The Victorian Emporium Terms and Conditions

1. General
1.1. www.thevictorianemporium.com (“the Website”) is owned and operated by The Victorian Emporium Limited (“we”, “us”, “our”, “ourselves”). Our details are as follows:-
1.1.1. Company number: 07671058
1.1.2. Registered address/contact address: Stoke House, 133 Stoke Road, Linslade, Bedforshire LU7 2SR.
1.1.3. Place of registration: England & Wales
1.1.4. VAT registration number:130539340
1.1.5. Email contact: sales@thevictorianemporium.com
1.2. Your use of the Website and any service contained within constitutes acceptance of these terms and conditions. By accessing the Website and/or placing an order you agree to be bound by both these terms and conditions. You should note that these terms and conditions can be added to or amended at any time prior to our acceptance of your order and you shall be given the opportunity to agree to any additions or amendments.
1.3. These terms and conditions supersede all terms and conditions and shall replace any terms and conditions previously notified to you.
1.4. You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions.

2. Customer Information
2.1. When you use the Website, you will be asked to provide certain personal information such as your contact details including email address, credit card or other payment information. We will store the personal information that you provide to us but will not store credit or debit card information.
2.2. We shall during and after the conclusion or termination of the Contract keep confidential all information acquired from you or which becomes known to us in connection with the Contract for your business.
2.3. By ordering goods from the Website you are giving us your consent to pass details essential for processing your order to Worldpay. We will not store these payment details.
2.4. We will comply with the requirements of all Data Protection legislation in force in England and Wales from time to time.
2.5. You should always check that the contact information you provide is correct before proceeding to payment.
2.6. Our website is only intended for use by adults. We will not accept orders from anyone under the age of 18 years. By using the Website and/or placing orders, You confirm that You are aged 18 years or over
2.7. We will not offer or sell any personal information obtained to any third party. We will only use the information you have supplied us to confirm any order details, process your order and for the purpose of record keeping. We may use it from time to time to promote any special offers or services directly to you. If you would rather not receive this information please inform us by email at sales@thevictorianemporium.com.

2.8 We reserve the right to cancel an order where we deem the customer to have been unreasonable in terms of either their language and/or their demands.

3. Customer Complaints
3.1. We endeavour to respond to all customer complaints or queries within two working days.
3.2. If you have a complaint please email us at sales@thevictorianemporium.com stating as much detail as possible in order for us to resolve the issue within a satisfactory timescale. You will be kept fully informed of the status of your complaint.

4. Products and Pricing
4.1. Our suppliers reserve the right to make minor changes to their products without prior notice.
4.2. Whilst we use all our best endeavors to ensure the accuracy of the Website, all sizes and weights of products are an approximate guideline and occasionally may vary slightly from the description given.
4.3. We reserve the right to make changes to the Website and the details displayed on it.
4.4. The prices payable for goods are as set out in our Website. We reserve the right to alter any product pricing on the Website at any time.
4.5. We do try to make sure that all details contained within the Website are as accurate as possible. On the rare occasion that there is an error, we will advise you about it as soon as possible if it affects your order.
4.6. Any details and/or specifications on the Website of the goods produced by us (including but not limited to any photographs of the goods) are intended as a guide only and only give a general approximation of the goods. For example, the actual colour of the goods may vary from the colour in the accompanying photograph depending on your monitor display.
4.7. We make every effort to ensure that the pricing displayed on the Website is correct. However, if an error in the pricing of a product is found we reserve the right to refuse acceptance of your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to our acceptance of that order and any related items. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel an order due to an error in price and we have already received payment from you for that order, you will receive a full refund. If the order is for bespoke goods being made to your order and production of these bespoke goods has commenced, this order cannot then be cancelled with a full refund for the bespoke items.
4.8. The prices for goods available for order on the website are displayed on the Website and are inclusive of VAT. Delivery may be charged in addition, and any such additional charges are set out in the Website where they apply. Prices and delivery charges displayed are valid and effective only on mainland United Kingdom.

5. Your Order
5.1. When you place an order we will automatically send you an email acknowledging your order to confirm your order has been placed. Your order constitutes an offer made to us to purchase the goods specified in the order. We cannot accept your order until you have paid for it in full (including applicable delivery charges). Once we accept your order you will receive an email confirming our acceptance of your order which will create a legally binding contract between you and us (the Contract). No order for Goods shall be deemed accepted by us until we send you the email confirming our acceptance of your order.
5.2. Goods not accepted in our email confirming our acceptance of your order are not included in the order and Contract between you and us.
5.3. You shall be responsible for the accuracy of an order and for giving us any information necessary for us to perform the Contract. You must notify us as soon as possible if you are aware of any mistake you have made when making your order.
5.4. We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected. If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of your order. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
5.5. Orders to us cannot be accepted over the telephone.
5.6. It is not possible to add to orders once they have been paid for.
5.7. Goods are subject to availability and some goods may not be in stock at the time of your order. Many of our goods are made to order. We aim to inform you of the availability of goods and lead times by displaying such information on the Website when you browse the goods. However, if we are unable to supply you with the goods once you have ordered them due to the fact that they are out of stock, we will inform you by e-mail, as soon as possible. You will be given the option of (i) waiting until the goods you have ordered are in stock upon which we will send you an email confirming our acceptance of your order and dispatch the goods; (ii) choosing goods of an equivalent price and quality or (iii) cancelling your affected order and obtaining a full refund if we have already received payment from you for your order.

6. Delivery
6.1. Every effort is made to deliver goods ordered by you in your order within the estimated time as quoted on our Website, and in any event within [60] days of you making your order. If there is a possibility that delivery will be delayed past this then we will contact you to keep you updated. You shall have no right to reject goods you have ordered and no right to rescind the Contract for late delivery unless you have served on us a written notice requiring the Contract to be performed and giving us not less than 14 days in which to do so and the notice has not been complied with.
6.2. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. On heavier items, we offer a kerbside delivery service only. Deliveries to sites are accepted on the understanding that delivery will be to the kerbside of the nearest hard road closest to the site and is accessible by the vehicle. A signed delivery note is deemed to be conclusive evidence that delivery has been made in compliance with the Contract.
6.3. A delivery charge may be applicable which will differ for different items and quantities, and will be detailed on the Website. In the event that there is a change in any delivery charges after your order, or if your order is subject to any customs duties or tariffs, then we will contact you to confirm these before accepting your order.
6.4. You are under a duty to undertake a careful inspection of the goods on delivery or on collection as the case may be.
6.5. Ownership of the goods you have ordered shall pass to you when they have been delivered to you at the address you give us for delivery at the time you make your order. 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.
6.6. No claim can be entertained for damages or faults due to your incorrect storage.

 

7. Cancellation rights
7.1. You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. To cancel your contract you must notify us in writing.
7.2. If you have received the goods before you cancel your contract then unless, under condition 7.4, you do not have a right to cancel you must send the goods back to our contact address or an address we provide to you at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at your own cost and risk as soon as possible.
7.3. Once you have notified us that you are cancelling your contract under clause 7.2, any sum debited to us from your payment 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 or do not pay the costs of delivery, we shall be entitled to deduct the direct costs from recovering the goods from the amount to be credited to you.
7.4. You do not have cancellation rights under this condition 7 where your order is for goods made to your specification or for goods made or cut to order. You waive your right to cancel the Contract under this condition 7 once you have used your product, unless the product is defective and you are returning it for this reason.

8. Faulty Products, returns and refunds
8.1. If you discover the goods delivered to you are not what you ordered, are damaged or defective, we shall have no liability to you unless you notify us in writing of the defect within 5 working days of the date of delivery of the goods in question or within a reasonable period of time of discovery (if the damage or defect was not readily apparent). We must inspect the goods and you must return the goods to us.
8.2. If we agree with you that the goods in question are faulty, and that the fault was not caused by your neglect or misuse of the goods, we will, at your choice, replace, refund or repair (if possible) the faulty goods at no cost to you. We will refund any reasonable costs you prove that you have incurred in returning the faulty goods to us on receipt of your postal receipts for this purpose.
8.3. If we send you incorrect goods, you must notify us as soon as you discover the mistake and within four working days of receipt. We will either arrange for our carrier to collect the goods from you; or ask you to return the goods to us by post; We will either, at your choice send you the correct goods in accordance with your order as soon as possible after receipt of the returned incorrect goods or refund the price of the goods and delivery unless if, following our request and your agreement, you return the goods to us.
8.4. You may not return goods which you have damaged.  Goods will only be accepted back in a good saleable condition which we shall determine on receipt of the goods.
8.5. No credit shall be given or replacement made by the us for goods which are no longer in their original packaging or shade variant, or which are no longer sold by us on the date on which you return the goods to us.
8.6. In either case of cancellation (condition 7) or faulty goods (condition 8) our returns procedure set out in condition 9 should be followed in order for a credit note or refund to be issued. All refunds will be provided using the same method of payment as your purchase.  If the purchase was made using a credit/debit card, the same card must be used for the refund. We may ask for identification (proof of address) to help combat fraud.
8.7. No claims for breakages or shortages will be entertained after the delivery note has been signed. All breakages and shortages must be clearly written on the delivery note. Please thoroughly check your order before signing. In the unlikely event of any shortage or breakage and you have signed the delivery note stating the shortage/breakage on it please e mail us with all relevant information using the ‘contact us’ section of the website or via e mail using sales@www.thevictorianemporium.com.

9. Returns Procedure
9.1. Please contact us for a returns number.
9.2. If you are returning your product because it is defective, please state the defect or defects.
9.3. Repackage the product in its original packaging (please use clear tape to reseal any opened bags), including any accessories, brochures, manuals, guarantees or warranties that came with the product. goods should be returned in a re-saleable condition and we will be unable to issue any refund where the product is in an incomplete state.
9.4. If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
9.5. Costs for return carriage are payable by the customer (unless we have agreed otherwise) and goods can be returned through any courier. We recommend using a recorded and insured service as we can not be responsible for damages or lost deliveries.
9.6. We will not issue refunds for any items lost or stolen in transit to us.
9.7. You are responsible for paying any postage or shipping costs incurred when returning the goods. You should use a recorded and insured service as we can not be responsible for damages or lost deliveries. We reserve the right to impose a reasonable charge to cover postage or collection costs we incur in arranging for the goods to be returned, and you shall ensure that the goods are available for collection in the event that postage is not a reasonable option. We will deduct any such costs we reasonably incur from the refund to you.
9.8. We will refund the reasonable cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
9.9. A credit to your credit/debit card or cheque will be issued against your order transaction to cover the charge made for goods. We aim to process returns within 30 days.

10. Samples
10.1. Samples supplied are done so in good faith and represent the shade at the current time of manufacture.
10.2. The colour may alter from batch to batch.
10.3. Samples may be charged for.
10.4 Wood samples normally constitute a small piece of the product of around 6 inches in length.

11. Tiles – Special Conditions
11.1. It is your responsibility to check that all boxes that we deliver have the same shade number and that all borders and decors are of suitable shade.
11.2. We cannot be held responsible for tiles once they have been fixed.
11.3. We strongly recommend that all tiles are purchased in the one order as we cannot guarantee that the same shade will be supplied for any additional orders.
11.4. Crazing is inherent in the manufacturing process and sometimes occurs and for some tile designs is an inherent part of the design. No tiles are guaranteed against crazing and are always sold subject to shade variation as is expected in the supply of any glazed or fired product.
11.5. All tiles are subject to standard manufacturing distortions such as different thickness of tiles even within the same range, bowed tiles, arched tiles and even marked tiles.
11.6. It is your responsibility to ensure that when fitting, each tile is thoroughly inspected before fitting and that it is to your liking as no replacement will be offered after fitting.

12. Events outside our control
12.1. We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, inability to secure the necessary material, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

13. Liability
13.1. Each of the sub-conditions in this condition 13 are to be treated as separate or independent.
13.2. Our liability for loss and damage resulting from negligence shall be restricted to the value of the Goods which caused the damage.
13.3. Save as precluded by law, we shall have no liability to you for any indirect or consequential loss, any damages or expenses (including but not limited to loss of profits, business of goodwill), business or revenue, economic and/or other loss that was not reasonably foreseeable at the time you entered into this Contract.
13.4. The description of the goods contained on the Website is deemed to be exhaustive. The measurements, dimension and weights and shades contained in the Website description is an approximate guide only and do not constitute part of the description of the goods nor do they constitute representations by us.
13.5. You acknowledge that the Website, direct mails and other literature are subject to change at our discretion [and that you do not rely upon the information contained therein].
13.6. Save as expressly stated herein, all warranties and conditions whether expressed or implied by statute (including in particular Section 13. 14 and 15 of the Sale of Goods Act 1979), usage, trade custom or otherwise relating to the quality or nature of the Goods or their life or wear or fitness for any particular purpose or use under any specific conditions are hereby expressly excluded.
13.7. We always recommend that you do not book a tradesperson until the correct goods have been delivered. Any additional expenses incurred as a result of goods not arriving on the date you expect are your sole responsibility.
13.8. All items sold requiring electricity should only be fitted or used according to the manufacturer’s instructions. Always read any relevant manuals or safety instructions and obtaining the advice of a professional electrician where required.
13.9. All bathroom, sink or radiator items should be installed by a professional qualified plumber, Gas Safe registered if necessary.
13.10. We do not guarantee that the Website will be compatible with your computer, and we accept no liability for any corruption or loss of data held on your PC, or any liability for any other loss or damage of any kind caused to your computer resulting from the use of our website.
13.11. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, imports and 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 an accept no liability in respect of the export or import of the goods you purchase.
13.12. 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.

14. Governing Law and Jurisdiction
14.1. The Contract shall be governed by and construed in accordance with English law and all disputes arising in connection with the Contract shall be submitted to the jurisdiction of the English Courts. 

15. License
15.1. We grant you a license to access the content, information and services contained within our website for personal use only. This license allows you to download and cache (using your browser) individual pages from the Website. This license does not allow you to download and modify individual pages or substantial parts of the Website nor to make the Website available via an intranet, where the Website or a substantial part of it is hosted locally on the intranet in question.
15.2. The Website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
15.3. The Website cannot be placed within the frame-set of another site.
15.4. Third parties are not allowed to deep link to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
15.5. The restriction on deep linking does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

16. Copyright
16.1. All content, databases, graphics, buttons, icons, logos, layouts and look & feel are subject to our copyright and design rights, unless expressly acknowledged as otherwise.
16.2. The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

17. Severability
17.1. The foregoing paragraphs, sub-paragraphs and clauses of these terms and conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

18. Waiver
18.1. Failure by us to enforce any accrued rights under these terms and conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

19. Privacy
19.1. You acknowledge and agree to be bound by the terms of our privacy policy.

20. Third Party Rights
20.1. Except to our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom 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 of is available apart from that Act.

21. Entire Agreement
21.1. These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

22. Interpretation
22.1. Any reference to working day means all days other than Saturdays, Sundays and public holidays. Any orders received after 3pm are deemed to have been received the following working day.
22.2. Condition headings do not affect the interpretation of this agreement
22.3. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment, and includes any subordinate legislation for the time being in force made under it
22.4. Words in the singular include the plural and in the plural include the singular and words denoting a gender include all genders