Website Terms and Conditions of Sale
The following terms and conditions apply to all transactions on www.emsmorn.com. The placing of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. These terms and conditions do not affect your statutory rights. To order goods through this website you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions. We have the right to refuse at our discretion to supply any goods ordered by you.
Description of Goods/Warranty and Liability
All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods. Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the goods whether implied by Statute, Common Law or otherwise are excluded and the Customer warrants that the Customer is satisfied as to the suitability of the Goods for the Customer's purpose. Goods are not sold on a trial basis.
Typographical Errors
In the event that a product is listed at an incorrect price due to a typographical error, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.
Product Images / Specifications
Whilst we endeavour to ensure all images and specifications are correct at the time of publication, they do vary. As such we can accept no responsibility for incorrect images/information. If however you spot a mistake with an image or with a products specification please let us know.
Availability of Goods
All products are subject to stock availability and may be withdrawn at any time. Our policy is to contact you if a product is out of stock and if you do not wish to proceed with the order or for any reason we cannot supply the product within a reasonable time scale we will arrange for the order to be cancelled.
Delivery
Whilst every reasonable effort shall be made to observe any specified delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any specified delivery date. Delivery of the goods shall be made to the Customers address or specified third party address and the Customer shall make all necessary arrangements to take delivery of the goods whenever they are tendered for delivery.
Payments
Payments by Credit and Debit Cards
We accept most major credit and debit cards with some exceptions Amex, Solo and Electron. We are unable to accept cards that are due to expire within the next 5 days.
On the order you must provide us with the exact address and telephone number that your credit card issuer has on file for you. Your order will only be processed once authorisation of your credit card has been properly received. It is only when we have dispatched the goods to you that we have a binding contract and it is only at this point that the items will be charged to your credit/debit card.
Delivery Charges
Your order will be delivered in Emsmorn packaging.
For UK mainland packets up to 0.299kg, letter post charged at £1.50
For UK mainland packets between 0.30kg to 0.99kg, letter post charged at £3.50
For UK mainland parcels over 1kg 24/48hr Parcel Force at £6.50
For UK Offshore packets up to 1kg, letter post charged at £8.95
For UK Offshore parcels over 1kg, Euro48 Parcel Force charged at £20.00
[Eire, Guernsey, Jersey & N Ireland]
For overseas orders carriage will be charged according to what we consider to be the most cost effective, reliable and fast transportation for that destination. Please contact us direct for further information.
Time Limitations for Notification of Claims
Damaged in Transit
As some damage cannot always be identified on delivery, the Customer must sign the drivers manifest as unchecked. Should any damage be identified on opening the package, Greengauge (a division of Argyle International Ltd) must be advised immediately or in any event within 48 hours of the exact nature of the damage. It is imperative that the Customer does not dispose of any of the packaging, as this will be required to affect a claim against the carrier. Greengauge will handle the claim and organise collection of the damaged goods and replacements to be sent free of charge.
We cannot accept any claims for damage if the above time scales are not followed.
Shortages
It is the Customers responsibility to sign for the correct number of packages that are delivered, the Customer is required to check that the number of packages delivered equal the number of packages on the delivery drivers manifest/consignment note. Any shortages must be noted on the drivers manifest and it is the Customers responsibility to thereafter notify us immediately or in any event within 48 hours of delivery via email, telephone or fax.
Should the Customer be missing an item but has signed for the correct number of packages, the Customer must notify us immediately or in any event within 48 hours of delivery. The Customer will be requested to provide us with a copy of the invoice as well. The matter will be investigated and the Customer will be informed of the decision.
Incorrect Goods
It is the Customers responsibility to notify us via email or telephone of any incorrect goods supplied immediately or in any event within 48 hours of delivery. If the items are not as ordered the Customer must not open the packaging or use the item. The Customer will also be required to provide further information on what was received i.e. we may require the part codes and a full description of what has been received. Should there be any extenuating circumstances which have prohibited the Customer to remain within the specified time frame, resolution will be by mutual decision.
Non-Deliveries
We only accept liability for goods lost in transit if we are notified via email or telephone within 5 days of the expected delivery date. This will be the date advised to the Customers automated dispatch note, which is emailed to the Customer once the items have left the warehouse.
We shall accept no liability for shortages, non-deliveries, incorrect goods and goods damaged on delivery outside the reported timescales except when extenuating circumstances have prevented notification. The extenuating circumstances must be by mutual agreement.
Product Guarantees
All products come with a 12-month manufacturers warranty. In the event of any claim, in the first instance, all enquiries must be directed to Greengauge (a division of Argyle International Ltd). This does not affect your statutory rights.
Cancellation of Orders
Orders cancelled after dispatch of the goods will be subject to credit only once the items are returned to us and receipted back into our stores. If the items are accepted, opened and used the Distance Selling Regulations will apply. In all instances, goods must be returned as new, with no blemish, defect or parts missing, neither must the outer manufacturer packaging show any damage or be defaced in anyway. Should the items/packaging show any damage or be incomplete and defaced in any manner a 25% fee will apply, this will automatically be deducted from the credit issued.
Items no longer required (Not applicable for Faulty Goods)
If you are not totally satisfied with your purchase, you can return it within 7 days from receiving the goods for a full refund provided it is in pristine condition in its original box and packaging.
The Customer will be responsible for the safe return of the goods using adequate packaging. Goods must be returned as new or in the same condition that they were received. There should be no damage, all parts, items should be returned, and all packaging must be included. The Customer cannot return items that are not under the cover of a Returns Authorisation number (RA). The RA is obtained by contacting us direct by email or telephone and must be clearly marked on the outside of the packaging. Any item returned not under the cover of an RA number may be rejected and returned to you.
Adequate packaging constitutes that the item is wrapped securely and then placed inside a box in order for the item to be returned to us with no internal or external damage. Items that are not securely wrapped when received will be returned in the same manner.
We do not refund carriage charges applied to the initial order and neither do we pay for the cost of returning the items to us.
We reserve the right to reject any item(s) that do not meet the criteria laid out above.
Faulty Goods
If you consider your purchase to be faulty please notify us via email or telephone immediately or in any event within 48 hours of delivery. We will provide you with a Returns Authorisation number (RA) and this must be clearly marked on the outside of the packaging when returning goods. Please return faulty goods within 7 days using the packaging provided.
Genuinely faulty goods will be refunded in full along with postage. Alternatively a free replacement would be supplied if preferred.
A restocking fee of up to 10% is charged on alleged faulty goods which prove to be sound. It is therefore imperative that you have made contact with us first as the restocking fee is non-negotiable. In all instances when contacting us you must retain the reference code that you are given.
Refund Policy
Our policy lasts 28 days. If 28 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
You are liable for the cost of returning goods to Emsmorn by Greengauge(a division of Argyle International Ltd).
To complete your return, we require a receipt or proof of purchase. If the item is faulty please state whether you would like a replacement or refund.
We only replace items if they are defective or damaged. In a clear statement, please inform us of your decision to cancel. Send us an email at sales@emsmorn.com and send your item to: Argyle International Ltd t/a Greengauge, Unit 8B Macmerry Industrial Estate, Macmerry, EH33 1RD, East Lothian, Scotland, United Kingdom.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable) If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at sales@emsmorn.com .
Shipping
To return your product, you should mail your product to: Argyle International Ltd t/a Greengauge, Unit 8B Macmerry Industrial Estate, Macmerry, EH33 1RD, East Lothian, Scotland, United Kingdom.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over £75, you should consider using a trackable shipping service from your local post office
If for any reason you are issued with a refund, please note the following:
All refunds will be issued to the same payment method as on the original order
A refund will usually reach your credit card account within 4 working days after being processed, please allow up to 10 working days for it to be credited. We do however reserve the right to refund you within 30 days of the return.
Liability
Except as may be implied by law and except in the case of death or personal injury where the Customer is dealing as a consumer, in the event of any breach of these Terms and Conditions by us the remedies to you shall be limited to damages which shall in no circumstances exceed the price of the Goods and we shall under no circumstances be liable for any indirect, incidental or consequential damages or loss.
Force Majeure
We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond our control.
No Waiver
Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions.
Severability
In the event that any or any part of these Terms and Conditions shall be determined invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
These Terms and Conditions shall be construed in accordance with Scottish Law.