In this contract:
‘We’, ‘us’ or ‘our’ means Elena Gonzalez t/a ELNO or ELNOART; and
‘You’ or ‘your’ means the person using our site to buy goods or services.
Introduction
If you buy goods the site [elnoart.bigcartel.com] you agree to be legally bound by this contract.
This contract is only available in English. No other languages will apply to this contract.
When buying any goods, you also agree to be legally bound by specific terms which may apply to certain goods or services, as may be advised to you from time to time.
Your privacy and personal information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our applicable privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
Ordering goods from us
You place an order on the site by adding items to your shopping cart and completing the checkout process. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it.
When you place your order at the end of the online checkout process (eg when you click on the ‘pay now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
We may contact you to say that we do not accept your order. This is typically for the following reasons:
the goods are unavailable;
we cannot authorise your payment;
you are not allowed to buy the goods from us;
we are not allowed to sell the goods to you;
you have ordered too many goods; or
there has been a mistake on the pricing or description of the goods.
We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
a legally binding contract will be in place between you and us; and
we will dispatch the goods to you.
If you are under the age of 18 you may not buy any goods from the site, and by placing an order for goods you warrant that you are authorised to enter into a legally binding agreement with us.
Right to cancel
You may have the right to cancel this contract within 14 days without giving any reason. This cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email) using the contact details set out in this contract before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
If you have received the goods:
you shall send back the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us; and
you will have to bear the direct cost of returning the goods
Delivery
We may use third party carrier to deliver our goods. Where this is the case, the terms and conditions of that third party carrier may be applicable to your order. If you want to see your delivery options, visit our webpage SHIPPING before you place your order.
An estimated date and time window for delivery of the goods (if applicable) may be set out in the Confirmation Email, but if something happens which is outside of our control and affects the estimated date of delivery, we may provide a revised estimated date for delivery of the goods.
Delivery of the goods will take place when we deliver them to the address that you gave to us.
Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will let you know, cancel your order and give you a refund.
Payment
We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or any applicable privacy policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
The price of the goods is in pounds sterling (£)(GBP) and includes VAT at the applicable rate but does not does not include the cost of delivering the goods.
Nature of the goods
The goods provided are of satisfactory quality, are fit for purpose, and match the description, sample or model, in accordance with the Consumer Rights Act 2015.
The packaging of the goods may be different from that shown on the site.
All weights, sizes and measurements set out on the site are as accurate as possible, but there may be a small tolerance of up to 1% in weights, sizes and measurements in some goods.
We try to ensure that the colours of the goods are displayed accurately on the site, but the actual colours that you see on your computer may vary depending on the monitor that you use.
Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
Limit on our responsibility to you
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses that were not foreseeable to you and us when the contract was formed, that were not caused by any breach on our part, for business losses, or for losses to non-consumers.
The laws of England and Wales will apply to this contract, and the courts of England and Wales shall exclusive jurisdiction over any disputes relating to this contract.
Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.