These are the terms and conditions (“T&C”) on which ESME LILLY LIMITED (“we”, “us” “I” and “our”) supplies products (“Products or Item(s)”) and/or services (“Service(s)s or Item(s)”) to its customers (“customer”, “ebay user”, “member”, “you” and “your”). We reserve the right to update these T&C and the description of the item(s) from time to time. Updated T&C will be displayed on each listing and the Contract (as defined below and in our description) includes the T&C as in force at the time the Contract is formed.
You agree to read these and the description in its entirety and acknowledge and agree that you have been made aware of such update(s) and agree to be bound by them before buying any items from us.
1: WHOLE AGREEMENT
1.1: The contract between us and you is wholly documented by the purchase order for the Products and/or Services (“Order”), our description for the Products and Services (“Description”) and these T&C (the “Contract”) and the terms and policies set out by eBay.co.uk & EsmeLilly.co.uk
(https://www.ebay.co.uk/help/policies/az-index/az-index-policies?id=4649) | EsmeLilly.co.uk/legal/terms)
1.2: The Contract constitutes the whole of the agreement between you and us. All of the agreements and understandings between you and us are set out in the Contract and they supersede all prior terms and conditions, contracts, agreements, understandings and statements, whether written or oral. Without limiting the generality of the foregoing, these T&C prevail over any other terms and conditions contained in your Order or otherwise communicated, displayed or referenced by you and you agree that any such terms and conditions shall be of no legal force or effect.
2: GOVERNING LAW AND JURISDICTION
2.1: These T&C and each Contract shall be governed by the laws, polices, terms and conditions of the eBay.co.uk and the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of that country and of the Commonwealth of the United Kingdom (including any Courts having appellate jurisdiction) in respect of any dispute between them.
3: ORDER AND ACCEPTANCE
3.1: The Order(s) shall set forth at a minimum, the quantities, sizes, colours, type of product(s)/service(s). Delivery date and shipping instructions with respect to each delivery of the Product(s) and/or Service(s). Postage & Packaging and service and restocking charges. All Orders constitute binding commitments by you with respect to the Product(s) and Service(s) ordered and are subject to acceptance by us (which may be declined in our absolute discretion).
Subject to available production capacity, we will use our commercially reasonable efforts to fulfil all accepted Orders.
3.2 RETURNS You have 3 days from receipt of the Product(s) and Service(s) to notify us in writing if the Product(s) and/or Service(s) are not in accordance with the Orders description, otherwise you will be taken to have accepted the Product(s) and/or Service(s) in perfect working condition and as described and depicted and your liability to pay for them. After this date you will need to use the Returns & Money Back Policy if you find any issues.
4.1: The price charged for Product(s) and/or Service(s) (“Price”) will be as set out in a Current Quotation given to you for the Product(s) and/or Service(s); or, if no Current Quotation has been provided, as set out in our current price list(s) or dropdown selection menus.
The Price will be set out in the Order and/or selection box.
You agree to check both the description and selection box before committing to buy as selection an option can change the product’s condition and/or size, colour, make, model, amount, quantity, packaging, delivery time, location, design.
4.2 FEES: Service Charges, Restocking Fees, Postage Fees and other additional payments will be applied upon successful return or refund application.
These fees will be deducted from any awarded refund.
You agree that your total refund will reflect these additional payments and will minus these fees.
Theses fees can total up to 25% of the total price of the product(s) and or service(s) ordered from us and will reduce your final refund amount.
You agree not to dispute this and if you do successfully dispute and obtain these fees through other means.
You agree to a £12 fine on top of the amount of the fees for recovery of these fees.
The recovery process can affect your credit file and affect your ability to obtain credit in the future.
5.1: Product images are for illustrative purposes only and may differ from the actual product.
Due to differences in monitors, colours of products may also appear different to those shown on the ad/listing.
Some item images may have been uploaded for eBay and items may differ in colour, brand, model and size than in photos.
6: PRODUCT DESCRIPTION:
6.1: Some products may have an associated image(s) or photo(s).
These are for reference only and should be considered illustrative only, and should not be taken into consideration when buying this product.
You agree that you have read the full description and the items you are buying before you agree to enter into contract to buy the item.
6.2 DISCLAIMER: Although every measure has been taken to ensure the description of the product(s) and/or service(s) is correct.
We make no claim that the specifications are completely accurate and in some cases, some details may differ from displayed in the description to the product(s)/service(s) you receive. It is the responsibility of the customer to ensure they have enough knowledge of the product(s)/service(s) ordered from us and to bring to our attention before sale if any specification(s) or detail(s) is/are wrong or may be wrong.
A refund will not be available for slight errors in description and or specification(s)/details(s) of such product/service.
You understand and agree to taking the risk of slight inaccuracy definition of description/detail of product/service.
7: PRODUCT/SERVICE SUPPORT:
7.1 PRODUCT ISSUE: If you find a problem with your product(s). You must inform us right away and cease any further interaction with the product.
You must return the product(s) to us in the same condition you received them in and allow us to have the issue looked at.
Any attempts to self repair or self diagnosis or have a 3rd party repair or inspection of the product(s) will immediately void any warranty or return policy.
You must not open or attempt any repair at all or continue to use the product(s) if there is any sign of damage or issue with the product(s).
7.2 SERVICE ISSUE: If you experience any issues or problems using any of the services provided by us. You must inform us right away and allow us to inspect the issue/problem you have.
Any attempts to self repair or self diagnosis or allowing a 3rd party to access the service(s) will immediately void any warranty or return policy.