Terms of Service
1. Introduction
1.1 These Terms and Conditions govern your use of our website and your purchase of products offered on it.
1.2 Definitions for terms and interpretations used in these Terms and Conditions can be found in section 26.
2. Acceptance
2.1 By using our website or placing an order, you confirm that:
(b) You have the legal authority to enter into a binding agreement with us;
(c) No laws or agreements prevent you from entering into this contract with us.
2.2 We may request written confirmation of your authority to accept these terms.
2.3 You confirm that:
(a) You have never been convicted of a computer or internet-related crime;
(b) You have not been previously denied access to our website or products.
2.4 We reserve the right to deny access to our website if we determine it's necessary or appropriate.
2.5 By placing an order, you confirm that:
(a) You have read and understood these Terms and Conditions;
(b) Your purchase is based solely on these Terms and Conditions;
(c) Any order confirmation will also be based on these Terms and Conditions;
(d) You agree to be bound by these Terms and Conditions.
2.6 If you do not accept these Terms and Conditions, you are not permitted to use the website or purchase products.
2.7 To submit information via our website or make a purchase, you must expressly accept these Terms.
2.8 By visiting our website, making a purchase, or accepting these Terms and Conditions:
(a) You also accept our Privacy Policy;
(b) You agree to comply with our Acceptable Use Policy (see Section 12 for details).
2.9 We recommend saving a copy of these Terms for your records.
2.10 If you do not accept these Terms and Conditions, you cannot place an order or communicate with us.
3. Personal Use
You agree to use the website to purchase products only for your personal, non-commercial use and not as an agent for anyone else.
4. Prices
4.1 We strive to ensure that all product details, descriptions, and prices on our website are accurate. However, errors may occur. If a pricing error is discovered, we will notify you promptly and offer you the option to confirm the order at the correct price or cancel it. If we cannot contact you or don't receive a response, the order will be considered canceled, and you will receive a full refund. If you confirm the order, we will proceed with delivery and charge or refund the amounts specified in our communication following your order confirmation.
4.2 We are not obligated to fulfill your order if the price listed on the website is incorrect, even after the order has been confirmed.
4.3 Prices are subject to change, but such changes will not affect orders for which a confirmation has already been sent.
5. Placing an Order
5.1 Once you place an order, it is subject to stock availability. If the items are in stock, you will receive an order confirmation, which confirms our acceptance of your order. If there are any delivery issues or insufficient stock, we will notify you by email and refund the full amount paid for the order.
5.2 The contract is formed only when we send you an order confirmation, and it applies only to the products listed in that confirmation. These Terms and Conditions are an integral part of the contract and override any other terms.
5.3 If your order includes multiple products, they may be shipped separately on different dates.
5.4 We reserve the right to remove products from our website at any time. We may also change or remove content from the website and are not responsible for such changes or removals.
5.5 We reserve the right to refuse or cancel an order at any time, even after sending an order confirmation. We will not be held liable for any order rejection or cancellation.
5.6 If you cancel your order after we have received payment (even after we have sent an order confirmation), we will refund the full amount paid for your order.
6. Payment
6.1 Payments for products can be made using one of the payment processors available on our website.
6.2 You may also apply a promotional voucher to pay for part or all of your order. Promotional vouchers must be entered during checkout.
6.3 We use payment processors to handle payments between you and us. By making a purchase, you agree that we can share your information, including personal data, with the payment processors.
6.4 We are not a regulated payment processor or financial services provider and are not responsible for payment errors or issues caused by the payment processors.
6.5 You are responsible for providing accurate information during the payment process. All payments must be made using your own funds. By placing an order, you confirm that:
(a) The payment method used is yours;
(b) You are the legal holder of any promotional vouchers used;
(c) You have sufficient funds or credit to cover the order.
6.6 We are not responsible for unauthorized use of your credit, debit, or prepaid cards by third parties, even if the cards have been reported stolen. We reserve the right to report fraudulent payments or illegal activities to the relevant authorities (including credit reference agencies).
6.7 You may not:
(a) Attempt to initiate a chargeback for any payment made for products;
(b) Cancel payments made for products.
6.8 You agree to indemnify us against any claims resulting from a chargeback or payment reversal, as well as any losses, costs, liabilities, or expenses incurred due to such actions.
7. Delivery
7.1 We strive to deliver your order to the address you provide when placing your order.
7.2 When you place your order, we will provide an estimated delivery date.
7.3 If there is a delay in delivery, we will notify you if we cannot meet the estimated delivery date. However, we will not be liable for any losses, costs, damages, charges, or expenses resulting from a delivery delay, unless legally required to do so.
7.4 Not all delivery locations may be available. If we cannot deliver to a specified location, we will inform you and either cancel the order or arrange delivery to an alternative address provided by you.
7.5 The risk of the product passes to you once it is delivered to the specified address. If delivery is delayed due to a breach of your obligations under these Terms and Conditions, the risk will pass at the time when delivery would have occurred had you not breached the contract.
7.6 If you are unable to accept delivery or collect your order, we may leave an information card with instructions for re-delivery or collection from the carrier.
7.7 In case of delivery delays or refusal of delivery, we will charge you for any reasonable fees and costs associated with returning your order to the sender, without affecting our other rights.
8. Cancellation or Change of Order
8.1 Once you place an order on our website, you can cancel or amend it by sending us an email.
8.2 Since we operate a fully automated system, orders are processed immediately after being placed. Therefore, we cannot interrupt the shipping process. Refunds before receiving the goods are only possible within 24 hours of placing the order.
9. Defective Products
9.1 The products are standard products, not tailored to your specific requirements.
9.2 All product descriptions, information, and materials on our website are provided "as is," without any express or implied warranty or representation.
9.3 Product images may differ slightly from the actual product you receive.
9.4 If you receive a faulty product, you can email us with details about the product that needs to be returned, including a photo of the defect.
9.5 The product can be returned in accordance with the procedure outlined in Section 10.
9.6 Once we receive the returned product, we will inspect it. The processing time for a refund depends on the specifics of your order.
9.7 We will notify you by email if we determine the product is faulty.
9.8 In the case of a defective product, our sole liability will be, at our discretion:
(a) Replacing the product and covering the cost of delivery to your address. You will need to return the faulty product, and we will send the replacement to your delivery address; or
(b) Refunding the amount corresponding to the cost of the product and covering the return of the defective product. The refund will be made to the payment method used for the order.
9.9 If we determine the product is not defective, we may not refund the purchase price. We also reserve the right to charge you for reasonable service fees, which may be deducted from the payment method used for the order. We will not be liable for any losses, liabilities, costs, damages, charges, or expenses related to this, to the extent permitted by law.
10. Returns and Refunds
10.1 Our returns policy is an integral part of these General Terms and Conditions, which govern your access to and use of our website.
10.2 If you are not completely satisfied with your order, you can email us with details about the product you wish to return. You may return the product within 30 days from the day you, or a third party (other than the carrier), who received the product, took physical possession of it.
10.3 The cost of return and any related fees are the responsibility of the customer.
10.4 To apply for a refund, we must receive the returned product. The product will be assessed upon receipt.
10.5 The product must be returned in the same condition in which it was received, in appropriate packaging. The product must be unused, with intact labels, and in its original packaging. If the product is returned in an improper condition, we reserve the right to refuse the return.
10.6 The processing time for returns depends on the specifics of your order.
10.7 If the returned product meets our requirements, we will confirm the return by email. The refund will be processed immediately to the payment method used for the order after receiving approval for the return.
10.8 The refund is considered complete when we physically receive the returned product.
11. Coupons
11.1 You may use our promotional or discount coupons when paying for products on our site.
11.2 To redeem a coupon or apply a discount, you must enter the coupon or discount code on the checkout page when placing your order.
11.3 Once you enter and apply a coupon or discount code, the discount will be applied to the total order amount on the checkout page.
11.4 Only one promotional or discount coupon can be redeemed or applied per order.
11.5 The promotional voucher balance is non-interest bearing and has no cash value.
11.6 If the promotional voucher balance is insufficient to cover the total order amount, the remaining difference can be paid using other available payment methods on the site.
11.7 In the event of a return of an order where a promotional coupon was applied, the value of the coupon will not be refunded. However, if part of the payment was made using another payment method, that portion may be refunded.
12. Permitted Use
12.1 You are prohibited from:
(a) Using our website in any way that may cause damage to our website or affect its performance, availability, or accessibility;
(b) Using our website in any unlawful, fraudulent, or harmful way, or engaging in unlawful activities;
(c) Using our website to store, transmit, or distribute any material containing malicious software, such as viruses, Trojans, worms, or keyloggers;
(d) Conducting automated data collection (scraping, data mining, harvesting) on our site without our written consent;
(e) Accessing our website using any robot, spider, or other automated means;
(f) Violating any rules set out in our site's robots.txt file;
(g) Using data from our site for direct marketing, including email marketing, SMS marketing, telemarketing, or direct mail;
(h) Using data from our website to contact individuals, companies, or organizations;
(i) Using our site or devices without proper authorization;
(j) Using our website for hacking attacks or sending malicious network messages;
(k) Copying, publishing, modifying, translating, or decompiling the source code of our website without consent;
(l) Using our site to develop competitive or comparative products or services;
(m) Selling, transferring, or sublicensing access to our website to third parties;
(o) Allowing third parties to access our site using a private computer network;
(p) Editing or modifying any content or copies of materials from our website in an unauthorized manner;
(q) Using our website in a manner inconsistent with applicable law;
(r) Submitting unauthorized inquiries or orders;
(s) Placing speculative, false, or fraudulent orders.
12.2 You accept responsibility for any damages, losses, liabilities, costs, or expenses that may result from any activities prohibited by you.
12.3 If you become aware of any prohibited activities, you agree to notify us immediately and assist in any investigations.
12.4 You must ensure that all information you provide via our site is:
(a) True, accurate, current, complete, and not misleading;
(b) Consistent with applicable law;
(c) Does not violate the privacy, data protection, or rights of any third party;
(d) Is not offensive, pornographic, defamatory, illegal, or otherwise harmful.
12.5 You must provide us with access to the required documents or information to verify your identity and promptly update your details.
12.6 It is your responsibility to ensure compliance with all legal requirements related to your use of our website.
12.7 In the event of any breaches of the Terms of Use, please contact us by email so we can take appropriate action.
13. Links to Our Website
13.1 Links from our site to other websites and resources provided by third parties are for informational purposes only. These links should not be considered as a recommendation or endorsement of those websites or resources or any information obtained from them.
13.2 You acknowledge and agree that we have no rights or control over the content of any other websites or resources linked to or from our site.
13.3 You may link to our homepage, provided you do so in a fair and legal manner that does not damage our reputation or take advantage of it.
13.4 You must not establish a link in a manner that suggests any form of association, approval, or endorsement by us where none exists.
13.5 You must not link to our site from any website that is not owned by you.
13.6 You must not frame our site on any other website or create a link to any part of our site other than the homepage.
13.7 We reserve the right to withdraw linking consent without prior notice.
13.8 The website you are linking to must comply with all the content standards set out in our Acceptable Use Policy (see paragraph 12 above).
13.9 Please contact us to obtain our prior consent for any link to our Website that does not comply with this paragraph 13.
14. Intellectual Property Rights
14.1 The code, structure, and organization of our website are protected by intellectual property rights.
14.2 We are the owner or licensee of all intellectual property rights in our website, its content, and the material published on it. These works are protected by applicable laws and treaties worldwide. All such rights are reserved.
14.3 You may use the content of our website and all materials on it solely for your personal, non-commercial use in accordance with these terms and conditions. The content of the website also includes materials related to the products.
14.4 You undertake to notify us of any alleged infringement of our intellectual property rights.
14.5 You must not use our trademarks without our prior written consent unless they form part of the material that you use in accordance with paragraph 13 (and which you reproduce exactly).
15. Protection of Personal Data
15.1 Our Privacy Policy forms part of these Terms and Conditions, which govern your access to and use of our website.
15.2 We use cookies on our website, including cookies to track visitors' preferences. By accepting these Terms and Conditions, you consent to our use of cookies for this purpose. Further information about cookies can be found in our Privacy Policy.
15.3 If you provide us with personal data, we will process it in accordance with your instructions and take appropriate security measures to protect that data against unauthorized processing, loss, destruction, or damage.
15.4 Unless appropriate security measures are in place or agreed upon in writing, information and documents related to product sales transactions may be exchanged between us, including in electronic form, with our employees, management, advisors, or representatives.
16. Viruses
16.1 We do not guarantee that our website will be error-free or free from viruses.
16.2 It is your responsibility to ensure that the information technology, computer software, and platform you use to access our website are properly configured. You should use your own anti-virus software.
16.3 You must not misuse our site by introducing viruses, trojans, worms, logic bombs, or other materials which are malicious or technologically harmful.
16.4 You must not attempt to gain unauthorized access to our website, the server on which our site is stored, or any server, computer, or database connected to our website.
16.5 You must not conduct any attacks on our website, such as a denial-of-service attack or a distributed denial-of-service attack.
16.6 If we suspect a breach of this Section 16, your right to use our website may be withdrawn immediately. If necessary, we will report the breach to the appropriate law enforcement authorities in accordance with applicable law.
17. Responsibility
17.1 To the maximum extent permitted by law, we exclude our liability for any losses incurred by you or any third party arising from:
(a) Content provided by third parties or user content;
(b) Our content, in particular its accuracy, completeness, and currentness;
(c) The products, including quality, illustrations, descriptions, specifications, conformity with description, and fitness for purpose;
(d) Reliance on information contained in these Terms and Conditions or on our website, including any functionality made available under these Terms and Conditions;
(e) Inability to access our website or any part of it, interruption, malfunction, or failure;
(f) Delays or failure to perform our obligations due to circumstances beyond our reasonable control, such as telecommunications failures, power cuts, acts of terrorism, strikes, bad weather, computer failures, supply shortages, strikes, and absence of employees due to illness or accidents. In such cases, the time for performance will be extended accordingly.
17.2 We will not be liable for any lost profits, business opportunities, goodwill, savings, or benefits or for any indirect, special, or consequential damages, even if they were foreseeable or the party had knowledge of the possibility of their occurrence.
17.3 Our liability arising directly or indirectly under these Terms of Trade is limited to the greater of $1,000 or five times the price paid by you for the products related to the claim. This amount will be reduced by any unpaid debts.
17.4 Any claim arising in breach of contract, tort, or any other legal theory must be brought within one year of the event that caused the loss or expense.
17.5 We shall not be liable to you or any other person in respect of the performance by our staff, managers, or consultants of any obligations under these Trading Terms.
17.6 We exclude all contractual and non-contractual warranties and all implied warranties regarding quality, conformity with description, and fitness for a particular purpose to the fullest extent permitted by law.
17.7 Claims against us can only be made in the event of an act or omission on our part involving a sequence of events relating to the same matter.
17.8 The limitations of liability apply to our entire services or products, and there are no separate limitations of liability for you or other persons in your group.
17.9 If we are jointly liable with another party, our liability is limited to the part corresponding to our fault. We are not liable for the part of the other party's fault.
17.10 Where liability is limited, it applies for the entire provision of services or supplies of products and there are no other separate limits for a group of users.
17.11 Our liability is reduced by the amount that another party would incur if claims were brought against that party or if we had brought civil liability proceedings.
17.12 The exclusions of liability do not apply to situations where other parties are liable but claims cannot be brought against them due to limitation, lack of funds, or other circumstances.
17.13 The exclusions of liability do not apply to death or personal injury caused by our negligence, fraud, gross negligence, or any other cases where liability cannot be excluded or limited by law.
17.14 These provisions constitute a complete list of the remedies available to a party under these Trading Terms.
18. Liability for Damages
18.1 You agree to fully indemnify the entitled parties from and against all claims, costs, and losses related to:
(a) A material breach of these Trading Terms;
(b) Dishonesty, negligence, misconduct, or gross negligence on your part;
(c) Your use of our website.
18.2 We reserve the right to claim reimbursement of the costs associated with a claim for damages that we have incurred in connection with such a claim. These costs are payable on demand.
19. Force Majeure
19.1 If a force majeure situation lasts longer than one week, we reserve the right to terminate the contract immediately by written notice, without any obligation other than the refund of any products paid for but not delivered.
19.2 We reserve full discretion in resolving cases of force majeure to fully fulfill our obligations under these general terms and conditions.
20. Changes
20.1 We have the right to make changes to these general terms and conditions. We will inform you in good time about any significant changes that may negatively affect you. The applicable terms and conditions apply to the use of our website and the products offered via it.
20.2 If you do not accept the amended terms and conditions, please stop using our website and purchasing our products.
20.3 If you have agreed to the current general terms and conditions, we will ask you to agree to the new version of the terms and conditions before your first purchase after the changes. If you do not accept them within the specified time period, please stop using our website and shopping.
21. Violations by Users
21.1 Without prejudice to our other rights under these terms and conditions, if you breach this contract or we have reasonable grounds to suspect a breach, we may take any of the following actions:
(a) Send you a formal warning or more than one warning;
(b) Temporarily block your access to our website;
(c) Temporarily suspend the processing of your order;
(d) Refuse to accept payment;
(e) Permanently block your access to the website;
(f) Block computers using your IP address from accessing our site;
(g) Contact your internet service providers to request that they block your access to our site; or
(h) Take legal action against you, whether for breach of contract or otherwise.
21.2 If your access to our website or parts of it is blocked, you must not attempt to circumvent this blocking.
22. Termination and Suspension
22.1 You may discontinue using our website at any time.
22.2 We reserve the right to suspend the provision of services via our website at any time and for any reason, with or without notice.
22.3 Without prejudice to paragraph 22.2, we may suspend or terminate your access to our website if your use of it would give rise to any legal liability or be likely to disrupt the experience of other users.
22.4 In the event that we suspend or terminate your access to the website, we will give you reasonable notice. However, if an emergency requires immediate action, we may suspend or terminate your access to the website without notice.
22.5 We do not guarantee that our website will always be available or uninterrupted. For operational or business reasons, we may interrupt, suspend, remove or limit the availability of the website or parts of it. We will inform you of any such changes in a timely manner. In the event of interruption, suspension, removal, or change of the website, you are not entitled to compensation or other payments.
23. Consequences of Termination
23.1 Termination of these general terms and conditions immediately terminates all obligations related to the services provided to the customer.
23.2 In no event shall you be entitled to claim compensation from us for any loss of rights, loss of business assets, or any other loss resulting from the termination of these general terms and conditions for any reason.
23.3 Termination of these general terms and conditions does not affect any rights that already exist or any provisions that are intended to survive termination, including sections 17 (Liability) and 18 (Indemnity), which shall survive termination.
24. General Provisions
24.1 You may not transfer any of your rights under these general terms and conditions.
24.2 The rights, powers, and remedies provided for in these general terms and conditions are cumulative (unless expressly stated otherwise) and do not exclude other rights, powers, and remedies provided for by law or otherwise.
24.3 We entrust the hosting of the website to a third party.
24.4 If the validity or applicability of any provision of these general terms and conditions is in any way restricted by applicable law, that provision shall remain valid and shall apply to the maximum extent permissible under such law. The invalidity or unenforceability of such a provision shall not affect the validity or enforceability of the remaining provisions.
24.5 Failure to exercise or delay in exercising any right, power, or remedy under these Terms and Conditions or the law shall not constitute a waiver of that right, power, or remedy. If we waive the enforcement of a breach of any provision of these Terms and Conditions, this shall not constitute a waiver of any future breach of that provision or any other provision.
24.6 The exercise of rights by the parties under these general contractual terms and conditions is not dependent on the consent of a third party.
24.7 These general terms and conditions apply to you and us and are not intended to benefit or be enforceable by third parties.
25. Applicable Law
25.1 These general terms and conditions, their subject matter, and their formation (including any non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of the Netherlands.
25.2 Any dispute, controversy, dispute, or claim (including non-contractual disputes or claims) arising out of or in connection with these general terms and conditions, including the existence, validity, interpretation, performance, breach, or termination of these general terms and conditions, or any dispute relating to non-contractual obligations arising out of or in connection with these general terms and conditions, shall be submitted to and finally settled by arbitration administered by Hong Kong. The laws of Hong Kong shall apply. The seat of the arbitration court shall be in Hong Kong. The number of arbitrators shall be one. The arbitration shall be conducted in English.
26. Interpretation
26.1 In these general terms and conditions:
- "Contract" means your order for one or more products in accordance with these terms and conditions of sale, which we accept in accordance with clause 4.3;
- "Customer" means any natural person placing an order on the website;
- "Delivery Address" means the delivery address specified in the relevant order;
- "Estimated Delivery Date" means the expected date of delivery of the order;
- "Force Majeure" means an event or circumstance that prevents or delays our performance of an obligation under these terms and conditions of sale and is not within our control. An event or circumstance results from a cause beyond our reasonable control and is not the result of our failure to exercise due diligence in preventing such failure or delay, and includes war or threat of war; force majeure; natural or nuclear disasters; riots or civil unrest; pandemics; acts of terrorism; malicious acts; fire or flood; compliance with new law or decision of a governmental or judicial authority; closure of airports or ports; or commercial disputes unrelated to the party affected by the event or situation leading to a stoppage or slowdown in work;
- "Indemnified Parties" means us, our related companies and their respective directors, employees, contractors, and agents;
- "Intellectual Property" means all intellectual property rights including patents, trademarks, design rights, copyright, database rights, trade secrets, and any similar rights;
- "Order" means the order placed by you through our website to purchase one or more products from us;
- "Order Confirmation" means the email sent to you confirming your order in accordance with clause 4.3;
- "Payment Services Provider" means any third-party payment processing service provider we engage;
- "Product" means the product offered on our website;
- "Website" means the website;
- "Website Infrastructure" means all of our systems (including code) that enable, deliver or describe the website.
26.2 References to “clauses” refer to the clauses of these general terms and conditions.
26.3 Headings are for readability purposes only and do not affect the interpretation or structure of these general terms and conditions.
26.4 Words expressing the singular include the plural and vice versa. Words expressing gender include any gender, and references to persons include individuals, companies, enterprises, or partnerships.
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Contact information:
Email: info@elsbrookliving.com
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Company information:
Elsbrook Living
Adress: 47 Aire St, Leeds, LS1 4HT, United Kingdom
Email: info@elsbrookliving.com
Contact form: https://elsbrookliving.com/pages/contact
Telephone number: +44 07586584089
Our customer service team is at your service from Monday to Friday, from 9 AM to 5 PM. We aim to answer all emails within 24 hours.