“Force Majeure” means any event affecting the performance by ELF Design or Emma Louise Farrow of its 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.
“ELF Design”, “we’ or “us” means ELF Design and/or Emma Louise Farrow.
“Working days” means Monday to Friday, excluding Bank or other Public holidays.
All contracts of online sale made by ELF Design shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms.
By submitting an order form, you are making an offer to purchase goods which, if accepted by ELF Design, will result in a binding contract. We will confirm that we have accepted your order by confirmation email. All orders are subject to acceptance and to availability of the goods ordered. We are entitled to refuse any order placed by you until we have expressly accepted it. This may happen, for example, if an item is not in stock or is otherwise unavailable. ELF Design will inform you of any cancellation as soon as possible following receipt of your order.
You undertake that all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct.
We reserve the right to change prices without prior notice.
Delivery, Title and Risk
Any date stated for delivery is an estimate only. ELF Design makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time. If ELF Design is unable to despatch the goods within 28 days of the date of order, you will, as your sole remedy, be entitled to cancel the order and require any monies paid to ELF Design in respect of that order to be refunded. In order to cancel, you must send written notice of cancellation to ELF Design after the 28 day period, but before delivery of the goods or notification from ELF Design that the goods are ready for delivery or have been dispatched. Where part of an order has been despatched within 28 days only the undelivered items may be cancelled.
ELF Design does not accept liability for shortages or damage to deliveries unless you notify ELF Design of the shortage or damage in writing or email within 4 days of receipt of the delivery and return the goods within 7 days of receipt.
Delivery is deemed to take place when the goods are delivered to your nominated address. Ownership of the goods, all risk associated with the goods including loss, breakage and damage and all other risks shall pass to you on delivery.
Payment can be made by any major credit or debit card through PayPal, or by using PayPal itself. First orders are proforma: payment will be debited and cleared from your account before the despatch of your order. For subsequent orders, payment is due 21 days from delivery.You confirm that you are entitled to pay using the credit/debit card details supplied to us. All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
Goods advertised are sample pieces. ELF Design reserves the right to supply the goods subject to variations in actual dimensions and specifications, without prior notice, as the items are made individually by hand and slightly differ according to the items and products used.
If ELF Design cannot supply the goods ordered, we reserve the right to offer goods of equal or superior quality at no extra cost. In such a case, if you do not wish to accept the alternative goods offered, you may cancel the order (within 7 days of receiving the goods) and will be entitled to a refund of any money paid to ELF Design in respect of that order. This shall be your sole remedy in these circumstances.
Warranties and Returns
ELF Design is committed to providing our customers with the highest quality products and service. However, as the products are handmade, some items may be found to be faulty or defective. In such cases, we offer a refund provided we are notified of the defective goods within 4 days and the goods are returned within 7 days.
In the event that ELF Design agrees to make a refund it will be made as soon as possible but in any event within 30 days provided that the goods are returned and are in the same condition as they were when delivered to you.
Where, in spite of its reasonable efforts, ELF Design is unable to perform an obligation due to Force Majeure, we shall not be deemed to be in breach of this Agreement.
by agreeing to these terms and conditions you agree that any trade information, particularly related to pricing, remains strictly confidential and may not be passed to any third party without agreement from ELF Design in writing.
The design of all items and products shown on this website is subject to copyright. Under no circumstances may you re-use any of the information on this site, and no copying of the designs is permitted. Please respect the designers’ time in creating these items.
Errors and Omissions
ELF Design makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However it is inevitable that mistakes will occasionally occur. In the case of an error or omission that has an effect on a customer’s order, ELF Design will contact the customer to inform them of the error and include the correction in the invoice.
Limitations on Liability
These provisions set out our entire financial liability to you in respect of any breach of these conditions, any use or resale by you of the goods, and any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
ELF Design shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.
Subject to the provisions of this clause above, ELF Design’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 of the goods supplied under this Agreement.
Nothing in these conditions excludes or limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Nothing in these terms and conditions affects your statutory rights.
If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
- Any waiver of a breach of this Agreement must be in writing
- Any variation of this Agreement must be in writing and signed by ELF Design.
- The headings are for convenience only and shall not affect the interpretation of this Agreement.
- Any notices given under this Agreement shall be in writing and sent:
- by first class pre-paid post to the last known address of the party; or
- by fax to their last known fax number; or
- by e-mail to the last notified e-mail address of the party.
The notice shall be deemed served:These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts
- two working days after posting; or
- upon receipt of a successful fax transmission report; or
- after system confirmation of e-mail delivery
ELF Design reserves the right to change or amend these terms and conditions at any time and without prior notice.