General: The contract made by you on-line with us incorporates these terms, which shall prevail over any and all terms, proposed by you. You should not proceed with your purchase until you have read and agreed to these terms. Please print these online terms & conditions and retain a copy for your records. Every effort is made to ensure the complete accuracy of our website, however some prices/details contained on the website may change from time to time and it is possible that errors will occur. We will use our best endeavours to rectify any errors, as swiftly as possible but we cannot be responsible for any losses incurred.
We reserve the right to amend the specifications of products. Products supplied may on occasion differ as a consequence from those on display or advertised. In such instances, you will be informed of an amendment and be given the option to cancel or reselect accordingly. Unless agreed with you, the products supplied will be of equivalent value, functionality and appearance. All on-line promotional items are subject to these terms and availability. In addition the offers are limited to one per customer and per household. You cannot transfer the value of the offer products to any other products. All promotional material on or relating to
Encove Ltd relates specifically and only to the website encove.co.uk. Payment can be made by credit, charge or debit card at the time of order. The price of any product is the price in force at the date and time of your order. You undertake that all details you provide to us for the purpose of purchasing products or services which may be offered by us on our web site will be correct, that the credit charge or debit card, which you use is your own and that there are sufficient funds available to cover the cost of the products ordered. We reserve the right to obtain validation of your credit charge or debit card details before accepting your order.
We will not be liable for any extra costs incurred by you as a result of incorrect or incomplete measurements or information supplied by you. It is our intention to process all online orders within 1 [one] working days of receiving your order.
2. Payment: We, at our discretion, and at any time during the ordering process, reserve the right to refuse to accept any order placed via our website where we deem there to be the possibility of fraudulent or criminal action; and in such instances you will be informed via electronic mail or telephone using the contact details you registered and confirmed at the time of placing your order. By registering your personal details with us and or placing an order via our website this does not impart or constitute a legally binding contract between you and us. Refusal may occur, and is not limited to, where the product is unavailable or we are unable to obtain authorisation for your payment. We also reserve the right to suspend, refuse or block access to our secure processing area for all future orders you may attempt to make. Notwithstanding this, we also reserve the right to delete, remove or destroy any details you have given to us in the course of registration or placing an order with us. In all circumstances, we will not be held liable for any financial or consequential loss arising from our refusal to accept your order.
The online order shall only be deemed accepted and fulfilled when we have received and processed your valid credit, charge or debit card payment details and we have received confirmation, via electronic or other means, that your card issuer has authorised payment for your on-line order. When we have processed and accepted your order we will confirm the legally binding contract between you and us by way of invoice by electronic mail to the email address you have given us during the registration procedure and on ordering.
All reasonable efforts will be made to update the website of any price changes as they occur. Should you place an order and the price of any product is discovered to be erroneous we will contact you advising you of the correct price of the goods. You can then reconfirm or cancel your order. We will not be held liable for any financial or consequential loss arising from an incorrect price being displayed on the website.
3. Delivery & Acceptance
i. From Stock: are products that we physically stock and wherever possible will be dispatched to you within 1 [one] working days of receiving your order. Whilst we make every effort to dispatch the products on time, we do not accept liability for any failure to deliver on the stated date or at the stated time.
ii. Special Order: are products specially ordered and wherever possible will be dispatched to you within 14 [fourteen] working days of receiving your order. Whilst we make every effort to dispatch the products on time, we do not accept liability for any failure to deliver on the stated date or at the stated time.
Some products may not be in stock at the time you place your order. In the event that we cannot deliver the products within 5 [five] working days of receipt of your order, we will contact you in order to advise of the estimated delivery date. At this point you have the option of reconfirming or cancelling your order. We will not be held liable for any financial or consequential loss arising from us not being able to complete your order.
If you are unable, for whatever reason, to take delivery of your goods and the goods are returned to us by the carrier, we reserve the right to charge you for any subsequent deliveries, should such extra costs be incurred by ourselves for re-delivery or return.
Additional charges may be incurred for remote UK addresses. International customers will be notified of the shipping rates chargeable at the time of dispatch of your order. If we, or our nominated carrier, accidentally damage goods in the course of delivery then our liability for that damage is limited to the replacement of the goods or the value thereof. We will not be liable for any consequential loss or damage arising out of the late or non-delivery of goods, and time and date of delivery is not of the essence of this agreement.
4. Refunds: You may return any ready made or fixed size products you have purchased within 7 [seven] days of delivery for any reason. To do so you must notify us within those 7 [seven] days. While in your possession, you must keep any Products you intend to return to us in the condition that they were delivered. You must arrange for and pay the costs of returning the goods to us. This cost is entirely your responsibility and we will not refund or credit any carriage charges you incur as a result of your cancellation of your order. Upon receipt of the goods, and subject to them being in satisfactory and resalable condition, you will then be entitled to a refund from us, which will be paid as soon as possible, but in any event within 30 [thirty] days. Please note that the refunds will be made using the same method as the original payment i.e. a credit or debit card.
5. Damaged and Faulted goods: If you receive damaged products; note that fact on the delivery note, even before you open the packaging to examine the contents. If you are unable to open a damaged package in the presence of the carrier, make sure that you sign for it as 'damaged package - products not yet inspected', or something similar, so as to warn the carrier that a claim may be forthcoming.
To cover the circumstances, please contact us with as much detail of the damage or loss as you can provide as soon after delivery as possible, so that the Company can arrange for the dispatch of replacement products and follow up the difficulty with the carriers. Please do not return damaged products to the company unless or until requested to do so as this may incur additional costs unnecessarily.
We make every effort to ensure that our goods are dispatched in perfect condition and are confident that the quality of all our goods is consistent. However, if on the rare occasion there is a fault, please contact us. We will collect at no cost to you and offer a replacement or provide a full refund, according to your requirements. Please note the following exceptions:
Colour - we take great care to display and describe products accurately on our site. However, there will be variations in colour. Depending on your computer resolution and settings there will also be variations in colour from your monitor to the delivered product. These do not constitute as a fault.
6. Guarantees: We, through our suppliers, guarantee all products against faulty workmanship and materials for a period of 12 months from the date of delivery.
These guarantees do not cover unfair wear and tear; neglect; abuse or misuse of your goods; loss or damage through whatever causation, e.g. water, fire, smoke, sunlight, weather, rusting, corrosion, infestation via animals or boring insects, theft, or explosion; accidental damage or consequential loss, etc. Our liability is restricted to value of replacement goods only and we will not be held liable for any consequential losses.
7. Claims: In the event of a claim occurring within 12 months of the date of delivery, please telephone on +44 (0)191 567 7604. We will arrange to repair or replace the defective item free of charge or, at our discretion, refund the price you paid for the product. Should a product no longer be available it will be replaced with a product that closely matches it.
We will not be liable for any consequential loss or damage arising out of defective, damaged or wrongly delivered goods over and above the value of those goods. This does not affect your statutory rights.
8. Site Content & Disclaimers: We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within this website. Every care is taken in the digital reproduction of all images used within the site. Due to constraints in digital reproduction, differences in web browsers and monitor displays, colour reproduction of colours may not match the actual supplied product. We will not be liable for any consequential loss or damage arising should you rely on the accuracy of the digitally reproduced images contained within this site.
All sizes are subject to manufacturer tolerances, therefore the sizes given on the website should be used for guidance only. Every effort is made to ensure complete accuracy, however some prices/details contained on the website may change from time to time and it is possible that errors will occur. We will use our best endeavours to rectify any errors, as swiftly as possible but will not be responsible for any loss incurred. All products and prices are subject to availability.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.
9. Intellectual Property: Intellectual Property includes but is not limited to our trademarks and service marks, website content and domain names owned by Encove Ltd. All other trademarks and service marks used within the website remain the property of their respective owners and are used under license or by kind permission, where applicable.
10. Data Protection Compliance: At all times we will observe the requirements imposed by the Data Protection Act 1998 and we will provide the appropriate security to maintain the confidentiality of your personal data.
11. Force Majeure: Neither you nor Encove Ltd will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
12. Applicable Law: We control and operate the web site from our business premises within England. Accordingly the laws of England and Wales govern claims relating to, including the use of, this web site and the materials contained therein. If you choose to access our web site from outside England and Wales you do so on your own initiative and you hereby agree that in the event of a dispute between Encove Ltd and you the laws of England and Wales will apply at all times.