TERMS AND CONDITIONS
a) All contracts of sale made by Emma Catrin shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom Emma Catrin is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Contracts Regulations 2014.
b) All orders are subject to acceptance and to availability of the goods ordered. Emma Catrin is entitled to refuse any order placed by you.
c) You undertake that: 1. all details you provide to us for the purpose of purchasing goods or services offered on our website are correct and 2. the credit or debit card you use to make a purchase from us is your own or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
a) All prices are inclusive of VAT at the current rates where applicable and are correct at the time of entering information.
b) Emma Catrin reserves the right to change prices without prior notice.
3. Delivery, Title and Risk
Any time or date stated for delivery is an estimate only. Emma Catrin makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time
b) If Emma Catrin is unable to deliver the goods within 30 days of the date of order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Emma Catrin in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Emma Catrin after the above date, but before delivery of the goods or notification from Emma Catrin that the goods are ready for delivery.
c) Emma Catrin does not accept liability for shortages or damage to deliveries unless the Customer notifies Emma Catrin of the shortage or damage in writing within 14 days of receipt of the delivery.
d) The customer has to accept the goods when they are ready for delivery.
e) Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer.
f) Title in the goods does not pass to the Customer until payment is received in full by Emma Catrin.
g) If the customer cannot accept delivery, Emma Catrin may at its option:
(1) store and insure the goods at the Customer’s expense and risk or (2) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (3) re-arrange delivery provided that Emma Catrin may charge the Customer for the additional delivery costs incurred.
a) Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the despatch of your good(s) or provision of service to you.
b) You confirm that the credit/debit card that is being used is yours.
c) All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
5. Product Specifications
a) Emma Catrin makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities without prior notice.
b) If Emma Catrin cannot supply the goods ordered by the Customer, Emma Catrin reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Emma Catrin in respect of that order. This shall be the sole remedy of the Customer in these circumstances.
6. Trade names and Trademarks
a) Trade names and marks (other than “Emma Catrin”) are not always indications of the actual manufacturer of a particular product.
7. Warranties and Returns
a) Emma Catrin is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases, we offer the returns facilities described below.
b) All goods supplied by Emma Catrin are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law. Subject to this, however, goods are not tested or sold as being fit for any particular or for use under specific conditions, unless expressly agreed in writing. All services provided by Emma Catrin will be provided with reasonable skill and care and within a reasonable period. If you purchase services in the course of your business, all other express or implied terms or warranties relating to the services are excluded to the fullest extent permitted by law.
c) Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 Emma Catrin does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
d) In the event that Emma Catrin, at its discretion (unless the Consumer Contracts Regulations apply), agrees to accept the return for credit of unwanted products, the goods must be returned within the guidelines of the Returns Policy.
8. Emma Catrin’s Liability
a) Emma Catrin shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, (including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Emma Catrin’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.
b) Nothing in this agreement shall limit Emma Catrin’s liability for death or personal injury caused by its negligence.
9. Promotional Offers
On occasion Emma Catrin chooses to run promotions and offers on selected products or lines. Qualifying promotions and offers will be automatically applied to your order both on the website and in-store and are subject to the below terms and conditions:
With the exception of free delivery offers, promotions cannot be used in conjunction with any other offers
Offers are valid only on the full price products indicated
Offers are valid for limited time periods except clearance sale items
If an item is returned for a refund that brings the amount spent below any qualifying amount, the refund may be reduced to reflect this
All offers are subject to stock availability. Emma Catrin reserves the right to amend, withdraw or extend offers at any time, without prior notice
10. Health and Safety
a) In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, Emma Catrin confirms that the goods it supplies as a distributor do not present a hazard to health and safety 1. when properly used for the purpose for which they are designed; and 2. if the Customer takes reasonable and normal precautions in their use.
11. Force Majeure
a) Where, in spite of its reasonable efforts, Emma Catrin is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.
12. The Consumer Contracts Regulations 2014
a) Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Emma Catrin website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Contracts Regulations 2014 (“the Regulations”).
b) If the Regulations apply, Customers may cancel goods purchased from Emma Catrin by sending a written notice of cancellation addressed to Customer Services at Emma Catrin.
c) The notice of cancellation must be sent within 14 working days of the date of delivery after the goods are received.
d) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Emma Catrin, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
e) The Customer is under a duty to retain possession of the goods whilst awaiting return to Emma Catrin and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
13. Errors and Omissions
a) Emma Catrin makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Emma Catrin will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Emma Catrin’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Emma Catrin after the manifest error has been discovered.
b) A ‘manifest error’, as the term is used in sub-paragraph a) above, means, in relation to an incorrect price, a price quoted in error by Emma Catrin which is more than 10% less than the price that would have been quoted had the mistake not been made.
a) Nothing in these terms and conditions affects your statutory rights as a consumer
b) If any provision in this agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
c) Any waiver of a breach of this Agreement must be in writing
d) Any variation of this Agreement must be in writing and signed by a duly authorised Emma Catrin official.
e) The headings are for convenience only and shall not affect the interpretation of this Agreement.
f) Any notices given under this Agreement shall be in writing and sent: 1. by first class pre-paid post to the last known address of the party; or 2. by e-mail to the last notified e-mail address of the party.
g) The notice shall be deemed served: 1. two working days after posting; or 2. after system confirmation of e-mail delivery
h) These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts
i) Emma Catrin may, at its discretion, record telephone transactions for staff training and quality control purposes.
j) Emma Catrin reserves the right to change or amend these terms and conditions at any time and without prior notice.
15. Emma Catrin Gift Cards & E-Gift Cards
a) Emma Catrin Gift Cards and E-Gift Cards are valid for two years from the date of the last transaction. Any remaining balance will be cancelled after that time.
b) Gift Cards and E-Gift Cards cannot be exchanged for cash.
c) Gift Cards issued can be used online at Emma Catrin.
d) Gift Cards and E-Gift Cards can be used with one other method of payment (debit / credit card or PayPal), and multiple Gift Cards can be used at the same time as a method of payment.
e) Refunds for online purchases made with a Gift Card and returned to the website will be placed back onto a new Gift Card.
f) Gift Cards need to be retained until you are fully satisfied with your purchase.
g) Emma Catrin is unable to refund lost, stolen or damaged Gift Cards.
h) Gift Cards and E-Gift Cards can be used towards the purchase of goods at a higher price than their face value upon payment of the difference.
16. Account credit
a) Account credit valid for two years from the date of issue. Any remaining balance will be cancelled after that time.
b) Account credit cannot be exchanged for cash.
c) Account credit issued can be used online at Emma Catrin.
d) Account credit can be used together with one other method of payment (debit / credit card or PayPal).
e) Refunds for online purchases made with Account credit and returned to the website will be placed back to Account credit. Refunds for online purchases made with Account credit or Account credit together with a Gift Card and returned to the website will go back to Account credit only.
f) Account credit can be used towards the purchase of goods at a higher price than face value upon payment of the difference.
17. Prize Draws
Should Emma Catrin be unable to contact a winner within 14 days of the draw, or if a winner is unable to accept the prize, the Promoter reserves the right to award the prize to an alternative winner, drawn in accordance with these terms and conditions.
The result of the prize draw is final and binding in all matters and no correspondence will be entered into.
Emma Catrin reserves the right to remove or to refuse to post any submission for any reason and any refused posts will not be entered into the prize draw.
Emma Catrin reserves the right to cancel, amend, terminate or temporarily suspend this promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties.
All entrants to competitions and offers are deemed to have accepted these rules and agree to be bound by them, and agree to co-operate in any publicity that may arise which may include their name or image being used on websites, magazines or mobile services at any time as a result of the competition.
We reserve the right to disqualify or not award a prize to an entrant who in our opinion has not entered into the spirit of these terms and conditions or the intention of the competition.
18. Instagram Image Rights
By responding positively to our request, you agree to the following:
a) You grant Emma Catrin a royalty free, perpetual, worldwide licence to use your social media handle and your social media photograph(s) and in relation to which you have responded (the “Photos”) on Emma Catrin, (and/or on any of Emma Catrin’s platforms (including but not limited to Instagram, Facebook and Twitter and/or in printed publications (e.g. Catalogues, guides).
b) Emma Catrin may use, reproduce, distribute, combine with other materials, alter and/or edit your Photos in any manner in its sole discretion.
c) You hereby represent and warrant that (i) you own all rights in and to your Photos, (ii) you have permission from any person(s) appearing in your Photos to grant the rights herein, (iii) you are 18 years or older, and (iv) Emma Catrin use of your Instagram handle and/or Photos will not violate the rights of any third party or any law.
d) You hereby waive any moral rights in the Photos to which you are now or may be at any future time entitled under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction.
e) You hereby release and discharge Emma Catrin from all and any obligation to pay you for any use of your Photos and any of the intellectual property rights contained therein in connection with the uses described above.
f) You hereby release, discharge and agree to hold Emma Catrin and any person acting on Emma Catrin’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Photos as described above.
19. Handmade in the UK
a) Emma Catrin products are hand made in the UK
b) Emma Catrin has the right to source materials and supplies from outside of the UK.
c) All items are quality checked before dispatch.
d) Every design is hand crafted; therefore, no two pieces are exactly the same. Each will have unique differences or quirks.
e) Great care is taken to ensure that photographs and text descriptions are a true representation of the products so that you receive items that you are happy with, however, please bear in mind that colours may appear differently on screens.
f) All designs on this website and associated with Emma Catrin are copyright and are not permitted to be reproduced or re-sold.
g) As a lot of Emma Catrin products are one-off designs, items are sold on a first come first served basis. If the item you desired has since been sold, please contact Emma Catrin to see if it is possible to recreate or make something similar.
20. Product Usage
All products by Emma Catrin are to be used for personal use only and not to be reproduced in any capacity for sale.
No part of this website or its contents including products and designs may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or otherwise, without the prior permission of Emma Catrin.
21. Product Care
Pay careful attention to the care instructions that can be found sewn inside Emma Catrin products.
Due to the wide range of materials and the three-dimensional element to Emma Catrin products, avoiding washing the products if possible. If necessary, take extreme caution and be very delicate, using a cool damp cloth. Emma Catrin will not except refunds or be held liable for damage caused by washing. Contact Emma Catrin for further information.
Keep products away from children. Emma Catrin designs are made up of a lot of small elements, like beads, which could cause a choking hazard for children. Emma Catrin will not be held liable for any harm caused.
Keep products away from fire. Emma Catrin products are not designed to withstand extreme heat. Emma Catrin will not be held liable for any harm caused
Emma Catrin products are packed with care to ensure a safe delivery.
Items are sent wrapped in tissue paper and tied with Emma Catrin ribbon. They will be wrapped in bubble wrap where required and either sent in a box or postage bag depending on the product. Emma Catrin has the right to change packaging without informing customers.
Delivery costs are not included in the selling price. All items are sent via Royal Mail (signed for 1st class). Check your delivery address is correct to ensure your parcel is delivered to the right address. Goods are aimed to be dispatched within 1-3 working days from receipt of your order. Every effort is made to keep stock levels updated, however, as every item is handmade, levels are subject to some fluctuation. Should an item sell out before levels are updated, you will be contacted as soon as possible to advise of the delay.
For 'made to order' or bespoke/personalised products the delivery time will vary depending on the time needed to make the item and the ordering of necessary materials.
If you are not satisfied with your purchase, please feel free to contact Emma Catrin and discuss the issue and come to an agreement on how best to address it.
Returns are not accepted for commissioned or personalised products because of the individuality they hold. Exceptions will be made if the product arrives damaged or defective. Returns of standard products are accepted.
Contact Emma Catrin within 14 days of delivery and send the item back in its original packaging, unwashed, unused, in its original condition with all the original labels attached and with proof of purchase within 30 days of receipt.
Buyers are responsible for return postage costs.
If the item is not returned in its original condition, the buyer is responsible for any loss in value.
Refunds will not be issued until the product is received at Emma Catrin and has been inspected. This does not affect your statutory rights.
If required, contact Emma Catrin for the return address stating the issue and when and where the product was purchased.
When returning an item, it is recommended that you use a recorded service as Emma Catrin is not responsible for items that are lost or damaged in the post. Items remain your responsibility until they reach Emma Catrin.