you (or anyone acting on your behalf) do or fail to do or due to events which are beyond our reasonable control.

You must follow any advice we give you to keep products we supply to you safe, properly stored and in good order.  We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this in-depth advice.

ADDITIONAL TERMS & NOTICES

We may update or amend these General Terms & Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you.  Any updates or amendments will be posted on the Website.

These General Terms & Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

You may not assign or sub-contract any of your rights or obligations under the General Terms & Conditions of Sale to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these General Terms & Conditions of Sale to any third party at our discretion.

No relaxation or delay by us in exercising any right or remedy under these General Terms & Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy.  Any waiver must be agreed by us in writing.

Only you and we shall be entitled to enforce these Terms of Sale.  No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These General Terms & Conditions of Sale are governed by the laws of England, Scotland, Northern Ireland and Wales.

Unless otherwise expressly stated in these Terms & Conditions, all notices from you to us must be in writing and sent to info@ellimonelli.co.uk.