Terms and conditions

These terms and conditions are the contract between you and The Evil Eye Company Ltd. (“us”, “we”, etc). By visiting or using our website, you agree to be bound by them.

The Evil Eye Company Ltd, is registered in England, company number: 13058694.

 

‘You’ refers to anyone who uses our website.

 

Please read this agreement carefully and save it. If you do not agree with it, you should leave our website immediately.

The terms and conditions:

Definitions

In this agreement:

“Carrier” means any person or business contracted by us to carry goods from us to you.

“Content” means any content in any form published on our website by us or any third party with our consent.

“Goods” means any of the goods we offer for sale on our website, or, if the context requires, goods we sell to you.

“Our website” refers to this website, and includes all web pages controlled by us.

"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, content and/or other material on to our website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

Interpretation

In this agreement unless the context otherwise requires:

1.a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2. these terms and conditions apply to all supplies of goods by us to any customer. They prevail over any terms proposed by you.

3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;

5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;

7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

8. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to our website.

9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Our contract with you

10. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

11. Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement.

12. If you use our website and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

13. Because we rely on our suppliers, we do not guarantee that goods advertised on our website will be available.

14. The price of goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those goods.

15. If you buy goods from us under any arrangement which does not involve payment via our website; these terms still apply so far as they can be applied.

16. We do not sell the goods in all countries. We may refuse to deliver the goods if you live in a country we do not serve.

17. We may change these terms of business from time to time. The terms that apply to you are those posted here on Our website on the day you order goods.

Acceptance of your order

18. Your order is an offer to buy from us. Nothing that we do or say will amount to acceptance of that offer until we dispatch the goods to you.

AND

19.At any time before the goods are dispatched, we may decline to supply the goods to you without giving any reason.

20. If we do not have all of the goods you order in stock, we will offer you alternatives. If this happens you may:

  1. accept the alternatives we offer;

  2. cancel all or part of your order.

Price and Payment

21. The price payable for the goods that you order is clearly set out on our website.

22. If we cannot fulfill your order within e.g 28 days we will offer you a refund for those parts of your order that we have been unable to complete? (Sounds better)

23. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than British Pounds Sterling will be borne by you.

24. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

25. The price of the goods does not include the delivery charge which will be charged at the rates applicable at the date we dispatch and which will be displayed on a page of our website before we ask you to pay.

26. If we owe you money, we will credit your credit or debit card as soon as reasonably practicable and normally, no later than 14 days from the date when we accept that repayment is due.

 

Security of your credit card

We take care to make our website safe for you to use.

27. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

Cancellation and refunds

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

28. Information relating to the specification of our goods is not contained in this document but in our marketing material, whether that is in the medium of our website or in hard copy.

29. The following rules apply to cancellation of your order:

  1. If you have ordered goods, you may cancel your order without giving a reason, at any time within 14 days of your order subject to the items not having already been dispatched.

  2. If you have ordered goods, and received them, you may return your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel the order by email to info@theevileyecompany.co.uk and post the goods back to us within that same 14 day period.

  3. We will return your money subject to the following conditions:

    1. We receive the goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact. This is not applicable for earrings and face masks.

    2. You comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.

30. The option to cancel your order is not available:

  1. If you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;

  2. If the goods are not returned in accordance with the terms set out in point 29 sub section C.

31. You are responsible for the cost of returning the goods. We have no obligation to refund to you, your cost of re-packing and returning the goods.

32. We will normally return your money within 14 days.

 

Liability for subsequent defects

33. Please examine the goods received from us immediately you receive them. If you do not tell us of any defect or problem within 14 days of receipt of the goods, we shall assume that you have accepted them.

34. To return faulty goods:

  1. they must be returned to us as soon as any defect is discovered but not later than 14 days from receipt by you.

  2. please follow the returns procedure provided on our website, a copy of which we will send to you as soon as you notify us that you wish to return them.

35. We will return your money subject to the following conditions:

  1. we receive the goods with packaging intact (only on hard packaging,

  2. you comply with our returns procedure. We cannot return your money unless we know who sent them.

36. Defective items will, at our discretion, be

  1. replaced, or

  2. refunded including the cost of returning the Goods.

  3. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

 

Delivery and pick up

37. Goods will normally be dispatched within 3 days from the day you place an order.

38. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.

39. We may deliver the goods in installments if they are not all available for dispatch at the same time.

40. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.

41. All goods must be signed for on delivery by authorised person.

42. Goods are sent by post. We will send you a message by email to tell you when we have dispatched your order.

43. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. We are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

44. Some goods may incur slightly longer delivery times. In such cases, approximate delivery dates will be given when you place your order.

 

Disclaimers

45. We make no representation or warranty for:

  1. any implied warranty or condition as to merchantability or fitness of the goods for a particular purpose;

  2. the adequacy or appropriateness of the goods for your purpose.

46. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid to us for the goods that are subject to your claim.

47. We shall not be liable to you for any loss or expense which is:

  1. indirect or consequential loss; or

  2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.

48. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.

49. If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.

50. We make no representation or warranty for:

  1. any implied warranty or condition as to merchantability or fitness of the goods for a particular purpose;

  2. the adequacy or appropriateness of the goods for your purpose.

  3. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.

51. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017.

52. Nothing in this agreement excludes liability for a party's fraud.

 

Removal of offensive Content

53. For the avoidance of doubt, this paragraph is addressed to any person who comes on our website for any purpose.

54. If you are offended by any content, the following procedure applies:

  1. Your complaint must be submitted to us in the form available on our website, or contain the same information as that requested in our form. It must be sent to us by post or email.

  2. after we receive notice of a complaint, we shall investigate the matter within 5 working days;

  3. if we accept your complaint we shall remove the offending Content as soon as we are reasonably able;

55. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

56. You agree that if any complaint is made by you frivolously or vexatiously which results in financial loss to The Evil Eye Company Ltd. you will be liable for those losses and any costs associated with covery of those costs.

 

Security of Our website

If you violate our website we shall take legal action against you.

You agree that you will not, and will not allow any other person to:

57. modify, copy, or cause damage or unintended effect to any portion of our website, or any software used within it.

58. link to our website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

59. download any part of our website, without our express written consent;

60. collect or use any product listings, descriptions, or prices;

61. collect or use any information obtained from or about our website or the Content except as intended by this agreement;

62. aggregate, copy or duplicate in any manner any of the content or information available from our website, other than as permitted by this agreement or as is reasonably necessary for your use of our website;

63. share with a third party any login credentials to our website.

64. Subject to the above terms, we grant a licence to you to:

  1. create a hyperlink to our website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

  2. you may copy the text of any page for your personal use in connection with the purpose of our website.

Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from a contractual claim arising from your use of the goods

Intellectual Property

65. We will defend the intellectual property rights in connection with our goods and our website, including copyright in the content (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

66. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

67. You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.

68. Subject to the other terms of this agreement, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content.

 

Dispute resolution

In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

The following terms apply in the event of a dispute between the parties:

69. If you are not happy with our services or have any complaint then you must tell us by email message to: info@theevileyecompany.co.uk 

70. When we receive a complaint we will provide you with a copy of our complaints policy. We would normally hope to resolve any complaint within 10 working days.

 

Miscellaneous matters

71. We will communicate with you  by email. You agree that email communications are contractually binding in the same way as properly signed and dated documents sent by post.

72. Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

73. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

74. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

75. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

76. Any communication served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

 

It shall be deemed to have been delivered:

  1. If delivered by hand: on the day of delivery;

  2. If sent by post to the correct address: within 72 hours of posting;

  3. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours unless notice of non-delivery has been received by the sender.

 

77. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.

78. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond their reasonable control.

79. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

80. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland and you agree that any dispute arising from it shall be litigated only in that country.