Terms & Conditions

Introduction

At Elswith we want to make the shopping process as easy as possible for our customers. By making use of our website you agree to be bound by the Terms and Conditions laid out below. Please read them carefully. These terms do not affect your statutory rights.

Please also read details of our delivery and returns policies. Use of the website assumes that you also accept the content detailed in these pages.

If you have any questions or comments with regard to these terms and conditions please contact us by email: sales@elswith.co.uk

These terms and conditions and all transactions relating to this website are governed by English law and are subject to the non–exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.


Online Orders

When you place an order with Elswith, it is assumed that you have read, understood, and agreed to these Terms and Conditions.

By placing an order on our website, you are making an offer to us to purchase the items detailed in your order, based on the terms described in that order. All item prices and delivery charges are shown in UK pounds sterling.

Any contract for purchases made through the website will be with Elswith. Elswith must receive payment of the whole of the price for the goods that you order before the order can be accepted, and the contract formed. 

Once payment has been received we will confirm that your order has been accepted by sending an email to you at the email address you provide at the point of ordering. Elswith's acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.

Elswith is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by e-mail. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.


Website Information

Elswith own the copyright, trademarks and other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non–commercial use. Any other use or reproduction of the material or content is strictly prohibited.

You may not create any link to this website without prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.

While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. We accept no responsibility or liability for the content or operation of websites which are not under our control. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply.


Product Availability

If Elswith has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited from your credit card will be re-credited to your account. We will notify you by email at the address given by you in your order. The refund will be made as soon as possible. We will not be obliged to offer any additional compensation for disappointment.

Elswith cannot be held responsible for any extraordinary occurances outside of our control, including force majeure or acts of god, which may adversely affect delivery schedules.

If relevant compensation is ever agreed for another reason, this is always limited to the cost value of our goods supplied. 


Risk & Title

Unless otherwise provided in these conditions, the Goods are at the risk of the Buyer from the time of delivery.

Ownership of the Goods shall not pass to the Buyer until Elswith has received in full (in cash or cleared funds) all sums due to it.

Until ownership of the Goods has passed to the Buyer, the Buyer shall:

1. Hold the Goods on a fiduciary basis as the Elswith’s bailee;

2. Store the Goods (at no cost to the Elswith) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as Elswith's property;

3. Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods.

4. Maintain the Goods in satisfactory condition and keep them insured on Elswith's behalf for their full price against all risks to the reasonable satisfaction of Elswith. On request the Buyer shall produce a copy of the policy of insurance to Elswith.

The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:

1. Any sale shall be effected in the ordinary course of the Buyer’s business at full market value [and the Buyer shall hold such part of the proceeds of sale as represent the amount owed by the Buyer to Elswith on trust for the benefit of Elswith and the Buyer shall account to Elswith accordingly.]

2. Any such sale shall be a sale of Elswith's property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.

The Buyer’s right to possession of the Goods shall terminate immediately if:

  1. The Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or
  2. The Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or
  3. The Buyer encumbers or in any way charges any of the Goods.

Elswith shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from Elswith.

The Buyer grants Elswith, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.

Where Elswith is unable to determine whether any Goods are the goods in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by Elswith to the Buyer in the order in which they were invoiced to the Buyer.

On termination of the Contract, howsoever caused, Elswith's (but not the Buyer’s) rights contained in this condition shall remain in effect.


Changes to This Agreement 

Elswith reserves the right to make changes to our site, policies, and these terms and conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unforeseen, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.