© 2018 Ember Gate

WEBSITE TERMS & CONDITIONS
  1. Terms of website use

    1. This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.embergate.com (the "Website"), and applies to all users of this site. Use of our Website includes, without limitation, accessing, browsing, or purchasing on our Website.

    2. Please read these terms of use carefully before you start to use our Website, as these will apply to your use of our Website.

    3. By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.

    4. If you do not agree to these terms of use, you must not access our Website or use any services.

  2. Other applicable terms

    1. These terms of use refer to the following additional terms, which also apply to your use of our Website:

      • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

      • Our Cookie Policy, which sets out information about the cookies on our Website.

    2. If you purchase goods from our Website, our Terms of sale will apply to the sales.

  3. Information about us

    1. This website is operated by Ember Gate. Throughout the site, the terms “we”, “us” and “our” refer to Ember Gate. Ember Gate offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    2. Our store is hosted by Wix.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

  4. Changes to these terms

    1. We may revise these terms of use at any time by amending this page.

    2. Any new features or tools that added to this website shall also be subject to the terms of use.

    3. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

    4. Your continued use of, or access to, this website following the posting of any changes constitutes acceptance of these changes.

  5. Changes to our Website

    1. We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.

    2. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

  6. Accessing our Website

    1. Our Website is made available free of charge.

    2. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice to you. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

    3. You are responsible for making all arrangements necessary for you to have access to our Website. The service and all products and services delivered to you through the service are (except as expressly stated by use) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied.

    4. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  7. Intellectual property rights

    1. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    4. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

    5. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

    6. If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  8. No reliance on information

    1. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

    2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

  9. Limitation of our liability

    1. Nothing in these terms of use 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.

    2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

    3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

      1. use of, or inability to use, our Website; or

      2. use of or reliance on any content displayed on our Website.

      3. If you are a business user, please note that in particular, we will not be liable for:

      4. loss of profits, sales, business, or revenue;

      5. business interruption;

      6. loss of anticipated savings;

      7. loss of business opportunity, goodwill or reputation; or

      8. any indirect or consequential loss or damage.

    4. If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

    6. We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

    7. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms of sale.

  10. Viruses

    1. We do not guarantee that our Website will be secure or free from bugs or viruses.

    2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

    3. You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

  11. Prohibited uses of our Website

    1. In addition to other prohibitions as set forth in the terms of use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

  12. Linking to our Website

    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    3. You must not establish a link to our Website in any website that is not owned by you.

    4. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

    5. We reserve the right to withdraw linking permission without notice.

    6. If you wish to make any use of content on our Website other than that set out above, please contact embergatevintage@gmail.com

  13. Third party links and resources in our Website

    1. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

    2. We have no control over the contents of those sites or resources.

    3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions made in connection with any third party websites. 

  14. Applicable law

    1. If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

    2. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

  15. Contact us

    1. To contact us, please email embergatevintage@gmail.com

TERMS OF SALE

Last amended 17th July 2018

This text (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions ("Terms") on which we sell any of the products ("Products") listed on our website, www.embergate.com (the "Website"). 

These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website. Please note that to order any of our Products, you will need to expressly accept to be bound by these Terms on the Checkout page. If you refuse to accept these Terms, you will not be able to order any Products from the Website.

You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time.

These Terms, and any Contract between us, are only in the English language.

  1. Information about us

    1. We are Ember Gate, (referred to as “us”), a business operating from 27 Glenferrie Road, St Albans, Herts AL1 4JT.

    2. If you are a consumer you can contact us by e-mailing us at embergatevintage@gmail.com

    3. If you are a business you can contact us by e-mailing us at embergatevintage@gmail.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 16.3.

  2. Use of the Website

    1. Your use of the Website is governed by our Website Terms & Conditions. Please take the time to read these, as they include important terms, which apply to you

  3. How we use your personal information

    1. We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms, which apply to you.

  4. Restrictions

    1. This clause 4.1 only applies if you are a consumer. You may only purchase Products from the Website if you are at least 18 years old.

    2. This clause 4.2 only applies if you are a business.

      1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.

      2. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

    3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

  5. How the contract is formed between you and us

    1. Our Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

    2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.

    3. We will confirm our acceptance to you by sending you an e-mail ("Order Shipped Confirmation"). The Contract between us will only be formed when we send you the Order Shipped Confirmation.

    4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Website as referred to in clause 11, 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 as soon as possible.

  6. Our right to vary these terms

    1. We may revise these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

    2. Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this section.

    3. 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.

  7. Your consumer right of return and refund - this clause only applies if you are a consumer

    1. ​If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

    2. However, this cancellation right does not apply in the case of:

      1. any Products that have been used by you and consequentially damaged;

      2. any other category excluded by the Consumer Contracts Regulations 2013.

    3. Your legal right to cancel a Contract starts from the date of the Order Shipped Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. 

    4. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at embergatevintage@gmail.com. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. 

    5. If you cancel your Contract we will:

      1. refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that would not be permitted in a shop. 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.

      2. refund any original delivery costs you paid, when you purchased the Products.

      3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

        1. 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. For information about how to return a Product to us, see clause 7.8;

        2. if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.

    6. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

    7. We will refund you on the credit card or debit card (or other payment method) used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

    8. If a Product has been delivered to you before you decide to cancel your Contract:

      1. then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our returns address is: 27 Glenferrie Road, St Albans, Herts AL1 4JT, UK;

      2. unless the Product is faulty or not as described (in this case, see clause 7.6), you will be responsible for the cost of returning the Products to us. If the Product is one that cannot be returned by Royal Mail post, then we estimate that if you use the carrier that delivered the Product to you, these costs should not exceed the sums we charged you for delivery.

    9. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, 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 in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

  8. Voucher conditions

    1. Discounted and introductory offers are only available once to any one person and a maximum of one promotional voucher code can be redeemed per household.

    2. Subsequent attempts to use promotional vouchers or offers by the same person at any address, or by another person at the same address, are not permitted.

    3. A voucher may only be used once and may not be copied, reproduced, distributed or published in any form without prior written approval from us.

    4. We reserve the right to suspend or cancel introductory offers, vouchers and other promotions at any time.

    5. Valid debit or credit card details are required for payment to be taken.

    6. Ember Gate reserves the right to reject the use of a voucher if we have reason to suspect these Terms have been breached.

  9. Delivery

    1. Your order will be fulfilled by the estimated delivery date set out in the Order Shipped Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

    2. Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

    3. You own the Products once we have received payment in full, including all applicable delivery charges.

  10. International delivery

    1. We do deliver to international addresses, but please allow extra time for delivery. Details on estimated delivery date will be provided in the Order Shipped Confirmation, but this does not include time for customs processing.

    2. We are not responsible for any tax or customs fees charged by your country of residence for the importation of Products. Please make yourself aware of these fees before you place an Order.

  11. Price of products and delivery charges

    1. The prices of the Products will be as quoted on the Website at the time you submit your order. 

    2. 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. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.

    3. Prices for our Products may change from time to time, but changes will not affect any order which has already been confirmed with a Dispatch Confirmation.

    4. The price of a Product includes delivery and VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 

    5. It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

      1. where the Product's correct price is less than the price stated on the Website, we will charge the lower amount when dispatching the Products to you. 

      2. if the Product's correct price is higher than the price stated on the Website, we will contact you as soon as possible 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.

  12. How to pay

    1. You can pay for Products using Visa, MasterCard, and American Express credit and debit cards.

    2. Payment for the Products is in advance, via the payment processer Stripe.

  13. Our liability if you are a business - this clause 13 only applies if you are a business customer​

    1. Nothing in these Terms limit or exclude our liability for:

      1. death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation;

      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

      4. defective products under the Consumer Protection Act 1987.

    2. Subject to clause 13.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

      1. any loss of profits, sales, business, or revenue;

      2. loss or corruption of data, information or software;

      3. loss of business opportunity;

      4. loss of anticipated savings;

      5. loss of goodwill; or

      6. any indirect or consequential loss.

    3. Subject to clause 13.1 and clause 13.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

    4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

  14. Our liability if you are a consumer - this clause 14 only applies if you are a consumer

    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

    2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    3. We do not in any way exclude or limit our liability for:

      1. death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation;

      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

      4. 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

      5. defective products under the Consumer Protection Act 1987.

    4. Subject to clause 14.2 and clause 14.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100 or 300% of the price of the Products, whichever is lower.

  15. Events outside our control

    1. 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 is defined below in clause 15.2.

    2. 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.

    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

      1. we will contact you as soon as reasonably possible to notify you; and

      2. 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.

  16. Communications between us

    1. When we refer, in these Terms, to "in writing", this will include e-mail.

    2. If you are a consumer you may contact us as described in clause 1.2.

    3. If you are a business:

      1. 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 delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our Website.

      2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; 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; if sent by e-mail, one Business Day after transmission; or, if posted on our Website, immediately.

      3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

    4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

  17. Other important terms

    1. 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.

    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

    3. 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.

    4. 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.

    5. 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.

    6. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

    7. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

    8. If you have a complaint please contact us on the following email address embergatevintage@gmail.com

 
 
0