TERMS & CONDITIONS
This website is operated by THE EAST INDIA COMPANY COLLECTIONS LIMITED, registered in England and Wales with company number 07352505 whose registered office is 94 New Bond Street, London, W1S 1SH, United Kingdom. Contact email address is firstname.lastname@example.org
Throughout the site, the terms “ Company”, “we”, “us” and “our” refer to THE EAST INDIA COMPANY COLLECTIONS LIMITED who offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms and Conditions constitute a binding agreement between the Company and you, the user, governing your use of this website and refer to all users of this website. By using and/or visiting this website, you agree to both these Terms and Conditions and any policies referenced herein and/or available by hyperlink.
Please read these Terms and Conditions carefully before accessing or using our website. You are only authorised to use our website if you agree to abide by all applicable laws and these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this website.
In these Terms and Conditions the following terms shall have the following meanings:
- “Account” means collectively the personal information, Payment Information and credentials used by Users to access Content and purchase Goods through the Web Site;
- “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
- “Goods” and “Products” means any product or products that the Company advertises or makes available for sale through this Web Site;
- “Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit and debit card numbers, bank account numbers and sort codes;
- “Phone Line” means our customer service telephone number, 02032053380 from inside the UK and +44 2032053380 from outside the UK, open between 09:30 and 17:30 BST Mondays to Fridays;
- “Service” means collectively any online or telephone facilities, tools, services or information that the Company makes available through the Web Site or Phone Line either now or in the future;
- “User”, “you”, means any party that accesses the Web Site or Phone Line and is not employed by or acting in the course of their employment with the Company;
- “Web Site” means the website that you are currently using (www.theeastindiacompany.com), which is owned and provided by the Company .
We must receive payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by us we will send you confirmation that the order has been received to the e-mail address you provide at the time the order was made. This is not an Order Acceptance from the Company. Our acceptance of your order takes place on the dispatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with the clause ‘Your Right to Cancel below.
Our acceptance of your order brings into existence a legally binding contract between you, the user, and the Company. Only adults (over the age of 18) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. By agreeing to these Terms of Service, you represent that you are not under the age of 18. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify do not use this site.
The prices payable for goods that you order are as set out in our website. All of our prices are in £ UK Pounds. You will be billed in £ UK Pounds and if you purchase from outside the United Kingdom, currency fluctuations and credit card charges may make a difference to the amount billed on your credit card.
You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out under Delivery on our website.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- Subject to 3. below, you may cancel your contract with us for the goods you order at any time up to the end of the fourteenth day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
- To cancel your contract you must notify us by e-mail at email@example.com.
- Your right to cancel your contract with us for the goods you have ordered is subject to:
- You notifying us by email within 14 days of receiving your goods and receiving a ‘Returns Authorisation’ from us.
- The item(s) must not be damaged, opened or tampered with and must be returned by special delivery to The Returns Department ( what address) in their original packaging in the same condition in which you received them, and at your own risk. You must take reasonable care of the Products while they are in your possession.
Notwithstanding your Right to Cancellation you will not have any right to cancel a Contract for the supply of any Products which have been personalised or those Products which cannot be returned for hygiene reasons (unless faulty)
In the event of any cancellation by you of the Contract you shall indemnify us for all losses, charges, costs and expenses (including legal expenses) which we may suffer or incur as a result of or in connection with any such cancellation including, without limitation, arising out of any adverse movement of the underlying metal price in respect of the Products. If you are a consumer user, this means you will be responsible for any loss or damage we suffer.
We process returns in accordance with our Returns Policy. Please click here to view our Returns Policy
4. Once you have notified us that you are cancelling your contract, any sum debited from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, in the way detailed above, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
We reserve the right to cancel the contract between you and us if (I) we have insufficient stock to deliver the goods you have ordered; (II) we do not deliver to your area; or (III) one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. If we cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
- We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used.
- We are unable to change the delivery addresses for parcels once the order has been placed. Please note that any changes you make to your account after placing an order will not take effect immediately and won’t apply to orders already placed.
- We aim to deliver your order by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 30 days of the date of the dispatch confirmation email. In the unlikely event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 30 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded any amounts paid by you for that order. Please see our Returns Policy for more information on your right to cancel.
- All orders are delivered using a Special Delivery postal or courier service. Please see Delivery and Shipping Information for delivery costs by destination and item type
- You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. If you decide to return the product(s) to us for a refund or exchange in accordance with our Returns Policy, risk will remain with you until we have received the returned product(s) you have posted to us.
- If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.
- We make no promise that materials on our website are appropriate or available for use in locations outside the United Kingdom and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
- If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 7 working days of the delivery of the goods in question.
- If you do not receive goods ordered by you within 7 working days of the date on which you ordered them , we shall have no liability to you unless you notify us by email of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either (I) to make good any shortage or non-delivery; (II) to replace any goods that are damaged or defective; (III) to refund to you the amount paid by you for the goods in question in whatever way we choose.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under the clause mentioned in 2.3. above.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
- We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or postal service.
We will occasionally offer promotional codes (either directly or via third parties), promotional codes are non-transferrable and no cash alternative is available. We reserve the right to modify, alter, terminate or discontinue such promotions at any time for any reason whatsoever without notice and all promotional offers are subject to stock availability and are subject to change at any time.
Unless otherwise expressly stated, any promotional code offered on the website is valid only for use against a purchase made via the website, you must enter the promotional code during the checkout process when placing your order online otherwise the discount will not be applied to your order, promotional codes cannot be combined or used in conjunction with any other offers. If you have more than one promotional code it is up to you to use the promotional code that has the biggest benefit to you.
If returning an item from an order purchased with a promotional code applied, then the same discount will be applied to each item of your order that you return. Further, any free promotional gift given with an order must also be returned if you are returning the item(s) to which the gift is related.
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent by e-mail to firstname.lastname@example.org and all notices from us to you will be displayed on our website from time to time.
- Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- We may include hyperlinks on our website to other websites or resources operated by parties other than the Company, including advertisers. We are not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Where, in spite of its reasonable efforts, we are unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the customer.
Force majeure means any event affecting the performance by us of our obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
The material on this site is provided for general information only and any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website, should be taken to indicate that all information on the website has been modified or updated.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes. If you do not agree to any change to the terms and conditions, then you must immediately stop using this website.
Content and prices for our products are subject to change at any time. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. We reserve the right at any time to modify, suspend or discontinue the Service (or any part or content thereof) without notice at any time.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
You acknowledge you use any third party links entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which links are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website. Such new features and/or services shall also be subject to these Terms and Conditions.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (I) to maintain any comments in confidence; (II) to pay compensation for any comments; or (III) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using this website or its content: (I) for any unlawful purpose; (II) to solicit others to perform or participate in any unlawful acts; (III) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (IV) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (V) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (VI) to submit false or misleading information; (VII) to upload or transmit viruses, trojans, worms, logic bombs or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (VIII) to collect or track the personal information of others; (IX) to spam, phish, pharm, pretext, spider, crawl, or scrape; (X) for any obscene or immoral purpose; (XI) to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to our site. (XII) to attack the website via a denial-of-service attack or a distributed denial-of service attack; or (XII) to interfere with or circumvent any of the security features of this website, other websites, or the Internet.
We reserve the right to terminate your use of the service immediately for violating any of the prohibited uses and to report any such breaches of the Computer Misuse Act 1990 to the relevant law enforcement authorities and will cooperate fully with those authorities including disclosing your identity to them.
You expressly agree that your use, or inability to use, this website shall be at your sole risk. To the fullest extent permitted by law, the Company, any subsidiary, affiliate, director, officer, employee, consultant, licensor, distributor, supplier, agent, reseller, owner, or operator of the Company disclaim all warranties, express or implied, in connection with this website and your use thereof. We make no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of service to or from the website for indefinite periods of time or cancellation of the service at any time without notice, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. We do not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether spoken or written, obtained by you from us or through or from the service or the website shall create any warranty not expressly stated in these terms and conditions. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- In no event shall the Company, any subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of the Company be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of service to or from the website for indefinite periods of time or cancellation of the service at any time without notice, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the maximum extent permitted by law in the applicable jurisdiction.
- With regards to goods purchased by you, the liability of the Company, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of our obligations in connection with the use of the information provided under the Contract or Order, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser’ s customers; inventory or use charges; or incidental or consequential damages of any nature.
- This website is controlled and offered by the Company from the United Kingdom. We make no representation that this website is appropriate or available for use in other locations. Those who access or use this website from other jurisdictions do so at their own will and are responsible for compliance with local law.
You agree to indemnify, defend and hold harmless the Company and any subsidiary, affiliate, director, officer, employee, consultants, licensor, distributor, supplier, agent, reseller, owner, or operator of the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (I) your use of and access to this website; (II) your violation of any term of these Terms and Conditions; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; This defence and indemnification obligation will survive these Terms and Conditions and your use of this website.
The Company is the operator of www.theeastindiacompany.com . The content on this website is created by the Company and the trademarks, service marks and logos contained therein “Marks”, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Content on this website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of the Company or as expressly provided herein. We reserve all rights not expressly granted in and to this website and the content contained therein.
You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of our art obtained through this website for any commercial purposes. You agree not to download or print a copy of any art for personal or commercial use. You agree not to circumvent, disable, or otherwise interfere with security related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on use of this website or the content therein.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable (including any provision in which we exclude our liability to you), such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us by email at email@example.com that you no longer wish to use our services or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on this website. From time to time our site may contain technical inaccuracies or typographical errors.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Every transaction carried out is deemed to be completed within the United Kingdom. Therefore, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and shall be governed by and interpreted in accordance with the law of England and Wales.
18th June 2021