TERMS & CONDITIONS
1. These terms and conditions and any policies or documents to which a link is provided in them (collectively, "TERMS") set out the terms that apply to our website ("WEBSITE"), the mobile websites and Platforms owned by and/or operated by or on behalf of ESSENTIAL ITEMS LIMITED ("PLATFORMS"). These terms apply between you, the User of the Website or Platforms, and ESSENTIAL ITEMS LIMITED, the owner of the Website or Platforms. ESSENTIAL ITEMS LIMITED is referred to in these Terms as “ESSENTIAL ITEMS/WE/US”. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately. In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by ESSENTIAL ITEMS LIMITED and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to ESSENTIAL ITEMS LIMITED and accessing the Website in connection with the provision of such services.
2. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
3. If you have any questions regarding the Website or Platforms or these Terms, or in the unlikely event that you have any complaints about any products purchased by you from the Website or Platforms you can contact us at:
ESSENTIAL ITEMS LIMITED, 21 Stanwick Road, W148TL, London, United Kingdom or email@example.com. Company registered in England. Registration No: 12474108.
4. These terms and conditions were last revised on Thursday, 30 April 2020.
1. INTELLECTUAL PROPERTY
1.1. All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website or Platforms is either owned or licensed by ESSENTIAL ITEMS, and is protected by applicable copyright laws and treaties in the United Kingdom. All such rights are reserved.
1.2. The "ESSENTIAL ITEMS" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website or Platforms, accessories or packaging, whether registered or not (the "TRADE MARKS"), are and remain the exclusive property of ESSENTIAL ITEMS and/or its licensors and are protected by applicable trade mark laws and treaties in the United Kingdom. All such rights are reserved.
1.3. All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Website or Platforms, the products depicted and/or available on the Website or Platforms and any accessories, stationery, packaging or additional items connected to such products, your order or the Website or Platforms (the "INTELLECTUAL PROPERTY RIGHTS") are and shall remain the exclusive property of ESSENTIAL ITEMS and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties in the United Kingdom. All such rights are reserved.
1.4. LIMITED LICENCE
Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Website or Platforms limited such that it does not include the right to:
(A) use the Website or Platforms in any way which may prejudice or damage the reputation of ESSENTIAL ITEMS;
(B) use the Website or Platforms for any commercial or business purposes. The Website or Platforms are for your personal use only;
(C) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
1.5. ESSENTIAL ITEMS may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
2.1. ESSENTIAL ITEMS endeavours to ensure that the information posted by it on the Website or Platforms is accurate and complete. ESSENTIAL ITEMS does not, however, guarantee that the Content or any other information available on the Website or Platforms is accurate and/or error free, ESSENTIAL ITEMS does not promise that the functionality of the Website or Platforms or Content will be error free or that the Website or Platforms, Content or the servers that make such Content available are free of viruses, malicious code or other components which are potentially harmful. ESSENTIAL ITEMS recommends that all users of the Internet ensure they have up to date virus checking software installed.
3. EXCLUSION OF WARRANTIES
3.1. This Section E(3) does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country/region (if any).
3.2. SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESSENTIAL ITEMS DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
4. LIMITATIONS OF LIABILITY
4.1. Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; (iii) under Section 2(3) of the Consumer Protection Act 1987; or (iv) for any other liability which cannot be limited or excluded by applicable law.
4.2. Subject to Section B(4.1) above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any: (A) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or (B) loss of goodwill or reputation; or (C) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
4.3. Subject to Sections B(4.1) and B(4.2) the aggregate liability under these Terms of ESSENTIAL ITEMS whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from ESSENTIAL ITEMS.
4.4. This section B(4) does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country/region (if any).
5. DATA PROTECTION
6. ASSIGNMENT, SUBCONTRACTING ETC
6.1. We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
7. AMENDMENTS TO THESE TERMS
7.1. We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
8. EVENTS BEYOND OUR REASONABLE CONTROL
8.1. We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
9.1. Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
10. GOVERNING LAW AND JURISDICTION
10.1. These Terms and all transactions relating to the Website or Platforms are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts. This does not affect your legal rights as a consumer in the country/region in which you are located.
11. ESSENTIAL ITEMS EMPLOYEES
11.1. ESSENTIAL ITEMS Employees ordering products from the Website or Platforms, and who are entitled to staff discount, agree that they have read and adhere to the terms and conditions of the ESSENTIAL ITEMS staff discount policy. Employees with any questions about this discount policy please contact your HR department.
12. ENTIRE AGREEMENT
12.1. These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
12.2. We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("REPRESENTATIONS") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
12.3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
13. WRITTEN COMMUNICATIONS
13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or Platforms, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website or Platforms. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section 13 does not affect your statutory rights.
14.1. All notices given by you to us must be sent to ESSENTIAL ITEMS at 21 Stanwick Road, London, W148TL, United Kingdom or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section B(13) above. Notice will be deemed received and properly served immediately when posted on the Website or Platforms, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.1. If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section B(14) above.
16. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
16.1. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.
17. DISPUTE RESOLUTION - EU RESIDENT CUSTOMERS ONLY
17.1. The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest if there is a dispute we cannot resolve between us. For more information please contact Customer Service.
17.2. FOR CUSTOMERS LOCATED IN FRANCE: If you are placing an order on www.essentialitems.co.uk from a location in France, then the following additional terms shall apply:
17.2.1. ESSENTIAL ITEMS, whose name and address are set out at the beginning of these Terms, shall be responsible for any lack of conformity of the ESSENTIAL ITEMS product which you order to the contract between you and ESSENTIAL ITEMS under the conditions set forth in articles L. 211-4 et seq. of the French Consumer Code, and for any hidden defect in the ESSENTIAL ITEMS product sold to you on www.essentialitems.co.uk subject to the conditions set out in articles 1641 et seq. of the French Civil Code.
17.2.2. Under the statutory conformity warranty in articles L. 211-4 et seq. of the French Consumer Code: any claim must be made by you within 2 years of the date of delivery of the ESSENTIAL ITEMS product; you may choose between repair or replacement of the ESSENTIAL ITEMS product, subject to the costs of repair or replacement being proportionate and the conditions provided for under article L. 211-9 of the French Consumer Code; you do not have to prove the ESSENTIAL ITEMS product’s lack of conformity with the contract during a period of twenty-four (24) months following delivery of the ESSENTIAL ITEMS product. However, if ESSENTIAL ITEMS proves that the ESSENTIAL ITEMS Product was in conformity with the contract between you and ESSENTIAL ITEMS, your claim will not be accepted. Alternatively, you bring a claim pursuant to the warranty against hidden defects as set out in article 1641 of the French Civil Code. In such case, you may choose between the cancellation of the sale contract or a reduction of the sale price, as set out under article 1644 of the French Civil Code.
C. Use of Website and Platforms
1. The Terms apply to your use of and access to the Website and Platforms including all orders submitted by you for any products or services made available by us for purchase over the Website and Platforms. By accessing the Website and Platforms you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms for future reference. If you do not agree to these Terms, you must cease using and accessing of the Website and Platforms immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new Terms on the Website and Platforms. Please note that certain options will not be available across all Platforms.
2. Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country/region (if any).
3. You agree that the information you provide when you register on the Website or Platforms is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.
4. We may change, withdraw, or suspend access to the Website or Platforms (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
5. The Website and Platforms may include links to other Platforms or resources ("LINKED PLATFORMS"). ESSENTIAL ITEMS LIMITED has no control over the content of Linked Platforms and you agree that, should you access a Linked Platforms using a link from the Website or Platforms, ESSENTIAL ITEMS LIMITED is not responsible for the availability of the Linked Platforms, and is not liable in any way for the content of Linked Platforms, including (without limitation) any goods or services available from such Linked Platforms, other advertising or content on such Linked Platforms or the use that such Linked Platforms make of your personal information. Furthermore, ESSENTIAL ITEMS LIMITED will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Platforms or the content thereon.
6. ESSENTIAL ITEMS LIMITED may deny you access to the Website or Platforms at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website or Platforms is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
7. Any material that you upload to the Website or Platforms for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material 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 constitutes a violation of their intellectual property rights or of their right to privacy.
8. ESSENTIAL ITEMS LIMITED will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website or Platforms and you hereby agree to be responsible to ESSENTIAL ITEMS LIMITED for and indemnify ESSENTIAL ITEMS LIMITED and keep ESSENTIAL ITEMS LIMITED indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by ESSENTIAL ITEMS LIMITED as a result of any claim in respect of your use of the Website or Platforms.
9. ESSENTIAL ITEMS LIMITED has the right to remove any material or posting you make on the Website or Platforms in ESSENTIAL ITEMS LIMITED's sole discretion.
10. References to ‘We' in the Customer Service Information refers to ESSENTIAL ITEMS LIMITED.
11. Third party providers and application stores
11.1. Certain third party providers with whose devices and/or operating systems those Platforms that are mobile applications have been designed to be compatible oblige us to include certain additional provisions in these Terms. These are set out at the end of these Terms in section F 'Additional terms from third party providers '. These provisions are required by the relevant third party providers, not ESSENTIAL ITEMS LIMITED.
11.2. Third party application stores are operated by the relevant third party providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download those Platforms that are the mobile applications. We are not responsible for these stores or (with the exception of the Website or Platforms) for anything provided by them and do not guarantee that they will be continuously available.
D. Purchase of Products
IF YOU ARE PLACING A PRE-ORDER FOR PRODUCTS WHICH ARE AVAILABLE TO PRE-ORDER ON THE WEBSITE OR PLATFORMS, THE FOLLOWING SECTIONS D(1) TO D(7) BELOW MAY BE SUPERSEDED BY OR MAY APPLY IN ADDITION TO SPECIFIC TERMS APPLICABLE TO SUCH PRODUCTS AS SET OUT IN SECTION D BELOW.
1. ACCEPTANCE OF ORDERS
1.1. All information on the Website or Platforms is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order ("PRODUCTS") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows: (a) If Products are shown on the Website or Platforms but are not available or are incorrectly priced or otherwise incorrectly described; (b) If we are unable to obtain authorisation of your payment; (c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address; (d) If shipping restrictions may apply to a Product ; or (e) If the delivery address you give is the address of an entity or individual providing freight forwarding services; or (f) If the delivery address you have provided is not a valid shipping address.
1.2. After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale of the Products between us and you will not take place unless and until (i) we have sent you an email confirming that the Products have been dispatched or (ii) in the event that you have elected to collect the Products from a store (where the service is available), we have sent you an email confirming that the Products have been dispatched to the specified store ("DISPATCH CONFIRMATION"). Please note that the option to collect in store is only available in certain specified areas and from specified stores. Further information is available at the Shipping & Delivery section. After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
1.3. At the moment orders can't be placed by telephone.
1.4. When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website or Platforms, such as the My Account section of the Website or Platforms ("SECURE ACCESS"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website or Platforms without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website or Platforms.
1.5. In the event prolonged inactivity causes your connection to the Website or Platforms to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
1.6. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
1.7. You will be charged for Products when they have been dispatched to you for delivery or, in the event that you have elected to collect the Products from a store, the Products have been dispatched for delivery to the relevant store (together with the relevant delivery charges and any card processing or payment processing charges), unless we inform you that in respect of certain products payment shall be taken in advance, when or shortly after you submit your order.
1.8. Item availability, prices and delivery options may vary depending on the shipping destination.
1.9. Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website or Platforms may mean that the colours, measurements, fabrics and designs of the Products displayed on the Website or Platforms and the Products delivered to you may differ in appearance in minor respects. We are not responsible for any such differences.
1.10. We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
2.1. All prices of Products on the Website or Platforms are the price for the Products only. They include any VAT or other sales tax payable (unless otherwise specified). We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however please see Section D 2.4 below. Prices do not include the charge for delivery, if any. Find out more about Shipping & Delivery in the related section.
2.2. We endeavour to ensure that all pricing information on the Website or Platforms is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Platforms, subject to our right to refuse an order pursuant to Section D 1.1(a), we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Platforms, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the Product has not been shipped.
2.3. ESSENTIAL ITEMS LIMITED may vary the prices of Products listed on the Website or Platforms at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
2.4. Please note that in some countries/regions additional duties may be payable to your local tax authorities on receipt of your delivery. Unless expressly specified otherwise, you will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country/region for which the Products are destined. We will not be liable for any breach by you of any such laws.
3. PAYMENT TERMS
3.1. The total cost of your order will be the purchase price for the Products and any additional services you order. Find out more about Shipping & Delivery in the specific section.
3.2. More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payments section. We reserve the right to change the payment methods we are able to accept at any time.
3.3. Please note that we accept payment in the payment currency specified for the country/region of your selected shipping destination in our Payment section.
3.4. You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
3.5. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the Product(s) being located in the United Kingdom.
3.6. If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website or Platforms, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website or Platforms.
3.7. In certain jurisdictions we may offer Klarna Invoicing as a method of payment. The Klarna Invoice terms and conditions can be found in their website www.klarna.com/uk/. We accept no liability in respect of your use of Klarna as a payment method. ESSENTIAL ITEMS LIMITED expresses no preference for any available payment method. Klarna invoicing may not be available for all purchases and whether you are eligible to use Klarna invoicing as a payment method will be determined by Klarna on a case by case basis.
4.1. Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
5. DELIVERY, TITLE AND RISK
5.1. We are only able to deliver to a valid shipping address provided in your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from the Website or Platforms. Details of the locations to which ESSENTIAL ITEMS LIMITED delivers are available from us on request.
5.2. When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavour to dispatch your order in accordance with the estimated delivery times set out at our Shipping & Delivery section or as otherwise specified in the checkout process as you submit your order. Please note that there are a number of UK postcodes to which we cannot deliver on a next day basis or on a Saturday. Please see Postcode Restrictions. There may be additional restrictions or exclusions in respect of specific addresses in countries/regions to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions but this may not be possible until we have received your order. Orders received after any “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in London which is not a Saturday or a Sunday, will be processed on the next working day). Estimated delivery times will be calculated from the date on which the order is placed, unless otherwise specified.
5.3. Where you have selected any of ESSENTIAL ITEMS LIMITED's delivery services and your order has been accepted by us, your sole remedy for any failure by ESSENTIAL ITEMS LIMITED to dispatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.
5.4. Please note that certain delivery options will not be available across all our Platforms.
5.5. Title in the Products will pass to you on the later of: (A) the date on which we receive payment in full for such Products; and (B) the date and time of collection of such Products for delivery to your nominated address or designated store) (as applicable).
5.6. Once a Product has been received by you all risk of damage to, or loss of, the Product shall pass to you. In the event that you elect to collect the Product from a store, where that service is available, all risk of damage to, or loss of the Product shall pass to you upon the collection of such Product by you or by a third party on your behalf from the designated store.
5.7. We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
5.8. In the event that a Product is subsequently imported into a country/region other than the country/region to which ESSENTIAL ITEMS LIMITED delivered the Product or of the store from which you collected the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
6. CANCELLATION AND RETURNS
6.1. Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Exchanges Policy. This Returns & Exchanges Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (“REGULATIONS”). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country/region (if any).
6.2. Where you return a Product under the Regulations we will issue you with a full refund but you will need to return the Product at your own cost (if you have already received the Product), unless otherwise specified in our Returns & Exchanges policy. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, ESSENTIAL ITEMS LIMITED shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.
7. AGE REQUIREMENTS
7.1. If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
E. Pre-order of Products
1. The Terms in this Section E apply to any purchase of Pre-Order Products (as defined below in Section E(2)) and apply in addition to, and in the event of any conflict take precedence over, the Terms set out in Sections D(1) to D(7). In all other respects sections in Sections D(1) to D(7) of the Terms continue to apply in full force and effect.
2. From time to time we may invite you to pre-order selected Products on the Website or Platforms before they are available to purchase from ESSENTIAL ITEMS LIMITED physical or online stores or on the Platforms ("PRE-ORDER PRODUCTS"). In the event that we do so please note that the delivery options offered on the Website or Platforms and set out in Section D(5) of the Terms shall not apply to orders of Pre-Order Products. Pre-Order Products will be shipped as soon as the products are available and that could be between 4-16 weeks from the date that the order is placed and the estimated date that the Pre-Order Product will be dispatched to you will depend on the date it has been shipped and will be informed to you via e-mail and the information may also be available on your online account if you have one.
3. You agree that if you order a Pre-Order Product, you will be charged shortly after you place your order and before your item is dispatched. Notwithstanding the foregoing, your credit/debit card account or payment method may reflect the deduction of the purchase price immediately upon placing the order. Please note your order is not confirmed until payment has been taken.
F. Additional Terms from Third Party Providers
If the Website or Platform that you download, access and/or use runs on Apple’s iOS operating system:
1.1. The Website or Platform may only be accessed and used on an Apple branded device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
1.2. You acknowledge and agree that:
1.3. -Apple has no obligation at all to provide any support or maintenance services in relation to the Website or Platform. If you have any maintenance or support questions in relation to the Website or Platform, please contact us, not Apple, using the contacting details set out on the first page of these Terms;
1.4. -except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Website or Platform are between you and us (and not between you, or anyone else, and Apple);
1.5. -in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Website or Platform infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim and we, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; and
1.6. -although these terms are entered into between you and us (and not Apple), Apple, and Apple’s subsidiaries, as third party beneficiaries under these terms, will have the right to enforce these terms against you;
1.7. You represent and warrant that:
1.8. -you are not, and will not be, located in any country/region that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country/region; and
1.9. -you are not listed on any United States Government list of prohibited or restricted parties; and
1.10. If the Website or Platform does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the Website or Platform (if any), to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Website or Platform and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Website or Platform or as a result of you or anyone else using the Website or Platform or relying on any of its content.
1.11. Apple is not responsible for addressing any claims by you or any third party relating to the Website or Platform or your possession and/or use of the Website or Platform, including, but not limited to, (i) product liability claims; (ii) any claim that the Website or Platform fails to confirm to any applicable legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy or similar legislation.
H. Cookies Policy