Terms & Conditions
Consumer Terms and Conditions of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND KEEP A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Emano Limited, whose registered office is at 8 Millers Close, Ruardean Hill, GL17 9AU, Gloucestershire, registered in England and Wales number 06733642 („Emano Ltd”).
1.2 No contract exists between you and Emano Ltd for the sale of any goods until Emano Ltd has received and accepted your order and Emano Ltd has received payment in full (in cleared funds). Once Emano Ltd does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment has been taken and you have received your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is then subject to these terms and conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 In relation to future sales, Emano Ltd may change these terms of sale without notice to you.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on Emano Ltd’s website at the time you place your order (or at the time of ordering).
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Emano Ltd will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on Emano Ltd’s website are accurate at the time you place your order. If an error is found, Emano Ltd will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If you cancel, Emano Ltd will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3.1 Payment for the goods and delivery charges can be made by any method shown on Emano Ltd’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by Emano Ltd to you.
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries cannot be made outside the United Kingdom.
4.2 Orders will be processed within three working days from the date the payment is made provided all relevant stock items are available. We usually send the goods via first class Royal Mail. If you wish to receive the goods quicker, by any other courier or you wish to receive the goods abroad, please contact us to agree terms and conditions. A working day is any day other than weekends and bank or other public holidays.
4.3 If delivery cannot be made to your address for reasons under Emano Ltd’s control Emano Ltd will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If delivery cannot be made to your address for reasons under your control i.e. errors in the postal address, Emano Ltd will inform you as soon as possible about the error. The goods shall not be dispatched until Emano Ltd receives the correct postal address from you.
4.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. Emano Ltd will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, Emano Ltd will inform you as soon as possible.
4.6 The postal and packaging charges are usually included in the price shown for a product. We use Royal Mail for all our postal services and we are subject to their terms and conditions.
Please allow 21 working days for your order to arrive, although in most cases the goods are delivered within 2 working days from the date of your order. Every effort is made to ensure that your order arrives as soon as possible. Emano Ltd shall not be held responsible for the damage of the goods during delivery.
4.7 If you ordered several items to be delivered to the same address, we may send them to you in separate packages in order to provide the fastest service. This will not affect your delivery charges if you are liable to pay them.
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until Emano Ltd has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to Emano Ltd from you on any account.
5.3 Emano Ltd shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from Emano Ltd.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to Emano Ltd) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Emano Ltd’s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in intact condition and keep them insured on Emano Ltd’s behalf for their full price against all risks to the reasonable satisfaction of Emano Ltd. On request you shall produce the policy of insurance to Emano Ltd; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for Emano Ltd and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 3 working days after receipt of the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to Emano Ltd by letter or e-mail, giving details of the goods ordered and (where appropriate) their delivery. Notification by telephone is not sufficient.
7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Emano Ltd at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. The goods cannot be used, damaged or copied. Audio, video and multimedia products must remain in their original packaging.
7.4 Once you have notified Emano Ltd that you are cancelling the contract, Emano Ltd will refund or re-credit you within 10 working days for any sum that has been paid by you or debited from your credit card for the goods.
7.5 If you do not return the goods as required, Emano Ltd may charge you a sum not exceeding the direct costs of recovering the goods.
8. Limitation of Liability
8.1 Emano Ltd’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
8.2 If you are a business customer Emano Ltd shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
9. Data Protection
Emano Ltd will take all reasonable precautions to keep the details of your order and payment secure but unless Emano Ltd is negligent, Emano Ltd will not be liable for unauthorised access to information supplied by you.
If you have any complaints about our product or service please contact us via telephone, email or post. We will respond to you as soon as possible.
11. Applicable Law
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
Product images are for illustrative purposes only.
8 Millers Close
Drybrook, GL17 9AU
Registered in England and Wales with number 06733642
Registered VAT number 929 3276 95
Telefon/Phone 07871 410164