Terms & Conditions
Website’s terms and conditions
ABOUT OUR TERMS AND CONDITIONSThis page provides information about who we are and the legal terms and conditions that may apply to your use of www.cjmoroccanberberrugs.co.uk and any product or service you order from us.
PART B: WEBSITE TERMSThe Terms and Conditions apply to your use of the Elegant Living website at www.cjmoroccanberberrugs.co.uk (the “Website”) and to any products you purchase from Elegant Living. The Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which Elegant Living makes the Website available to you at home or on the move. You must read these Terms and Conditions carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website.
YOUR USE OF THIS WEBSITE
You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.
You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.
USE OF THIS WEBSITE FROM OUTSIDE THE UK
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Elegant Living’s products and services available in the UK. However Elegant Living may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.OWNERSHIP OF RIGHTS
All rights, including copyright and other intellectual property rights, in and to this Website are licensed to Elegant Living.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the Website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
SUBMISSIONS AND SOCIAL NETWORKING SITES
Ownership of Submissions
Social networking sites
Intellectual Property Rights
A disclosure, Submission or offer of any Submissions and your agreement to these Website Terms shall constitute an assignment to Elegant Living of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to contact other users of our site or to make Submissions on any Elegant Living related third party website or page, you must comply with the content standards set out below and these Website Terms. Any third-party advertising on Elegant Living pages of third party social networking sites are not the responsibility of or endorsed by Elegant Living. All rights, including copyright on Elegant Living Website pages, are owned by or licensed to Elegant Living. Any use of any social networking pages related to the Website or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Elegant Living. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property of others.
Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Elegant Living related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.
Rules for Submissions
You must be 18 years of age or older and registered to post a Submission. Suppliers or manufacturers are not eligible to post a Submission.
Please be polite and only write in English.
- Submissions should not include:
- abusive, offensive or otherwise inappropriate language;
- profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be harassment, abuse or threats against the personal safety or property of others
- remarks that repeat criminal accusations, false, defamatory or misleading statements
- material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- spam or advertising
- third-party brand names or trademarks
- HTML code, computer script or website URLs
- information about Elegant Living suppliers or manufacturers
- an unsupported claim about the product producing an effect other than that for which it is indicated
- references to any products other than the product to which the Submission relates.
Elegant Living, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which do not comply with the rules above.
Please let us know if you see any Submissions which do not comply with our rules.
Accuracy of content To the extent permitted by applicable law, Elegant Living disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Elegant Living or any of its group companies.Damage to your computer or other devices
Elegant Living uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other devices. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other devices. Except where required by applicable law, Elegant Living shall not be liable to any person for any loss or damage they suffer because of viruses or other malicious or harmful content that they access from or via the Website.PART C: GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (“General Terms and Conditions of Sale“) apply to any order you place through www.cjmoroccanberberrugs.co.uk
In respect of orders placed through the Website, these General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which Elegant Living makes the Website available to you at home or on the move. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
OPENING AN ACCOUNT AND PLACING AN ORDER
To place an order and to allow us to process the same, we will require you to provide some compulsory personal information.
You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.
We will not store the details that you provide via guest checkout (save for processing and tracking your order).
ACCEPTANCE OF YOUR ORDER
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch the product(s). Prior to despatch of the product(s), Elegant Living has the right to decline an order for any reason, including legal and regulatory reasons.
The duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to return the products.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including email) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Elegant Living has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that Elegant Living shall incur no liability in such circumstances.
All card payments are subject to authorisation by your card issuer.
All products ordered will remain the property of Elegant Living until we have delivered the products to the address specified by you or they have been collected. If your payment is not received and you have already received the products you ordered from us, you must pay for or return those products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
Delivery (including delivery charges and timescales)
In addition to our legal terms and conditions, please refer to our information on delivery charges, delivery timescales, and returns policy.Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address. Delivery Charges
Zone 1: Delivery to England and Wales and parts of Scotland not quoted in Zone 1 and 2 are free.
Zone 2: Delivery to the following area or areas with the following postcodes is £20:
Northern Ireland and Postcodes: AB, DD, KW1 – KW14, PA20 – PA38, PH1 – PH18, PH19 – PH26, PH 30, PH31 – PH40, PH49 – PH50, IV1 – IV28, IV30 – IV35, IV36 – IV63, IV99
Zone 3: Delivery to areas with the following postcodes is £40:
Postcodes: EX39, GY, HS, IM, JE, KA27 – KA28, KW15 – KW17, PA41 – 78, PH41 – PH44, PO30 – PO41, TR21 – TR25, ZE
Delivery Timescales: The acknowledgement email from us referred to above will indicate the estimated delivery time of the product(s). For illustration purposes only, delivery is usually 7 to 10 working days from the date of acknowledgement email.
Delivery will be to the UK. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to the depot.All risk in the products you order (including a risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control. In the UK, delivery charge refunds can only be made in accordance with your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable legislation. For further information about your statutory rights see “Your Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).
International Delivery Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. Elegant Living reserves the right to define what can and cannot be delivered to which destination.Payment – Purchases will be made in Pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you.
Where the supply of your product(s) or service(s) is delayed or prevented for any reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
CHANGES TO YOUR ORDER
Any changes to your order must be notified to us in writing to the email address email@example.com. and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and/or the price you pay for the item (you will be charged the current selling price on the day you amend your order).
If you are contracting with us as a consumer online or by phone, you have the right to cancel (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations“)), all or part of your contract at any time up to 14 calendar days after the day on which you receive the goods or services you ordered. This statutory right is separate from our goodwill policy.
Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the specified address below. Please note that the delivery charge refund will be to the value of standard delivery.
If you wish to cancel (or are considering cancelling) a product you have ordered from us, please be aware that statutory rights of cancellation under the Regulations do not apply to certain products and services (for example, made to measure orders and personalised items).
Exercising your right to cancel
To exercise your right of cancellation, you must inform us of your decision to cancel the contract in writing to firstname.lastname@example.org. within 14 calendar days after the day on which you receive the goods or services you ordered, which you can do by filling in the parcel summary when you return your order.
You must take reasonable care of the goods while in your possession. You shall send back any goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the contract to us. The deadline is met if you send back any goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods to us.
Products should be returned in or with their original packaging. You are only liable for any diminished value of the goods resulting from the unnecessary handling of the goods in excess of what is necessary to establish the nature, characteristics and functioning of the goods.
We will process your refund with 14 days of receipt of the products to the address notified to you by us upon acknowledgement of your notice to return the goods.
We will reimburse to you all payment received from you including costs of delivery (if any). We will make the reimbursement by the same means of payment you used for the initial transaction.
Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).
This is not intended to be a full statement of all of your rights under the Regulations. Full details of your rights under the Regulations are available in the UK from your local Citizens’ Advice Bureau.
Products lost or damaged in transit
If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
Returns by post
You may return your online order by post. Items returned by post will have to be returned at your cost unless in accordance with your statutory rights.
Damaged or incorrectly supplied products
You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. We may offer you a replacement product and any refunds given by us will be made to the debit/credit card account or by cheque (as applicable) provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection (such as furniture and wine), as outlined above.
YOUR STATUTORY RIGHTS
In addition to the cancellation rights noted above, you also have consumer statutory rights that will apply. These include that the goods you purchase are of satisfactory quality, fit for purpose and as described. Within 30 days of the delivery, you may exercise the right to a refund if the product purchased is not of satisfactory quality, fit for purpose or as described. After the 30-day period, but within six months of the date of delivery and where the product is faulty, you are entitled to a repair or replacement (which one being at Elegant Living’s discretion) or where that is not possible, or the repair/ replacement does not resolve the fault, a refund. After six months of the date of delivery, similar rights exist, but only if you can prove that the fault was present at the point of delivery.
PRODUCT AND SERVICE DESCRIPTIONSWe have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
- orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
- all prices are displayed in pounds Sterling inclusive of UK VAT where applicable) unless expressly indicated otherwise;
- packaging may vary from any that is shown on the Website;
- the weights, dimensions and capacities shown on the Website are approximate only;
- whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery; and
- all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer an alternative product(s) or service(s) of equal or higher quality and value.
You agree that you will not use, sell or supply any product(s) purchased from Elegant Living in an unlawful manner and will comply with all export controls and sanctions rules.
LIABILITY There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions of Sale limits our liability for personal injury or death caused by our negligence or for fraud.You have certain rights as a consumer, including statutory rights relating to faulty or misdescribed goods. Your statutory rights operate in addition to our goodwill policy. For further information about your statutory rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions of Sale will affect these statutory rights and we will perform our obligations under these General Terms and Conditions of Sale with reasonable care and skill. We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions of Sale. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control. You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice. In any event, we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
If your complaint is about a product, our Website or anything else, please contact us by email on email@example.com.
PART D: LEGAL TERMS
Exclusions of liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions or your use of the Website.These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Nothing in these Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence or for fraud. In addition, these Terms and Conditions shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law. Other legal notices
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms and Conditions govern your use of this Website.Assignment and third party rights We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. Only you and we shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. Waiver
No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.Severability
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
These Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.Law, jurisdiction and language
Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
Changes to these Terms and Conditions
We will take appropriate technical and organisational measures to protect against unauthorised or unlawful processing of your personal information.
During your visit to the Website, we may gather certain personal information that is necessary for the purposes of billing, delivery of your goods and queries. We only keep your information for as long as is necessary to process your order, process any applicable refunds, respond to any complaints/feedback or to provide you with the promotional information you have subscribed to.
We will not have access to your financial information which is securely transferred directly to their card processing agents who process it Elegant Living’s instructions.
Elegant Living’s card processing agents and their couriers are required to maintain the security and confidentially of your personal details and are required not to retain, share, store or divulge any personal information for any other purposes.
We will not transfer your information outside the European Economic Area (“EEA”) unless you are a user located outside the EEA in which case it may need to transfer your information to deliver your goods, process payment/refunds, or to send you the promotional information you have subscribed to.
The Website can recognise past users by using cookies. Cookies personalise your visits to the Website to meet your individual preferences. You can disable cookies by adjusting your internet settings.
When you supply your information to us you accept the risks associated with the Internet and consent to us processing your information in accordance with this policy and will not hold any member of Elegant Living or the Website owner responsible for any loss of your information unless it has breached its duty of care to you.