Evelle Home Terms and Conditions for Ecommerce Website 2016
Our Terms & Conditions apply to all products displayed on this website. Your statutory rights are not affected by anything mentioned in these conditions.
Defintions: The words and expressions listed below have the following meanings in these Terms & Conditions:
'We', 'Us', 'Our', 'Seller' refers to Evelle Home
'You', 'Your', 'Buyer' refers to the customer
‘Conditions’ refers to these Terms & Conditions.
‘Product(s)’ refers to any Evelle Home products.
‘Service’ means any service supplied by Evelle Home.
Orders: All orders are subject to availability. Your order becomes binding as soon as we have accepted it. We do not take responsibility for over or under ordering of any products. It is your responsibility to ensure that you are completely satisfied that all details and aspects of your order are correct and suitable for your specifications and requirements. This includes without limitation measurements, product features, dimensions, access and delivery. All of our goods are suitably packaged for transit purposes only when they are dispatched. If goods arrive to you in a damaged state they must be signed for as damaged and contact made to us within 48hours. If goods are damaged after delivery as a result of poor handling or storage this is your responsibility and we will not accept any responsibility for this. We reserve the right to refuse supply of products or services to any individual or company. If you have under ordered the goods, any additional orders as a result of this will be treated as a seperate order.
Ownership: The website is an official website of EVELLE HOME. The copyright and database rights are owned by EVELLE HOME. The EVELLE HOME trademark and all other trademarks, logos and trade names depicted on the website are owned by EVELLE HOME. The website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organisation and arrangement thereof are owned by EVELLE HOME.
Limited Licence and Restrictions: The content and material contained on the website is made available to you for your personal and non-commercial use and you may only download such material and content for the purpose of using the website to a single personal computer, to which you agree and acknowledge. Any use of the material and content on the website is strictly prohibited, to which you agree and acknowledge. You further agree and acknowledge that it is strictly prohibited to, or to assist or facilitate a third party to, reproduce, transmit, copy, display, modify, publish, commercially exploit, distribute or create derivative works of material and/or content from the website without our written permission and is a violation of our intellectual property rights.
Basis of a Sale: All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions. To create a contract between you and EVELLE HOME the following must be observed:
To place an order on the website, please follow the simple onscreen instructions to take you through the ordering process. To place the order for your products you press 'Checkout'. In doing so you offer to purchase the goods at the prices indicated as well as paying any applicable delivery charges. We will send you an order acknowledgement email which will detail the products you have ordered. Please be aware that this email is simply an acknowledgement of your order and is not acceptance or confirmation of your order by EVELLE HOME. Your order will be accepted and the contract between us completed when payment of the products is completed, unless we have notified you otherwise or you have cancelled your order. Subject to your rights of cancellation, once your order is paid for in full and we have accepted it the order becomes binding. We will reject an order if the ordered product/s are out of stock or unavailable, we are unable to obtain payment authorisation or if we identify a product description or pricing error. We reserve the right to remove or edit any information on our website at any time, or to withdraw products. Withdrawing any product from our website; removing or edition and materials or content on the website; refusing to process a transaction or suspending a transaction after processing has begun does not make us liable to you or any third party and we will not accept liability in any of these instances. To be eligible to purchase products on this website you must register with us by providing your real name, valid delivery address, email address, phone number, payment details, a valid credit or debit card issued by a bank acceptable to us and any other requested information.Please be aware we do not permit PO box numbers, hotels and temporary addresses.
Fabric: When selecting a fabric you must be aware of it suitability for purpose and of its characteristics. Many of our fabrics have natural and manufacturing characteristics including slubs, knots, pile shading and direction or nap. We recommend where possible that products are placed away from direct sunlight and heat as this can cause fading and premature wear. We also recommend to regularly clean the products in accordance to instructions to prevent damage. On our website, we make every effort to display the colours of our products as accurately as possible. We do, however, not guarantee that the colours of products displayed on our website will be accurate due to variations in monitor display. We strongly recommend ordering a sample of our fabrics for full confidence from our website. Our fabrics are sold in nominations of 1mx1m, please contact us if you would like to discuss a bespoke order. Our fabrics are not supplied with any soil or flame retardent coatings. All of our velvet fabric and cushions will be printed with the nap going down unless otherwise stated.
Cancellation & Returns: When returning your order to us please do so by one of the following methods with proof of purchase from us. Proof of purchase includes the invoice enclosed with the order when you receive it or order confirmation. Please take reasonable care of the products whilst they are in your possession and return them to us unopened, unused and in their original packaging. Orders can be returned within 28 days of dispatch by post to Evelle Home, 3 Rowlatt Drive, St Albans, AL3 4NA. Please be aware that we are not liable for any loss or damage to the products whilst they are in transit to us. We strongly recommend that you return any products through a recorded delivery service and retain proof of postage. Please take care to package the products properly and securely to avoid the products getting damaged in transit. We reserve the right to charge you or refund any amounts attributable to you through loss or damage if returned products are lost or damaged in transit.
Delivery: All of our products are currently made to order. Once an order is placed, production can take up to 5 weeks depending on individual lead times. When your product is ready to be dispatched, it will be sent via Royal Mail Next Day Delivery, though this may vary depending on postcode and access. We are not liable for delays and/or failures in delivery if we cannot gain access to the address you supplied to us. If the customer delays delivery for more than three weeks after the estimated arrival date, additional charges may apply. We will keep you informed of the delivery process and timescales throughout the production process and will do all in our power to ensure that your order is delivered as close to the stated delivery date as possible. The risk of loss or damage to the products until you receive them is our responsibility. As soon as you receive the products and have paid in full the products are your responsibility. If you decide to return the products to us for any reason, they become our property and responsibility when we receive them.
Product Use: Unless otherwise stated, all of our products are designed for interior use only. It is your responsibility to ensure that the product is fit for purpose for its end use. We reserve the right to make any change to the specification of the products where necessary. We make every effort to ensure that the products we supply correspond as closely as possible to the images and samples displayed online. However, due to the unique characteristics of natural materials there may be variations, we will not accept responsibility for these variations which include but are not limited to:
The shade may vary on fabric printed in different batches.
All fabric measurements are approximate
Please allow +/- 2 cm variance on sizes stated.
Prices: Our prices exclude delivery charges unless otherwise stated and include VAT. EVELLE HOME are not responsible for import duties for international shipments. All prices are correct at time of publishing but may change due to inadvertent administrative errors or circumstances beyond our control, such as any variations to the rate of VAT.
Payment Methods: We accept Visa, Visa Debit, Visa Electron, MasterCard and UK Maestro. We do not accept American Express. When placing your order with us you confirm that the credit or debit card that is being used is your own. If your card issuer refuses to or does not authorise payment to us, we will not be liable for any delay or non-delivery of your order. All card payments are processed for a fee which is included in the cost of your purchase. We do not accept any additional payment methods under than the credit/debit cards stated. All refunds are processed to the payment card by which they were received. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. We take all reasonable precautions to keep the details of your order and payment secure. We cannot be held liable for any losses caused as result of unauthorised access to information provide by you, except where we are negligent.
Website Content & Linked Sites: We aim to keep the content of the website as up to date and accurate as possible. Due to clerical or administrative errors the information including product descriptions on the website at any time may not always reflect the product exactly. We take all reasonable care to ensure that all details, prices and descriptions appearing on the website are correct at the time when the relevant information was uploaded to the website. Please be aware that rejection of an order by us may occur if an error is identified, subject to your statutory rights. We do not make respresentations about any other websites which link to our website or which you may access through our website. You understand that when you access any other website it is independent from us and we have no control over the content or availability of that website. A link to any other website does not mean that we endorse or accept any responsibility for the content or the use of such a website. We shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other resource or website.
Intellectual Property: You agree and recognise that all database rights, trademarks, copyright and all other intellectual property rights in all material and/or consent of this website is owned by EVELLE HOME and shall remain at all times vested in us as expressly authorised by us.
Indemnity: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Liability & Warranties: Nothing in the Terms & Conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud. We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the products or goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
Security Policy: Our Payment Service Provider is Stripe. Stripe provides a secure payment gateway (Level 1 PCI), processing payments for thousands of online businesses in over 23 countries, including ours. It is Stripe's utmost priority to ensure that transaction data is handled in a safe and secure way. Stripe is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable. In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL. You can be sure that when buying through our site you are completely secure and protected. For more information on Stripe please visit
Risk & Title: No order is binding on EVELLE HOME or you until we have accepted it. From the moment the ordered products are dispatched by us to the postal service, or on full payment by you of the price of the goods and delivery charge all title and ownership passes to you. Risk will pass on delivery. If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.
Waiver: A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
Amendments to these Terms & Conditions: We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
TERMS & CONDITIONS
We offer Royal Mail Signed For Next Day delivery for all products on our website for delivery in the UK, except furniture products where the postage is priced accordingly. Please bare in mind that all of our products are currently made to order. Depending on individual lead times it may therefore take up to 5 weeks for delivery of your order. We offer this particular postal service to enable our customers to track their orders and so that we can provide you with accurate information on when your order will be delivered. This service has a set cost of £4.95 per order.
Please Note: Our courier requires a signature on delivery, please ensure that someone is available at your supplied address to sign for your delivery on the day we specify to you. If no-one is available the courier will leave you a card with details on how to re-arrange your delivery. If you fail to contact the courier in the time-frame specified on this card your order will be returned to us. If you require your order to be re-posted further postage costs will apply. Please be aware that once you have signed for your order it is your responsibility.
International: We are happy to offer International shipping for our products. Please get in touch to discuss and process your International order. Evelle Home are not liable for any import or custom charges that your order may incur in the delivery process.
Returns: If for any reason you are not completely satisfied with your Evelle Home purchase we are happy to offer a full refund on all goods returned to us within 28 days of the date of dispatch provided the items are in original packaging, are unused and in a perfectly re-saleable condition.
We strongly recommend that customers order fabric samples before purchasing our fabrics and cushions. Our images are as accurate as possible but due to lighting and monitor settings colours may slightly differ.
Online sales entitle you (the consumer) to additional rights due to Distance Selling Regulations. If you (the purchaser) notify us by email to or to our returns address (included in your order) of your wish to return an item within 7 days of receiving it, we will also refund you our delivery cost.