Terms & Conditions

A legal disclaimer

Thank you for visiting EandADesigns.co.uk. We will do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your gifts.

These are the terms and conditions (Terms) on which we supply products to you, on www.EandADesigns.co.uk (Website) that you access in the United Kingdom. These Terms are legally binding.

We only ship and sell in the UK.

If you place an order on our Website for a product sold by E&A Designs, the Contract for the sale of the product is between you and E and A Designs.

If you do not agree to these Terms, you must not order any products from this Website.

DEFINED WORDS: In these Terms a bold, capitalised word has a particular meaning. These relevant words can be found in brackets after their meaning. Any reference in these Terms and Conditions to “we”, “us” or “our” is a reference to E&A Designs. Any reference to “you” or “your” is a reference to any consumer and these references may be used interchangeably.

1 INFORMATION ABOUT US AND HOW TO CONTACT US

1.1 Who we are

E&A Designs is a company based in England.

1.2 How to contact us

You can contact us in the following ways:

Amy@EandADesigns.co.uk

1.3 How we may contact you

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

1.4 "Writing" includes emails

When we use the words writing or written in these terms, this includes emails.

1.5 Your status

You must be at least 18 years old to place an order on our Website.

2 ORDERING FROM E&A Designs

2.1 How to place an order.

In order to place an order with us, you will need to supply us with your real name and a valid email address. Please also see section 18.1.

You place an order on the Website by pressing the Checkout button during the checkout process. By confirming your order, you are agreeing to purchase the product you have selected which shall be subject to these Terms.

When you confirm your order, we will take payment for your order by means of your nominated payment method.

We will then send to you an order confirmation email detailing your order and any other information we must provide to you.

2.2 How we will accept your order

Our acceptance of your order will take place when we email you to accept it, at which point a legally binding contract (Contract) will come into existence between you and us.

2.3 If we cannot accept your order

There may be circumstances in which we are unable to accept your order, because of something we discover after we send you an order confirmation email. If this is the case, we will inform you of this via email and will refund you for the product. We may be unable to accept your order because: (a) we have identified an error in the price or description of the product;

(b) it appears that the order mistakenly duplicates another order;

(e) there are unexpected limits on our resources which we could not reasonably plan for

2.4 Your order number

We will assign an order number to your order and tell you what it is when we send you an order confirmation email.

2.5 Ordering multiple products

When ordering multiple products as part of the same order, we will inform you, within a reasonable time period, as to whether we will (or can) dispatch on the same day or as part of the same delivery. Please note that we cannot guarantee that multiple products within the same order will be delivered in the same package or at the same time.

3 OUR PRODUCTS

The products sold by us through our Website are shipped from our address in the United Kingdom.

3.1 Products may vary slightly from their pictures

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

3.2 Personalised Products

If the product includes personalised content selected by you, it is a personalised product (Personalised Product). If it is a standard product which does not include any content selected by you, it is a non-personalised product (Non-Personalised Product).

It is up to you to ensure the content you have contributed for inclusion in a Personalised Product is correct (for example the content is correctly spelt).

Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is your responsibility to ensure that your recipient’s name and address is correct.

3.4 Substitute gifts

Please note that if gifts are unavailable, we will not substitute them with alternative gifts.

4 PRICE AND PAYMENT

4.1 Where to find the price for the product.

The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.

4.2 Payment

You can pay for your products using credit card, debit card, or any other payment method which we make available to you at the time of your order. Please note that we do not accept payments via American Express. We are not VAT registered.

4.3 What to do if you think your order confirmation receipt or invoice is wrong:

If you think your order confirmation receipt or invoice is wrong, please contact us immediately by emailing amy@eandadesigns.co.uk

5 DISPATCH, DELIVERY AND PROVIDING THE PRODUCTS

5.1 General information

The dispatch date is the date that we send the item, not the date that it is delivered.

During the order process, we will generally notify you of the dispatch dates available and the expected timeframe for receiving your order.

For orders that are accepted, unless we inform you otherwise in the order process, we will dispatch the product you have ordered within 2 days of the order.

It is your responsibility to ensure that the postal information you input for delivery is correct.

Errors in the address may cause unnecessary delay and/or result in unsuccessful delivery of your items. You can check that you have the correct UK postcode by using the Royal Mail's handy postcode finder available at www.royalmail.com/find-a-postcode. Please note we are not responsible for the accuracy of the Royal Mail's postcode finder.

For completeness, risk in a product you have purchased does not pass to you until delivery or attempted delivery of the product.

5.3 Delivery costs

The price of most products on our Website do not include delivery costs. We will notify you of the delivery cost at the checkout stage before you place your order.

We reserve the right to change the delivery costs at any time.

5.4 Estimated delivery times

Products are delivered by Royal Mail.

5.5 We are not responsible for delays outside our control

If our supply of the products is delayed by an event outside our control (such as acts of God, natural disasters, epidemics or pandemics, terrorist attacks, war or threat of war, riots, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any laws imposing an export or import restriction, quota or prohibition, or failing to grant necessary licence or consent, collapse of buildings, fire, explosion or accident, industrial action, interruption or failure of utility service) 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. However, if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received. Your statutory rights as a consumer are not affected.

5.6 If the recipient is not at home when the product is delivered, Royal Mail will leave you a note of how to collect your order.

5.7 Re-arranging delivery/collection

If no one is available at the recipient's address, it will be your responsibility to re-arrange delivery or make arrangements for collection with the carrier. Instructions on how to do so shall be left at the time of attempted delivery.

5.8 When you become responsible for the goods:

A product which is goods shall be your responsibility from the time we deliver or attempt delivery of the product to the address you gave us.

5.9 When you own goods

You own a product which is goods once we have received payment in full.

5.10 What will happen if you do not give required information to us

We may need certain information from you so that we can supply the products, for example, the delivery address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

5.11 Delivery outside the UK

No products are sold outside of the United Kingdom.

6 YOUR LEGAL RIGHTS TO END THE CONTRACT

6.1 Your rights

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract, including:

(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);

(b) if you want to end the contract because of something we have done or have told you we are going to do,

‎‎6.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products which have not been provided. You may also be entitled to compensation. The reasons are:

(a) We have told you about an upcoming change to the product or these Terms which you do not agree to.

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or

(e) you have a legal right to end the contract because of something we have done wrong.

6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)

For most products bought online you have a legal right to change your mind within 14 days and receive a refund.

How long you have depends on what you have ordered and how it is delivered:

(A) Have you bought goods (for example, a Non-Personalised Product)? if so you have 14 days after the day you (or the recipient) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or the recipient) receives the last delivery to change your mind about the goods;

6.4 When you don't have the right to change your mind

You do not have a right to change your mind in respect of

(a) Personalised Products;

6.5 Ending the contract where we are not at fault and there is no right to change your mind

Even if we are not at fault and you do not have a right to change your mind (see clause 6.1) you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

6.6 Summary of your legal rights

We are under a legal duty to supply products that are in conformity with these Terms.

For a summary of your legal rights, please see the table below. This is subject to exceptions and is subject to change from time to time. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 03444 111 444.

Personalised Products, Non-Personalised Products.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

7 ENDING YOUR CONTRACT WITH US

7.1 Reporting a problem

If you have questions or are unhappy with your order, please contact us at amy@e&adesigns.co.uk You will need to quote your order number and the details of the problem with the order.

We aim to acknowledge any complaint within 2 days and will do our best to resolve it within 7 days. We may ask you to take a photograph of the product to help us to correct any future problems. Should it be necessary, we will then advise you how to return your item.

8 OUR RIGHTS TO END THE CONTRACT

8.1 We may end the contract if you break it

We may end the contract for a product at any time by writing to you if:

(a) you do not, within a reasonable time, allow us to deliver the products to you or the recipient or collect them from us/your local depot.

8.2 You must compensate us if you break the contract.

If we end the contract in the situations set out in Section 8.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10 E&A Designs Intellectual Property

For the purposes of these Terms, the following words will have the meanings as set out below:

IP means intellectual property rights of any nature, including (for example) patents, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, whether registered or unregistered, and including all applications for such rights, and rights to apply for and be granted such rights, and renewals or extensions of such rights, and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist, or will subsist, now or in the future, in any part of the world.
Content means all text, software, applications, graphics, audio, visual and/or audio-visual material (including but not limited to, music, sound, still visual images, photographs and video), data, database content, page layouts, design and other multi-media content, information and material, including the metadata relating to such content.

Unless otherwise stated, all Content on and IP in relation to our Website is wholly owned by E&A Designs or its licensors.

"E&A Designs" is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.

You may use and access our Website to the extent and purpose required for ordering any products and/or services made available by E&A Designs in accordance with these Terms.

You are not allowed to:

remove any notices relating to IP contained in any Content, material and/or products taken from our Website or otherwise;
whether for a commercial purpose or otherwise, copy, distribute, show in public and/or create any derivative work from, any material, Content or IP owned by E&A Designs without the prior express written permission and licensing by us to do so;
use E&A Designs, including but not limited to, its Website, Content, IP, products and/or services for any commercial purpose other than in accordance with these Terms; and
use any robot, spider, scraper or other automated means to access the Website for any purpose without our prior express written permission.

Any rights not granted in these Terms are reserved for our own benefit.

11 OUR WEBSITE

We will always try to ensure that our Website is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.

12 CUSTOMER REVIEWS

By submitting a review on our Website or any other third party websites you confirm and agree that you are the sole author of the review, your review is accurate and that you are at least 18 years' old.

For any review that you submit, you grant E&A Designs a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.

You must agree that you will not submit a review that:

(a) you know to be false, inaccurate or misleading;

(b) is confidential or personal information of a third party;

(d) infringes anyone's intellectual property rights;

(e) is or can be regarded as offensive, abusive, threatening or defamatory;

(f) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;

(g) references any other website or service;

(h) misrepresents identity or impersonates any person;

(i) pornographic, obscene or indecent;

(j) may harass, upset, embarrass or alarm any person; or

(k) comments on any other reviewer.

We reserve the right to decline publication of reviews or to remove reviews at our discretion. By submitting your email address in connection with your rating and review, you agree that E&A Designs may use your email address to contact you about your review. We will not pass your details onto any third parties without your consent. E&A Designs accepts no liability for your personal information in relation to reviews you leave on third party websites.

13 HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy, which are subject to change from time to time:

14 WE ARE RESPONSIBLE FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for faulty products under the Consumer Protection Act 1987.

14.4 We are not responsible for damage or loss arising from your actions

We are not responsible for any damage or loss incurred by you when such loss or damage is caused by negligence, wilful misconduct, concealment of information by you (deliberate or otherwise), breach of these Terms (including the Content Rules) and/or our User Content Terms and Conditions.

14.5 We are not responsible for losses to your business.

We only supply products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15 GENERAL

15.1 Your E&A Desings Account

Please note that we do not perform verification checks when you create an E&A Designs Account, and it is therefore important that you provide your real name and a valid email address when signing up. This is to ensure compliance with these Terms and so that we can perform identity verification if you ever contact us about your order. A valid email address is also required to receive any other communications mentioned in these Terms. We will not be responsible for being unable to verify your identity or not being able to assist with your queries if you have used a fake name or email address.

15.2 Suspension

If you are found to be in breach of these Terms, we reserve the right to suspend your E&A Designs Account and your order.

In addition, we are entitled to suspend provision of all or part of our services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

15.3 Change of Terms

These Terms may change from time to time and when they do, we will post the new version of the Terms on the Website.

15.4 We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation.

15.5 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)

You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, you may transfer our guarantee to the recipient who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the recipient to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.

15.6 Nobody else has any rights under this contract (except someone you pass your guarantee on to)

This contract is between you and us. No other person shall have any rights to enforce any of its Terms, except in respect of the guarantee as explained in clause 15.5.

15.7 If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.8 Even if we delay in enforcing this contract, we can still enforce it later

Just because we do not insist immediately that you do anything you are required to do under these Terms, it does not mean you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.9 Which laws apply

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

Terms & Conditions

A legal disclaimer

​

​