Terms and Conditions.
These terms and conditions will apply to all transactions placed online with Emily Smith. Please read carefully before placing any order. All contracts shall be governed by and construed in accordance with English Law and any dispute between us will be resolved exclusively in the courts of England and Wales. Nothing in these terms and conditions will be deemed to affect your statutory rights.
By using this site you are agreeing to these terms and conditions.
Emily Smith is the trading name. Registered office:Heywoods Farm, Bondleigh, North Tawton, EX20 2AQ.
Contact us at: Emily Smith, Heywoods Farm, Bondleigh, North Tawton, EX20 2AQ, Tel: 07791903201.
We are currently only able to accept payments pay using Pay Pal. The web price includes VAT at 20%.
MAKING A PURCHASE
Making a purchase could not be easier. Just browse our products, and click on any items that you wish to buy and put them into your ‘Shopping Bag.’ After you have finished your selection, click on ‘View Basket & Checkout’ and you will be asked for a few details that we need to be able to fulfil the order.
Promotional discounts are sometimes offered for a limited time. Details and expiry details will be communicated accordingly at the time the discount is offered.
If you would like a Gift receipt for any purchase simply ask our customer service team on 07791903201 or email them on [email protected]
Products, prices and content
Whilst every effort is made to ensure the pictures and colours depicted on the site match as closely as possible those of the actual product, due to technical limitations, some colours may vary.
All prices are shown in pound sterling (£) and are inclusive of UK VAT at the current rate unless clearly stated.
Prices, product descriptions and specifications are checked to the best of our ability, and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions.
Any information displayed on our web site(s) or other printed matter by us is not regarded to be authoritative or certified as the best practice and is only considered to be useful supplementary advice to other certified codes of practice. All information on our Website is updated regularly.
We reserve the right to alter our prices and specifications without notice.
We reserve the right to make minor changes to the products. We may change the product(s) to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
Any promotional discount codes are not valid on sales items.
Ownership of goods
All items supplied to the customer remain the property of Emily Smith until final payment of all sums owing in respect of those goods has been received in full by us.
Emily Smith complies with all aspects of the Data Protection Act. We do not disclose details of our customers to any third party except as set out below.
We will collect and store any personal data that you may volunteer whilst using our services, e.g. placing an order or joining our e-mail newsletter for example.
The type of information that we will collect will include – Your title and name, known address, contact telephone numbers, e-mail address, order details. Details may be forwarded securely to other parties in order to fulfil this order only. These will include delivery and payment partners.
We will collect and store information about you to allow us to firstly, process and fulfil any order requirements and secondly if you consent, to provide you with information to keep you up to date on products, services or promotions we run from time to time. If at any time you would like to unsubscribe simply use the ‘unsubscribe’ link in the emails received, contact our Customer Services Team on 07791903201 (open 9.00am to 5pm, Monday to Friday) or email [email protected]
If you wish to access the personal information that you have submitted via the Website please click the “my account” icon on the main menu or email us at: [email protected]
We will take reasonable steps to create an accurate record of any Personal Information you have submitted through the Website. However, we do not assume responsibility for confirming the ongoing accuracy of your personal information. If you advise us that your Personal Information is no longer accurate, we will, so far as practicable, make corrections. If any of the information that you provided on registration changes, please update your records immediately by visiting the “my account” page or by contacting our Customer Services Team on the following number 07791903201 (open 9.00am to 5pm, Monday to Friday) or email us at: [email protected] which we will do to the extent possible.
You can also request that your personal information is deleted from our systems at any time by emailing us at [email protected].
If you want to buy products on our Website, you will need to have cookies enabled within your internet browser. Your computer will automatically do this for you, and you don’t need to change anything for this to happen. You can disable cookies by changing your browser settings to reject cookies. You will not be able to shop on our Website if you disable cookies.
As we continue to develop our business, we might sell certain of our assets or be sold. In such transactions, user information, including Personal Information, generally is one of the transferred business assets, and by submitting your Personal Information on the Website you agree that your Personal Information may be transferred to such parties in these circumstances.
The personal information you provide to us will be managed by the E-commerce Manager, Andrew Glanville, 22 school road, Exeter.
Notification of changes
Social Media #
By using this Website and tagging #emilysmithdesigns and sharing your Photos with us you grant to Emily Smith a royalty-free, perpetual, worldwide licence to use your Instagram handle and/or your fancy Instagram photograph(s) that you’ve tagged with the hashtag #emilysmithdesigns (the “Photos”) on www.emily-smith.uk and/or on any of Emily Smith’s social media platforms including but not limited to Instagram, Facebook and Twitter for marketing and/or to use in advertising.
Emily Smith may decide to use your images and reserve the right to reproduce, distribute, combine with other materials, alter and/or edit your Photos in any manner in its sole discretion, with no obligation to you whatsoever.
You hereby represent and warrant that (i) you own all rights in and to your Photos, (ii) you have permission from any person(s) appearing in your Photos to grant the rights herein, (iii) you are 18 years or older, and (iv) Emily Smith’s use of your Instagram handle and/or photos will not violate the rights of any third party or any law;
You hereby release and discharge Emily Smith from all and any obligation to pay you for any use of your photos and any of the intellectual property rights contained therein in connection with the uses described above.
Finally, you hereby release, discharge and agree to hold Emily Smith and any person acting on Emily Smith’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Photos as described above.
COMMENTS AND COMPLAINTS
If you wish to comment or complain about any aspect of your dealings with us please write to Emily Smith at Heywoods Farm, Bondleigh, North Tawton, EX20 2AQ; or call us on 07791903201; or email us at [email protected]. We will reply within five working days of receipt.
OWNERSHIP OF RIGHTS
All rights, including copyright, on this Website are owned by or licensed to Emily Smith. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this Website for any purpose. Reproduction strictly by permission only.
DESIGN, COPYRIGHT AND INTELLECTUAL PROPERTY
The original illustrations and designs are all by artist Emily Smith. Most of Emily’s designs are from personal experiences ranging from childhood memories to living in the Devon Countryside.
All text, graphics, photographic images, packaging, patterns and designs on all Emily Smith’s products are protected by copyright, design rights, trade mark rights and other intellectual property rights, which are owned by Emily Smith.
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Emily Smith and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of Emily Smith and are protected by UK and international trade mark laws.
If you have selected our ‘Standard Delivery’ option, it is our aim to deliver to you within 5-7 working days of the receipt of your order. The ‘First Class’ option will be delivered to you within 1-2 working days. All our delivery dates are estimates and we cannot guarantee specific deadlines. Please note, we cannot be held responsible for any third-party involvement where delays occur to deliveries. Please see our ‘Delivery Terms’ for full details.
We deliver to most postal areas in the UK including Northern Ireland plus a number of countries outside the UK including the Republic of Ireland. We’re sorry that geographical location and carrier availability can restrict our service. Full details can be found in our ‘Delivery Terms’.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Our products are shipped from the UK and sold on an unpaid Delivery Duty basis. With this in mind, please be aware that you, or whoever the lucky recipient might be, may have to pay Import Duty or a Formal Customs Entry Fee upon, or prior to, delivery. If you’re unsure how this will affect the overall cost of your order, please check your Local Legislation rules.
RETURNS AND EXCHANGES
Our Returns policy
We want you to be delighted with your purchase but if you are not you can return any item within 30 days of receipt as long as it is unused and in its original packaging.
We will be happy to exchange the item for a replacement or to make a refund which will go onto the card which was used when you made your purchase. We are not able to refund any postage charges. Postage will be charged for sending any exchange items by post.
You have a right to cancel your order within seven working days of receiving your purchase. This seven day period begins the day after you receive the items from us. Please notify us in writing within seven working days that you wish to cancel your order and that you intend to return the item(s) and we will be happy to offer you a full refund including your original delivery charge.
How to return something
You can return an item as long as you have your receipt or delivery note. Please send your return by post. The delivery note that came with your parcel has clear instructions of how to do this. You need to complete the reverse side of the delivery note with the details of the items you are returning and enclose the note with your returned parcel. It would really help us in developing our products if you could give a reason why they were not suitable. Please let us know whether you require an exchange or a refund and always include a daytime telephone number and your email address in case we need to contact you about the return. If you no longer have your delivery note, please include a letter giving your name, address, customer number if possible, email address and daytime telephone number plus a note of what you are returning and why, and whether you want a refund or exchange for another product.
Make sure your items are securely wrapped and send your return to:
Returns Department, Heywoods Farm, Bondleigh, North Tawton, EX20 2AQ.
Parcels are returned at your own cost, and we strongly recommend you obtain a free certificate of postage from the Post Office as we are responsible for your parcel only once it has been received into our warehouse. Items lost in transit will not be treated as returned.
We can also arrange for our courier company to collect the parcel from your home. You will need to be at home to hand over the parcel. There is a charge for this service.
We are always very disappointed on the rare occasions our customers receive a faulty item. If you have identified the fault within 30 days of purchase, please contact us and let us know the details of the fault. We can then let you know whether to return it or not and make sure other items are not affected. We will often ask you to email us a photograph of the fault as it’s easier for you than posting it back to us. Should you need to return the item we will refund any standard second class postage on a faulty item. We strongly recommend you obtain a free certificate of postage from the Post Office as we are responsible for your parcel only once it has been received into our warehouse. Items lost in transit will not be treated as returned.
If a fault develops outside of the 30 day return period, contact us on 07791903201 (Monday – Friday 9am to 5pm) or by email on [email protected] before you return the item so we can discuss the fault with you and agree the best way forward.
How to arrange for an exchange
If the product you require is still available we will be happy to exchange it for you. If the new item you require costs less than the one you have returned we will refund you the difference. If it costs less than the one you have returned we will need to take an additional payment from you before we can send you the item. We will charge you standard postage and packaging unless you require a faster turnaround and let us know if you’d prefer a first class service. Please make sure you give us a daytime telephone number or your email address so we can contact you.
Returns purchased from a show
If you have bought a product(s) from Emily Smith at a show or fair, you can return your item(s) as long as you have your receipt or delivery note.
Please note that our seconds store offers our products at significantly reduced prices. As a consequence we are not able to accept returns on purchases made for seconds.
Returns bought from one of our stockists
Please get in touch with the stockist you purchased from (make sure you have your original receipt). They will let you know what their returns policy is. If you require a telephone number for a store please let us know.
An item that was received as a gift can be returned for an exchange. An email will be sent to the person who made the original purchase when the exchange is completed. Refunds can only be made to the original credit or debit card on which the gift was purchased.
Once your parcel has been received by our team it can take up to 10 working days to fulfil your request. Returns are dealt with in the order in which they are received so returns sent by Recorded Delivery may reach us more quickly but do not progress more quickly through the process.
When we have dealt with your parcel we will confirm this to you by email, assuming you have given us your email address. Please remember that it can take three to four days after we have processed a refund payment for it to appear on your credit card statement.
If, after sending your return to us, you have not received our email confirmation within 10 working days, please contact us on 07791903201 (Monday – Friday 9am to 5pm) so we can investigate.
Any items purchased after November 1st as Christmas presents can be returned or exchanged up until 14th January.
RIGHT TO CANCEL
You have the right to cancel this contract within 14 days from the day after the goods have been received without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or, in the case of multiple goods under one order, when the last of the goods is similarly acquired. To exercise the right to cancel, you must inform us: Emily Smith, Heywoods Farm, Bondleigh, North Tawton, Devon, EX20 2AQ, (07791903201) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). We will then communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than – (a) 14 days from the day you return any goods supplied, or provide evidence that you have returned them, or (b) if there were no goods supplied,14 days from the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
We will pay the costs of a return if the products are faulty, mispicked or misdescribed; if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
Emily Smith cannot be held responsible for any disruptions to our services that are beyond our reasonable control. We will do everything in our power to correct any disruption to our service.
We attempt to be as accurate as possible when describing products on the Website; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. Emily Smith cannot be held responsible for marginal differences in products supplied.
Any products and services, and any samples thereof, we may provide to you are for personal use only. You may not sell or re-sell any of the products or services, and any samples that you receive from us.
We may occasionally carry out security checks and have the right to refuse access to our Website should we consider it necessary.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Emily Smith and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
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.
We have taken measures to ensure that your visit to our Website is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns, please contact us: Emily Smith, at Heywoods Farm, Bondleigh, North Tawton, Devon, EX20 2AQ. Tel: 07791903201 email: [email protected]