Terms & Conditions
Customers or visitors to this website are referred to as “you.” Elizabeth Marie is referred to as “us,” “our” or “we.”
1. General Information
Purchasing goods from this website indicates that you have read, understood and accept these Terms and Conditions. The terms do not affect your statutory rights.
1.1 Elizabeth Marie reserve the right to change, modify, substitute or remove, without notice, any information on this site, as deemed necessary by Elizabeth Marie and will notify you of such changes by uploading them on the site. Each time you purchase goods from this website you should ensure you understand and accept the current Terms and Conditions. These Terms and Conditions apply from 01/10/2017.
1.2 Your contract for purchases is with Elizabeth Marie and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.
2. Contract for Sale
2.1 The display of goods on our website constitutes an invitation to treat and by completing our on-line order form (including your payment details) you are making an offer to us to purchase the relevant goods at the prices stated at the time of ordering. Upon receipt of your details and when your payment has been processed, we will send an acknowledgement to you by e-mail, but this shall not constitute our acceptance of your order. We will confirm acceptance of your order by sending an email to you when the goods are dispatched. This confirmation email will be sent to the email address supplied by you in our form and will detail products ordered, payment method, cost and usual delivery times. You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect. If your order has not been accepted, you will receive an email from us to notify you of the rejection. Our acceptance of your order brings into existence a legally binding contract between us. Once your order has been accepted you are not able to amend the order without our written consent.
2.2 You can only place items in your basket that are currently in stock meaning that you can shop with confidence that the items that you have chosen will be with you within a few days. However, on rare occasions, stock levels may be incorrect and if this is the case we will contact you immediately. In this instance your order is still considered as an offer and not a contract of sale between you and Elizabeth Marie, so prices and stock availability won’t be contractually confirmed until you receive the ‘confirmation of dispatch’ email sent once your order has been successfully shipped.
2.3 When placing an order, you warrant that all details you provide to Elizabeth Marie for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit , debit card or any other payment method you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
2.4 Elizabeth Marie takes every care to portray and describe items accurately, however as many of the items supplied by Elizabeth Marie are handmade, individual variations may occur. We can not guarantee that items supplied will be absolutely identical to items previously supplied, but we will try our utmost to ensure that items supplied match product descriptions. Not withstanding the above, no representation or warranty is given as to the accuracy or completeness of information given. In particular customers using the website to order products should note that due to colour disparities between different computer screens there may be perceived colour variations between items shown on the website and those supplied. Customers unhappy with any item they receive are welcome to return the item within 14 days. Please see our Returns & Exchanges page for instructions. Where product descriptions state “gold/silver/pearl” etc. this maybe a reference to colour, rather than actual materials used in the product. Elizabeth Marie does not guarantee the total absence of nickel or other components in its products and does not accept any liability for allergic reactions known or unknown to any of its products.
2.5 Any contracts or agreements formed between yourself and Elizabeth Marie through this website shall be governed and construed according to English law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the English courts.
3.1 The prices payable for the goods that you order and delivery of those goods are as stated on this website at the time you place your order. We reserve the right to withdraw from sale any items that have been priced incorrectly. We will contact you upon discovery of an error and give you the option of reconfirming your order or cancelling. All prices shown are displayed in GBP (sterling), are inclusive of VAT and are exclusive of delivery charges. All orders are subject to acceptance and availability. Elizabeth Marie reserves the right to change prices without prior notice.
4.1 Elizabeth Marie accept most major credit/debit cards, as well as PayPal. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
4.3 Please note that credit/debit cards and PayPal are debited at the point of sale, payment by cheque will delay delivery as dispatch cannot take place until the cheque has cleared into our account, this may take up to 10 working days.
5.1 We will deliver the goods ordered by you to the address provided by you on the checkout page. Delivery will be made as soon as possible after your order is acknowledged by us. Any dates quoted are approximate only and the time of delivery is not of the essence. Elizabeth Marie shall not be liable for any delay in delivery howsoever caused.
5.2 You will become the legal owner of the goods you have ordered when payment for the goods has been debited from your account and when they have been delivered to you. The goods will be held at your own risk from delivery. We will not be liable for their loss, damage or destruction after they have been delivered to you.
5.3 Please note that it may not be possible for us to deliver to some locations, or within specific time frames.
5.4 For European and International deliveries, any additional charges incurred for Customs Clearance must be borne by you.
6. Cancelling an order
6.1 If you haven’t submitted an order, you may clear the items in your shopping basket at any time prior by clicking ‘delete’ next to the product ordered in your shopping basket.
6.2 If you have submitted your order and received your confirmation email from Elizabeth Marie, you will need to wait until you receive the product and then follow our Returns policy. We operate a “No quibble” 14 day return policy. Please see our Returns policy.
6.3 Once we’ve received notification from you that you wish to cancel an order, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 30 days of your order, provided the goods you return are in the same condition that they were delivered to you. You will be liable to any charges incurred when returning the goods to Elizabeth Marie unless the return is a result of an error made by Elizabeth Marie.
7. Contract cancellation
7.1 You may cancel the contract between us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the goods (the “Cancellation Date”) unless:
The items were non-stock and were specifically ordered for you – You will be informed at the time of purchase if this is the case.
The items were altered or customised to your specification.
To cancel the contract you must comply with our Returns policy. You may not be entitled to cancel the contract after the Cancellation Date.
8. Returns and exchanges
8.1 To return goods you must have a valid item return number (“IRN”). You can obtain a IRN by contacting our customer care via email. To do so, click the “Contact Us” page on our website.
8.2 We will then provide you with your unique IRN and details of how to return the goods.
8.3 All returned items must be in 100% unused condition and complete in their original packaging, within 14 days from the date of receipt.
8.4 Goods received as damaged in transit where the outer packaging damage is visible on receipt must be signed for by you as damaged on the couriers/postman paperwork.
8.5 For all returns, except where the goods are faulty, damaged in transit or incorrectly shipped, you will be required to arrange and pay for the return of the goods to us. Return postage costs will be refunded for faulty, damaged in transit and incorrectly shipped items only where a copy of the postage receipt is included with the returned product. Goods which have been damaged through misuse or because you have used inadequate packaging to protect the goods you are returning will not be considered for return.
8.6 Should an exchange be required, this will be dispatched after the returned item has been processed. Should you need an exchange sooner, you will need to place and pay for another item, and we will provide a refund in full when the returned item had been processed. Exchanges are only possible if the replacement item is available.
8.7 Items for return should be securely packaged. We cannot accept responsibility for items lost or damaged in transit to us. For this reason we would recommend that items are sent Royal Mail Special Delivery, which includes an insurance provision.
8.8 Please be aware that under no circumstances are we able to accept the return of pierced earrings due to hygiene reasons.
8.9 If the contract is cancelled in accordance with paragraph 7.1 above, we will credit your account with any sum debited by us as quickly as possible but in any event with 7 days of us receiving the returned goods or notify you of our cancellation excluding any delivery charges. We will not be obliged to offer any additional compensation for disappointment suffered.
For more information, please refer to our Return and Exchanges policy.
9. Faulty, Damaged and goods received in error
9.1 If you receive an item which is faulty, has been damaged in transit or has been received by you in error, you must notify us within 2 days of receipt. Return postage costs will be refunded; only where a copy of the postage receipt is included with the returned product. We are happy to repair or replace the item. Replacement items will be sent to you free of P&P charges. Where an item is no longer stocked or where it is uneconomical to repair the item, then Elizabeth Marie may elect to repay the purchase price (including the original postage charge).
9.2 Where the outer packaging damage is visible on receipt it must be signed for as damaged in transit by you on the couriers/postman’s paperwork.
9.3 All goods returned as detailed above in paragraph 9.1 must be in their original packaging.
9.4 Faulty, damaged, or goods received in error cannot be accepted without a valid IRN (Item Return Number)
9.5 Elizabeth Marie will not accept for return items that have been damaged through misuse, neglect, accident or intent howsoever caused.
10.1 Nothing in theses Terms and Conditions shall exclude or limit our liability for death of personal injury resulting from our negligence or that of our employees.
10.2 Subject to paragraph 10.1 above, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) arising out of our actions or inaction and we will not be liable to pay any money to you by way of compensation other than to refund you the amount by you for the goods in question.
13. Entire agreement
13.1 These Terms and Conditions set out the whole agreement between us relating to the supply of goods by us to you. No statement by any individual employed by us should be understood as a variation of these Terms and Conditions or as a representation about the nature or quality of any goods offered for sale by us.
14. Special Orders
14.1 Please be aware that any item marked as Special Order or any item that is ordered especially for you will be charged on order and will not be able to be returned for a refund. This does not affect your statutory rights.
15. Extended Returns Period at Xmas
15.1 Any purchase intended as a gift at Xmas can be exchanged/refunded up to the 15th January providing the above criteria has been satisfied. Refunds will not be offered outside the standard terms.
16. Lost Deliveries
16.1 Royal Mail policy states that items are deemed lost if not arrived by the 15th working day after dispatch. We are unable to investigate any ‘lost deliveries’ until after this date. Please contact us if you consider your order has been lost in the post and we will investigate this and work to resolve the matter with you.
17.1 All rights, including copyright, in the content of these web pages are owned or controlled for these purposes by Elizabeth Marie. You are not permitted to copy, download, store (in any medium), adapt or change in any way the content or images contained within the web pages of Elizabeth Marie for any reason whatsoever without the prior written permission of Elizabeth Marie.
18.1 The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
19.1 This website is owned and operated by Daniel & Jessica Burton t/as Elizabeth Marie
19.2 The registered office is Elizabeth Marie, 1 – 3 Dog Lane, Leek, Staffordshire, ST13 6PS.
19.3 www.ElizabethMarie.co.uk is owned by Elizabeth Marie, that is a registered partnership in England and Wales.