Terms of Sale
TERMS OF SALE
These Terms will apply to any contract between us for the sale of Products to you from our US website (the “Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site or any Made-to-order Products by e-mail. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site.
We amend these Terms from time to time, and may, on occasion, revise these Terms as they apply to your order to reflect changes in relevant laws and regulatory requirements. Every time you order Products from us, please check these Terms, as the Terms in force at the time of your order will apply to the Contract between you and us.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Our Site is operated by Edward Green and Company Limited ("we"). We are registered in England and Wales under company number 02926900 and have our registered office at Cliftonville Road, Northampton, Northamptonshire, England, NN1 5BU. Our main trading address is 75 Jermyn Street, London SW1Y 6NP. Our VAT number is GB 86 4442 316.
The images of the Products on our Site are for illustrative purposes only and your Products may vary slightly from those images, as although we have made every effort to display the colours accurately:
- we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products; and
- as the leathers we use for a number of our Products are natural products, the colour of these is built up through stages of tanning and hand-finishing, and so slight blemishes and differences in colour are common.
The packaging of the Products may vary from that shown on images on our Site.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old.
For Standard Products:
Our shopping pages will guide you through the steps you need to take to place an order with us for our Standard Products. Our order process allows you to check and amend any errors at several stages before submitting your order to us. Please take the time to read and check your order at each page of the order process and use the ‘edit’ button to amend your order.
For Made-to-order Products:
Our shopping pages guide you through the steps you need to enquire by e-mail or telephone about Made-to-order Products. Once you have discussed and agreed the particular model, style, dimension, colour, type of leather, size, type of sole, and any other additional details of the Made-to-order Product with an Edward Green representative, we will:
- provide details of the proposed order for Products, including a description of the Products, the price, the terms on which these Products will be supplied, and the estimated delivery time; and
- clearly set out how you can confirm and submit this order by making payment. Please take the time to read and check your order before you make payment and contact your relevant Edward Green representative to amend any errors.
ACKNOWLEDGEMENT AND ACCEPTANCE OF YOUR ORDER
After you place an order for Standard or Made-to-order Products you may receive an e-mail from us acknowledging that we have received your order (the “Order Acknowledgement”)
- For both Standard and Made-to-order Products, you may also at some point after ordering, which will depend on whether you have ordered Standard or Made-to-order Products and whether you have opted for delivery or collection from store, receive confirmation from our chosen courier that your goods have been dispatched. However, please note that neither of these communications means that your order has been accepted.
We will confirm our acceptance of your order:
- in the case of Standard Products, by sending you an e-mail confirming that the Product/s have been dispatched by our chosen couriers or are ready for collection, and containing other relevant information, including details, and the price, of the Products (the “Order Acceptance”); and
- in the case of Made-to-order Products, by sending you an e-mail confirming the details of your Order, including the price and description of the Products (the “Order Acceptance”). Confirmation, in this case, that the Products have been dispatched or are ready for collection will come after the Order Acceptance as the Products have to be hand/custom made.
Please note that the Contract between us, in the case of either type of Product, will only be formed when we send you this Order Acceptance.
We always strive to provide a flawless service, but if for some reason, we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
You can check and amend your order at various stages before the contract is made, see above. However, if you are unsure of the process and wish to make any changes to your order, please contact [email protected] as soon as possible and, provided we haven’t dispatched your order, or in the case of Made-to-order Products begun production, we will work with you to make any requested changes.
RIGHT OF CANCELLATION, RETURN AND REFUND
Cancellation Right and Period
You have the right to cancel a Contract during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about the legal consumer right to cancel is available from your local Citizens' Advice Bureau or Trading Standards office.
Please note that this cancellation right does not apply in the case of Made-to-order Products.
Your legal right to cancel a Contract starts from the date of the Order Acceptance, which is when the Contract between us is formed. Your deadline for cancelling the Contract then ends 14 days after the day on which:
- you receive, or collect, the Product; or
- where multiple Products contained in the same order are delivered on separate days, the last of the separate Products ordered is received.
Process to Cancel
To cancel a Contract, you just need to let us know that you have decided to cancel. You can do this by:
- completing the cancellation form on our Site. A link to the website cancellation form will be included in our Order Acceptance. If you use this method we will e-mail you to confirm we have received your cancellation; or
- e-mailing us at [email protected] or contacting us by post at 75 Jermyn Street, London, SW1Y6NP. If you are emailing us or writing to us we suggest you include the Model Cancellation Form at Appendix (1) so that it is clear who you are and the order of Products you wish to cancel, although this is not compulsory.
If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
Return Following Cancellation
If a Product has been delivered to you before you decide to cancel your Contract we offer a free returns service – for orders of over $250. You can either:
- return it to us in-store at 75 Jermyn Street, London SW1Y 6NP. Please contact [email protected] to obtain a printable returns label; or
- arrange to hand it directly to our chosen courier by contacting Edward Green at [email protected] who will give you a Returns Merchandise Authorisation (“RMA”) number and a time for our chosen courier to pick up the Products.
You must return these Products to us in excellent condition and in the original packaging within 14 days after the day on which you let us know that you wish to cancel the Contract or after receiving your RMA number.
REFUNDS FOLLOWING CANCELLATION
If you cancel your Contract, Sage Pay will:
- refund you the price you paid for the Products. However, you must take care of the Products before you return them to us, as we will reduce the amount of your refund if you use them, damage them or otherwise do something beyond what is reasonably necessary to examine them and reduces their value. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
- We do not refund the cost of original postage.
make any refunds due to you as soon as possible, usually within 72 hours of being processed, and in any event within the deadlines indicated below:
- if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us or handed it directly to our chosen courier. (See the above section on returns.)
- if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
SagePay will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
OTHER CANCELLATION, RETURN AND REFUND RIGHTS
We are under a legal duty to supply Products that conform with this Contract and you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
If any Products we deliver are defective, faulty or not as described, please notify us within 6 months following your receipt of the Product and return the Product to us in the manner described above. We will examine the Product and if it is defective, faulty or was not as described, we will offer you a replacement Product, or if you are not satisfied with this, a refund of the price of the Products in full, together with any applicable delivery charges within 14 days of receipt of the Product.
If the Product is found to be defective or faulty on receipt by us, we will refund you the cost of returning the Product, which will be payable within 14 days of receipt of the Product. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you accept the replacement Product, we will deliver to the address you supplied in your original order with us (unless specified otherwise), and pay for the delivery costs of getting this Product to you.
From the US website we only deliver to the United States of America. For delivery to other regions please use our international site.
If you purchase from our US site we will deliver your purchase duty paid into the United States, provided your order is for over $250. You will be responsible for paying any further local sales tax. For orders under $250 you will be responsible for paying any duties and taxes. Please note that we have no control over these charges and we cannot predict their amount. You must also comply with all applicable laws and regulations of the country for which the Products are destined, as we cannot be liable or responsible if you break any such law.
You will receive confirmation both from our chosen courier, and from us, that your Products have been dispatched. These confirmations will contain a tracking number so that you can track the progress of your delivery with our chosen courier.
Deliveries are made by our chosen courier between 8.30am – 6pm and are always by way of recorded delivery, which requires your signature for the Product/s to be delivered.
If you are not available at your given address to sign for the delivery, our chosen courier will leave you a note that the Products are being held by them. Our chosen courier will contact you on the telephone number you provided with your order to re-arrange delivery and if they cannot get through to you on the third attempt, will contact us so we can make an attempt. If our attempt at contact is unsuccessful, the Products will be returned to us and you will have to contact us to re-arrange delivery or collection.
Delivery of an Order shall be completed when you sign for the Products at the address you gave us and the Products will be your responsibility from that time.
You own the Products once we have received payment in full, including all applicable delivery charges.
If you are concerned that your Products have been lost at some point in their journey to you, please contact [email protected] within 7 working days of placing your order, so we can investigate.
In the unlikely event your Products arrive in a damaged condition, or there is a discrepancy in the contents of any Products you have received, please contact [email protected] within 2 working days of receiving your order so that we can investigate the issue and work with you to reach a solution.
Provided an Order Acceptance has been received, orders placed before 4pm (London time) will be dispatched the same day with an estimated delivery date 1-3 working day after the date of the Order Acceptance to all US delivery destinations.
The delivery date for Made-to-order Products will be agreed between you and us on a case by case basis depending on the specification of the Products and notified to you in writing.
Occasionally our delivery to you may be affected by an event outside our control.
If we miss the delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this contract, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
If you do choose to cancel your Order for late delivery you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
PRICE OF PRODUCTS AND DELIVERY CHARGES
The prices of the Products will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process for Standard Products or in e-mail correspondence for Made-to-order Products, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
HOW TO PAY
You can only pay for Standard Products using SagePay.
Payment for the Products and all applicable delivery charges is in advance. SagePay will not charge your debit card or credit card until they dispatch your order.
For Made-to-order Products you may also pay using a debit or credit card over the telephone. We accept the following cards: Visa, Mastercard, American Express, Delta, Electron, Maestro and JCB.
Where you make payment with us using a debit or credit card over the telephone, payment for the Products and all applicable delivery charges may be in advance, or where we deem appropriate, in part.
Nothing in these Website Terms of Supply excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law, including any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession, any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Products, whether express or implied.
You agree not to use any Products for any resale purposes.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
COMMUNICATIONS BETWEEN US AND CONTACTING US
When we refer, in these Terms, to "in writing", this will include e-mail. If you wish to contact us for any reason, including where you have any complaints, you can contact us by e-mailing: [email protected]
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be sent by pre-paid first class post or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Website Terms of Supply, its subject matter and its formation, are governed by English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
CANCELLATION OF GOODS FORM
Please download, complete, and return the Cancellation Form to us.