Application

  1. These Terms and Conditions will apply to the purchase of goods or services by you (the Customer) from Emma Vaughan trading as Emma Connolly (the Supplier or us or we).
  2. These are the Terms on which we sell all Goods or Services to you. By ordering any of the Goods or Services, you agree to be bound by these Terms and Conditions.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
  3. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
  4. Goods means any goods that we supply to you, of the number and description as set out in the Order;
  5. Order means the Customer’s order for the Goods from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance
    of the Supplier’s quotation.

Goods

  1. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for
    illustrative purposes only and there may be small discrepancies in colour or size.
  2. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.

Basis of Sale

  1. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to
    sell the Goods.
  2. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
  3. A Contract will be formed for the Goods ordered, only upon the Supplier’s written acceptance of the Order or if earlier, the Supplier’s delivery
    of the Goods to the Customer.
  4. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
  5. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the
    variation is agreed by the Customer and the Supplier in writing.
  6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the
    Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was
    made by the Customer in the Supplier’s and me Customer’s simultaneous physical presence away from those premises, or (ii) made
    immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical
    presence away from those premises. If this is not me case, you must tell us, so that we can provide you with a different contract with terms
    which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer
    protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in me case of
    movable retail premises, on a usual basis.

Price and Payment

  1. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set Out in
    our price list current at me date we accepted tile Order or such other price as we may agree in writing.
  2. Prices and charges include VAT at the rate applicable at the time of the Order.
  3. Payment for Goods must be made within 7 days of invoice. You must pay in cash or by submitting your credit or debit card details with your
    Order and we can take payment Immediately or otherwise before delivery of the

Delivery

  1. We will deliver the Goods to the Delivery Location by me time or within me period agreed, or failing any agreement, without undue delay and,
    in any event, not more than 30 days after me day on which me Contract is entered into.
  2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat
    the Contract at an end if:

a we have refused to deliver the Goods, or if delivery on time is essential taking into account all me relevant circumstances at the time the
Contract was made, or if you told us before me Contract was made that delivery on time was essential; or

  1. after we have failed to deliver on time, you have specified a later period which is appropriate to me circumstances and we have not
    delivered within that period.
  2. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  3. If you were entitled to treat me Contract at an end, but do not do so, you are not prevented from cancelling me Order for any Goods or rejecting
    Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the
    Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you
    and we will pay me costs of this.
  4. If any Goods form a commercial unit (a unit is a commercial unit if division of me unit would materially impair the value of me goods or the
    character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest
    of them.
  1. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If,
    however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
  2. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above
    provisions and provided you are not liable for extra charges.
  3. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs
    of storing and redelivering them.
  4. The Goods will become your responsibility from the completion of delivery or Customer col You must, if reasonably practicable,
    examine the Goods before accepting them.

Risk and Title

  1. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can
    choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us
    to collect them.

Withdrawal and cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason,
    and without incurring any liability.
  2. You can cancel tile Contract except for any Goods which are made to your special requirements by telling us no later than 7 days after the
    Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must
    return to any of our business premises the Goods in undamaged condition at your expense. Then we will without delay refund to you the price
    for those Goods, but we can retain any separate delivery char This does not affect your rights when the reason for the cancellation is any
    defective Goods.

Conformity

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following
    obl
  2. Upon delivery, the Goods will:
  3. be of satisfactory quality
  4. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us
    (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or
    set out in the Contract; and
  5. conform to their description.
  6. It is not a failure to conform if the failure has its origin in your materials.

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:
  2. the party will advise the other party as soon as reasonably practicable; and
  3. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be
    liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the
    right to cancel below.

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal
    information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy
    which can be found on emmaconnolly.me.
  3. For the purposes of these Terms and Conditions:
  4. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive
    95/46/EC (Data Protection Directive) or the GDPR.
  5. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/
  6. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in tile GDPR.
  7. We are a Data Controller of the Personal Data we Process in providing the Goods to y
  8. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods

to you, we will comply with our obligations imposed by tile Data Protection Laws:

  1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  2. we will only Process Personal Data for the purposes identified;
  3. we will respect your rights in relation to your Personal Data; and
  4. we will implement technical and organisational measures to ensure your Personal Data is secure.
  5. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following email address:
    info@emmaconnolly.me.

Excluding liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or
    breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable forti) loss which was not reasonably foreseeable to
    both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which
    would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business,
    trade, craft or profession).

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland,
    in the courts of respectively Scotland or Northern Ireland.