This website is operated by Ecoeri Limited (“Ecoeri”), Registered in England No 11215325
1. What are these terms and conditions?
1.1 These Terms and Conditions set out the terms on which Ecoeri provides the website, the goods provided to you via our website, and on which You agree to use the website to make orders. These Terms and Conditions apply to all orders made via the website.
1.2 Please review these Terms and Conditions carefully and make sure that You understand them before using the Website and/or making an Order. If You do not agree to these Terms and Conditions, You must cease use of the Website and must not make an Order through the Website.
2.1 In these Terms and Conditions:
- “Account” means the account of a User with Ecoeri which is created when a User registers with Ecoeri by completing the registration form available on the Website;
- “Basket” means the virtual shopping basket associated with Your Account on the Website which contains Goods selected by You for purchase;
- “Customer” means any User who purchases Goods from Ecoeri via the Website;
- “Goods” means the products ordered by and supplied to a Customer;
- “Listings” means a summary on the Website of Goods containing without limitation an image of the product (or a similar product), a description of the product and a statement of the price of the product;
- “Order” means any request by a User to purchase any Goods made by selecting one or more Listings, adding such Listings to Your Basket and making payment for the contents of Your Basket (as further detailed in clause 5);
- “Ecoeri”, “Ecoeri Limited”, “we” and “us” are references to Ecoeri Limited;
- “Brand” means the manufacturer, distributor and/or original retailer of any Goods for whom Ecoeri markets, promotes and publishes such Goods through the Website and takes and processes Orders for such Goods from Customers;
- “Website” means any website published by Ecoeri from time to time including without limitation the website at www.ecoeri.com and its subdomains, any associated social networking profiles and any applications for mobile devices published by Ecoeri from time to time.
- “User”, “Your” and “You” means a user of the Website.
3. Acceptance of Terms and Conditions
3.1 By using the Website and/or making an Order, You accept and agree to be bound by these Terms and Conditions.
3.2 Ecoeri may at any time modify these Terms and Conditions. We will notify You of any changes to these Terms and Conditions either by emailing You (at the email address entered by You into the registration form on the Website) and/or by posting a notice on the Website. By continuing to use the Website and/or making any Order after changes to these Terms and Conditions are made and notified to You, You agree to be bound by such changes.
3.3 You can review the most current version of our Terms and Conditions at any time by clicking on the ‘Terms and Conditions’ link. It is Your responsibility to ensure that You are familiar with the current Terms and Conditions. You are advised to check the above link on a regular basis.
4. What is the Website?
4.1 The Website is an ecommerce platform which publishes Listings for products sold by Brands to Customers and allows the Customer to:
- (a) click and collect Goods from a Store’s retail store where applicable; and/or
- (b) pay for Goods through the Website and have it delivered to an address specified by the Customer.
4.2 Ecoeri are not acting as the seller of Goods, but are merely an intermediary platform which facilitates Customers to make Orders from Brands and if a Customer so wishes, pay for that Order through the Website.
5. How to make an order
5.1 Users may browse the Website for free and may view Listings without any obligation to make an Order.
5.2 If You wish to purchase Goods shown in a Listing, You may select it by clicking “Add to Basket” on the Listing for the relevant Goods. The default setting for quantity of Goods shown in the Listing is generally (though not always) one item.
5.3 When You click the “Add to Basket” button on a Listing, the Goods shown in that Listing will be transferred to Your Basket. You can view Your Basket at any time by selecting the Basket icon at the top right hand side of every page of the Website.
5.4 By adding Goods to Your Basket, You have not entered into any binding commitment. At any time prior to payment, You can delete any item from Your Basket by selecting the ’remove’ button below the relevant Goods in Your Basket.
5.5 When You have finished selecting Goods, You may select the “Checkout” button at the bottom of Your Basket.
5.6 You will be asked to log in to Your Account, or if You have not yet set up an Account, You will be asked to register with the Website as a Guest or by creating an Account. Once You have logged into Your Account (or have registered an Account or as a Guest with the Website), You will be redirected to the web page of our secure payment provider. You will be asked to enter Your credit or debit card details and to click “submit”. Depending on Your card provider, You may be redirected to a card verification page in which You will be asked to enter certain letters or numbers of Your secret password. This card verification page is operated by Your card issuer.
5.7 Discount codes, vouchers and free credit may be restricted or terminated at any time without prior notice. Use of such discount codes, vouchers and free credit are limited to one per household unless otherwise stated.
5.8 Ecoeri will not see or receive Your credit or debit card details or the letters or numbers of Your secret code (to the extent that You are required to enter these). These will be viewable only by the payment provider and/or Your card issuer (as applicable).
5.9 When Your payment has been processed, You will receive a confirmation email from Ecoeri.
5.10 On completion of the payment process which shall occur at the later of submission by You of Your credit or debit card details and (to the extent applicable) submission of the relevant letters or numbers of Your secret password, an Order will to have been made.
5.11 The Order is with the Brands(s) offering the Goods for sale. No contract comes into existence between You and Ecoeri.
5.12 The Order is only accepted once it has been dispatched by the Brand(s). The processing of a payment and acknowledgement of the Order does not constitute a legally binding contract.
5.13 The cancellation and refund policies set out below shall apply to such Order.
6.1 Where You choose to have the Goods delivered to You, the Brands shall use a courier to deliver the Goods to the Customer.
6.2 Delivery charges (if applicable) will be added at checkout.
6.3 Ecoeri and the Brands rely on third parties to provide delivery services. Neither we nor the Brands can be responsible if estimated timelines are not met.
6.4 If you order goods from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. 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.
7.1 If for any reason You are unhappy with Your Order You, you must email us at email@example.com with your return request within 14 days of receiving your order. Please note that delivery times might vary so it’s best to return as soon as possible to ensure you will fit within the 14 days time frame.
7.2 Ecoeri will let the Brand know about the return and you will receive a confirmation email.
7.3 Return your order by post to the Brand within 14 days of receiving them to the address specified on your package. You are responsible to ensure that the item arrives back to the Brand within the 14 days time frame. You must not send the Goods to Ecoeri.
7.4 All items must be returned new, unused and with all tags and original packaging. Please note: Unless faulty, we are unable to accept returns of perishable items, earrings (for hygiene reasons), personal items sold with a hygiene seal where that seal has been broken, underwear, swimwear, products made to order, or any item that has been used or returned in an unsaleable condition. Returns that do not meet our policy will not be accepted and sent back to You.
7.5 Refunds will only be credited to the original payment method used. The refund does not include any shipping or handling costs.
7.6 We strongly advise You to send all returned items by a secure signed for service. Any returned items must be insured for the full amount of the sum paid and signed for on delivery.
7.7 Neither Ecoeri nor the Brand shall be responsible for any lost or damaged Goods. Therefore, You are advised to retain the proof of postage certificate for any Goods returned.
7.8 Postal costs for returned Goods will be Your responsibility. In the event that Goods posted to You are damaged, faulty or incorrectly supplied, Ecoeri will refund the postal costs incurred by You.
7.9 If You have opted to receive a refund Ecoeri will credit the original purchaser`s credit/debit card for the sum paid within 10 business days of being notified by the Brand of receipt of the returned Goods. Card refunds may take 2-3 business days to appear in Your account.
7.10 Orders which are used for commercial purposes and subsequently returned (e.g. for use as props for photography) are actively monitored. Ecoeri reserve the right to refuse to serve customers suspected of undertaking this activity for future orders.
8. Your conduct
8.1 By downloading and/or using the Website, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
8.2 You agree and undertake to keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password.
8.3 You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions.
8.4 You also agree not to:
- (a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
- (b) attempt to gain access to secured portions of the Website to which You do not possess access rights;
- (c) impersonate any other person while using the Website;
- (d) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
- (e) resell or export the software associated with the Website;
- (f) use the Website to generate unsolicited advertisements or spam; or
- (g) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
9. Our rights
In providing You with access to the Website, publishing Listings and permitting You to make Orders for Goods via the Website, Ecoeri reserves the following rights, and in accessing, browsing or otherwise using the Website and/or making any Order via the Website You grant to Ecoeri and agree that Ecoeri shall have the following rights:
- (a) the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in Ecoeri’s sole and absolute discretion You violate or breach any of these Terms and Conditions;
- (b) the right to suspend, amend or disable Your Account without giving You notice or any reason;
- (c) the right to remove or amend any Listing without giving You notice or any reason;
- (d) the right to cancel any Order or amend in part any Order without giving You notice or any reason, save that in such circumstances Ecoeri shall refund such part of the Order as has been cancelled by it;
- (e) the right to amend or update the Website, prices of any Goods, any Listing, billing methods or these Terms and Conditions from time to time;
- (f) the right to report You to the police or other judicial body if Ecoeri believes in its sole and absolute discretion that Your conduct (whether in using the Website, making an Order for any Goods or otherwise) is or may be unlawful.
10. Intellectual Property
10.1 Ecoeri are the sole owners of the Website, which includes any software, domains, and content made available through the Website.
10.2 The Ecoeri Website is protected by UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without Ecoeri’s prior express written consent.
10.3 Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. Ecoeri reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
10.4 Ecoeri and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Ecoeri. They may not be used without Ecoeri’s prior express written permission.
10.5 All other trademarks not owned by Ecoeri that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Ecoeri.
Whilst we have implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.
12. Electronic communications
By downloading and/or using the Website and/or viewing Listings and/or making any Order for Goods through the Website, You consent to receiving electronic communications and notices from Ecoeri. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
14. No warranty and liability limit
14.1 Ecoeri provides the Website “as is” and without any warranty or condition, whether express, implied or statutory. Ecoeri specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).
14.2 Ecoeri assumes no liability or responsibility for any errors or omissions in the Website; any failures, delays or interruptions in the Website or in delivery of any Goods; any losses or damages arising from the use of the Website and/or any delay in delivery of any Goods and/or any errors in any Order and/or any Goods that are not of satisfactory quality or do not match the description of such Goods in the relevant Listing, save that on request Ecoeri shall refund the price of such goods subject to the policy on returns detailed above; and any conduct by users of the Website.
14.3 Ecoeri reserves the right to deliver the Website, to publish Listings and to facilitate Orders in its sole and absolute discretion.
14.4 In no event shall Ecoeri, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the publication of any Listing, the placement by You of any Order, the delivery of any Goods, the failure in whole or in part to deliver any Goods or these Terms and Conditions, on any theory of liability, and whether or not advised of the possibility of damage.
14.5 Ecoeri does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Ecoeri.
14.6 If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
14.7 From time to time You may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, You agree to be bound by the Terms and Conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
14.8 Ecoeri specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.
You agree to indemnify and hold Ecoeri and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys` fees and court costs, arising, directly or indirectly, out of Your breach of these Terms and Conditions and/or Your violation of any law or the rights of any third party.
16.1 You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, Ecoeri’s advertising or any related transaction between You and Ecoeri shall be governed by and construed in accordance with English law.
16.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Ecoeri may change or discontinue the availability of the Website and at any time without prior notice. Trouva reserves the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that You violate any of the Terms and Conditions set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website and will not make any Order.
18.1 These Terms and Conditions are agreed between You and us. No person shall have any rights under or in connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
18.2 If any court or competent authority decides that any term of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
18.3 Ecoeri reserves the right to charge interest on any late payments at the rate of 7% per annum above the base rate of the Bank of England. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
18.4 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
18.5 Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
18.6 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms and Conditions without our prior express written consent.
18.7 These Terms and Conditions set forth the entire understanding and agreement between You and Ecoeri with respect to the subject matter hereof.
18.8 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
18.9 You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).