TERMS AND CONDITIONS OF BUSINESS
1. Introduction
1.1 These terms and conditions govern your order with us through eBay.
1.2 By using our eBay Shop, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our eBay Shop.
1.3 If you make a purchase on our eBay Shop, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to buy products; and by using our eBay Shop or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Copyright notice
2.1 Copyright (c) 2021 Emporium of Cool Ltd.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our eBay Shop and the material on our eBay Shop; and
(b) all the copyright and other intellectual property rights in our eBay Shop and the material on our eBay Shop are reserved.
3. Products
3.1 The advertising of products on our eBay Shop constitutes an invitation to treat rather than a contractual offer.
3.2 We may periodically change the products available on our eBay Shop, and we do not undertake to continue to supply any particular product or type of product.
3.3 Prices stated on our eBay Shop may be stated incorrectly.
3.4 The sale and purchase of products through our eBay Shop will be subject to [terms and conditions of sale], and we will ask you to agree to the terms of that document each time you make a purchase on our eBay Shop.
3.5 Any product reviews that you submit for publication on our eBay Shop shall be subject to the terms of Section 10.
4. Cancellation
4.1 We may cancel your order at any time in our sole discretion without notice or explanation.
4.2 You may cancel your order on our eBay Shop using your account control panel on eBay.
5. Your content: rules
5.1 You warrant and represent that your content will comply with these terms and conditions.
5.2 Your content must not be illegal or unlawful, must not infringe any person s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
5.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime [, instructions for the commission of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner];
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
6. Report abuse
6.1 If you learn of any unlawful material or activity on our eBay Shop, or any material or activity that breaches these terms and conditions, please let us know.
6.2 You can let us know by email.
7. Limited warranties
7.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our eBay Shop;
(b) that the material on our eBay Shop is up to date; or
(c) that the eBay Shop or any service on the eBay Shop will remain available.
7.2 We reserve the right to discontinue or alter any or all of our eBay Shop, and to stop publishing our eBay Shop, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any eBay Shop services, or if we stop publishing the eBay Shop.
7.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our eBay Shop and the use of our eBay Shop.
8. Limitations and exclusions of liability
8.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
8.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
8.3 To the extent that our eBay Shop and the information and services on our eBay Shop are provided free of charge, we will not be liable for any loss or damage of any nature.
8.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
8.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9. Breaches of these terms and conditions
9.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our eBay Shop;
(c) permanently prohibit you from accessing our eBay Shop;
(d) block computers using your IP address from accessing our eBay Shop;
(e) contact any or all your internet service providers and request that they block your access to our eBay Shop;
(f) commence legal action against you, whether for breach of contract or otherwise.
14.2 Where we suspend or prohibit or block your access to our eBay Shop or a part of our eBay Shop, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
10. Variation
10.1 We may revise these terms and conditions from time to time.
10.2 The revised terms and conditions will apply to the use of our eBay Shop from the date of their publication on the eBay Shop, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our eBay Shop from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our eBay Shop.
10.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
11. Assignment
11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12. Severability
12.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
12.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Third party rights
13.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
13.2 The exercise of the parties rights under these terms and conditions is not subject to the consent of any third party.
14. Entire agreement
14.1 Subject to Section 13.1, these terms and conditions, together with [our privacy and cookies policy], constitute the entire agreement between you and us in relation to your use of our eBay Shop and supersede all previous agreements between you and us in relation to your use of our eBay Shop.
15. Law and jurisdiction
15.1 These terms and conditions shall be governed by and construed in accordance with English law.
15.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
16. Returns & Refunds
16.1 We understand that from time to time you may wish to return a product to us.
16.2 We have created this policy to enable you to return products to us in appropriate circumstances.
16.3 This policy shall apply to all of our customers, irrespective of their geographical location.
16.4 This policy shall apply to all orders submitted through our eBay shop.
16.5 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015), Distance Selling Act.
17. Returns
17.1 If you need to return a product and receive a refund or exchange, then you are entitled to return a product to us and receive a refund in accordance with this policy if:
(a) we receive the returned product within 30 days following the date of receipt of the product by you;
(b) the returned product is unused, in its original unopened packaging (with any seal, ties or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new;
(c) you comply with the procedure set out in this policy in relation to the return of the product; and
(d) none of the exclusions set out in this policy apply.
18. Returns procedure
18.1 In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.
18.2 Products returned under this policy must be sent by Royal Mail Signed For delivery or Parcel Force to Emporium of Cool Ltd, 19 Thorne Crescent, Bexhill-on-Sea, East Sussex, TN39 5JH.
18.3 You will be responsible for paying postage costs associated with returns under this policy.
19. Exclusions
19.1 The following kinds of products may not be returned under this policy:
(a) gift vouchers.
20. Refunds
20.1 We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
20.2 We will not refund to you the original delivery charges relating to the returned product.
20.3 We will not refund to you any costs you incur in returning the product to us.
20.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
20.5 We will process the refund due to you as soon as possible and, in any event, within 14 days following the day we receive your returned product.
21. Improper returns
21.1 If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
22. Our details
22.1 This eBay Shop is owned and operated by Emporium of Cool Ltd - Registered in England & Wales - Registration No: 12906090.
22.2 Our registered office is at Hildenbrook House, The Slade, Tonbridge, Kent, TN33 0AG, UK.
23.3 You can contact us by writing to the business address given above, by using our eBay Shop contact form, by email to ebay@emporiumofcool.co.uk.
v1.5 June 2024
