TERMS AND CONDITIONS OF USE

A. Introduction

ejverdi.com (the “Website”) is the website of E.J. Verdi Ltd, a company registered in England with registered number 08468602. The Company’s VAT registration number is GB 161 3698 01. If you have any questions regarding the Website or these terms and conditions you can contact us at our registered office address:

E.J. Verdi Limited
20 Trinity Courtyard
Newcastle upon Tyne
NE6 1TS
United Kingdom

Email address: Please use the contact form here.

Telephone: 00 44 (0)191 265 4372

B. Use of Website

  1. These terms and conditions apply to your use of and access to the Website including all orders submitted by you for any products made available by us for purchase over the Website. By accessing this Website you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms for future reference. If you do not agree to these Terms, you must cease using and accessing this Website immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website.
  2. Please note that these Terms do not affect your statutory rights as a consumer.
  3. You agree that the information you provide when you register on the Website is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.
  4. We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
  5. We have the right in our sole discretion to remove any material or posting you make on the Website.

C. Purchase of Products

    1. Acceptance of Orders

(1.1) All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“Products”) from us on the Terms herein described. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you. Examples of when we may not accept your order are as follows:

a. If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
b. If we are unable to obtain authorisation of your payment;
c. If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
d. If shipping restrictions may apply to a Product or delivery address; or
e. If the delivery address you give is the address of an entity or individual providing freight forwarding services.

 

(1.2) After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of delivery. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale of the Products between us and you, will not take place unless and until the Products have been picked from our warehouse and we have sent you an email confirming that the Products have been dispatched to you (“Dispatch Confirmation”). After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.

(1.3) Orders can also be placed by telephone in English with our Customer Service team on the telephone number outlined in Section A above. Where you provide us with an email address, we will follow the process outlined in Section C (1.2) above. If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time. In either case, acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until the Products have been picked from our warehouse.

(1.4) When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website (“Secure Access”). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party.

(1.5) In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.

(1.6) Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.

(1.7) You will only be charged for Products when they have been dispatched for delivery (together with the relevant delivery charges and any card processing or payment processing charges).

(1.8) While all the Products sold through the Website will always correspond with their description, variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, fabrics and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects. The positioning of patterned fabrics may differ for each individual garment.

(1.9) We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.

  1. Prices

(2.1) All prices of Products on the Website are the price for the Products only. They include 20% VAT, however please see Section C 2.4 below. They do not include delivery charges. VAT is zero rated on products delivered to customers resident outside the EU fiscal area for VAT.

(2.2) We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product’s correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product’s correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price.

(2.3) We may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.

(2.4) Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

  1. Payment Terms

(3.1) The total cost of your order will be the purchase price for the Products plus any delivery charges.

(3.2) You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

(3.3) We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order.

(3.4) If your credit/debit card or payment method is not denominated in Sterling (GBP) the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than Sterling.

  1. Payment

(4.1) Card payments are processed by Global Payments Inc, one of the world’s largest electronic transaction processing companies. Customers are automatically transferred to Global Payments server to make payment so no card details are held on the Website.

The following methods of payment are accepted:-

  • Visa
  • MasterCard
  • Switch
  • American Express
  • PayPal Account

Payments can be made in Sterling (GBP) or the home currency of some debit/credit cards.

(4.2) For your security, the billing name and address must match the credit card or other method used for payment. We reserve the right to cancel any order that does not comply with this or with our other security criteria.

(4.3) Your card or other method of payment will not be charged until your order is accepted and shipped. However, it may show a pre-authorisation of the funds immediately upon order.

(4.4) All orders are placed with E.J. Verdi Limited, which is a UK entity, therefore your card issuer or payment method provider may apply other international bank charges. In addition, if your credit/debit card or other method of payment is not denominated in Sterling (GBP), the final price will be charged in the currency of your card. This will be calculated and charged by your card issuer. We have no control over these charges and cannot predict the amount. Please contact your issuing bank for further information before placing your order. Customers paying by some credit/debit cards may have the option  to pay in the home currency of their card using Global Payments Home Currency Pay option.

  1. Invoicing

Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

  1. Delivery, Title and Risk

(6.1) UPS will provide delivery of our Products to you, although in some circumstances other couriers may be used. Orders will be sent to the delivery address that you have given on your order form which must also be the registered billing card address. We cannot be held responsible if that delivery address on your order form is incorrect or incomplete. Please note that we cannot deliver to PO boxes. You may also request delivery to a UPS Access Point location.

(6.2) When you have checked out and provided your order has been accepted by us, your order shall be processed by us and we will endeavour to despatch your order within two working days, although this may extend to five working days or longer in exceptional circumstances. Our delivery policy, including charges and estimated delivery times from despatch of the order are set out at Delivery. There may be restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions but this may not be possible until we have received your order.

Your sole remedy for any failure by us to despatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.

(6.3) Title in the Products will pass to you on the later of:-

(a) the date on which we receive payment in full for such Products; and
(b) the date and time of receipt of delivery of such Products by you or a third party on your behalf.

(6.4) Once the product has been received by you, all risk of damage in or loss to the Product shall pass to you.

(6.5) We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.

(6.6) In the event that a Product is subsequently imported into a country other than the country to which we delivered the Product you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.

  1. Cancellation and Returns

(7.1) Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation policy. This Returns & Cancellation Policy does not affect your statutory rights as a consumer.

(7.2) Where you return a Product we will issue you with a full refund (including any original delivery charges) but you will need to return the Product at your own cost (if you have already received the Product), unless otherwise specified in our Returns & Cancellation policy. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, we shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities irrespective of whether or not such a refund is possible.

  1. Age Requirements

If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.

D. General

  1. Intellectual Property

(1.1) All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website (the “Content”), is either owned or licensed by us, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.

(1.2) The “E.J. Verdi” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the “Trade Marks”), are and remain our exclusive property and/or our licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.

(1.3) All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the “Intellectual Property Rights”) are and shall remain the exclusive property of us and/or our licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.

(1.4) Limited Licence

Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Website limited such that it does not include the right to:

(a) use the Website in any way which may prejudice or damage our reputation;
(b) use the Website for any commercial or business purposes. The Website is for your personal use only;
(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

(1.5) We may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.

  1. Content

We endeavour to ensure that the information posted by it on the Website is accurate and complete. We do not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free. We do not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. We recommend that all users of the Internet ensure they have up to date virus checking software installed.

  1. Exclusion of Warranties

(3.1) This Section D(3) does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory implied conditions in sections 13, 14 and 15 of the Sale of Goods Act 1979 relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample.

(3.2) SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.

  1. Limitations of Liability

(4.1) Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; (iii) under Section 2(3) of the Consumer Protection Act 1987; or (iv) for any other liability which cannot be limited or excluded by applicable law.

(4.2)Subject to Section D(4.1) above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:

(a) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
(b) loss of goodwill or reputation; or
(c) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.

(4.3) Subject to Section D(4.1) our aggregate liability under these Terms whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from us.

This section D(4) does not affect your statutory rights as a consumer.

  1. Data Protection

By placing an order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement. E.J. Verdi fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Statement and Cookie Policy, which are incorporated into and form part of these Terms.

  1. Assignment, Subcontracting etc

We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

  1. Amendments to these Terms

We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.

  1. Events beyond our Reasonable Control

We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.

  1. Severance

Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.

10. Governing Law and Jurisdiction

These Terms and all transactions relating to the Website are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts.

11. Entire Agreement

(11.1) These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.

(11.2) We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms.

(11.3) Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.

12. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section 12 does not affect your statutory rights.

13. Notices

All notices given by you to us must be sent to the postal address or email address outlined in Section A above or via our contact form. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section D(13) above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. Waiver

(14.1) If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

(14.2) A waiver by us of any default shall not constitute a waiver of any subsequent default.

(14.3) No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section D(14) above.

15. Contracts (Rights of Third Parties) Act 1999

The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.