T&C's

You are provided with access to this Website in accordance with these Terms and Conditions.

Please note that these were updated on 1st December 2011.

Company Details

This website is owned and managed by Emma's Home Ltd:

Registered Address:	50 Truro Road, St Austell, Cornwall PL25 5JJ
Company Registration Number:	6597049
VAT Number:	102575639

If you need to contact us for any reason, please email us at enquiries@emmashome.co.uk, or call the Truro store on 01872 222490.

Registration

You warrant that:

The Personal Information which you are required to provide when you register as a customer on this website, is true, accurate, current and complete in all respects. You must tell us if this changes by emailing us at enquiries@emmashome.co.uk, or calling us on 01872 222490 during normal shop trading hours.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:

Modify or withdraw, either temporarily or permanently, this Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website and/or change the Conditions from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. The terms and conditions may change periodicially, and it is your responsibility to check. If you do not agree to any change to the Conditions then you must immediately stop using this Website.

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

This website uses the Sage Pay as a secure payment gateway. Emma’s Home Ltd does not have access to, or keep any records of, any financial information that you enter to pay for products, and to compete the ordering process. Please see our Privacy and Security Policy for further details.

Contract creation and electronic contracting

Orders will only be accepted for delivery within the United Kingdom and Northern Ireland. Please email us at enquiries@emmashome.co.uk, or call the Truro store on 01872 222490, for details on overseas delivery. Any orders placed without contacting us for delivery details outside of the UK and Northern Ireland, will be cancelled and the payment refunded.

Shopping with Emma’s Home is straightforward. Add the products that you wish to purchase to the basket. When you have finished shopping, you can check out or remove items from the basket. When you are happy with your order, the check out button needs to be pressed. You will then have the choice of either creating an account, logging into an existing account or checking out as a guest. You will then be asked for personal information about your billing and delivery information before being asked by Sage Pay for your payment details. Once this has been confirmed, we will send you an order acknowledgement email detailing the products you have ordered, as well as a despatch confirmation email when the item is shipped from our stores.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it.

Non-acceptance of an order may be a result of one of the following:

The product you ordered being unavailable from stock – we will never send you an alternative product without your prior approval.
The identification of a pricing or product description error.
You not meeting the eligibility to order criteria set out within these Terms & Conditions.
We are unable to authorise your payment.
If our delivery companies are temporarily unable to deliver due to exceptional conditions that are beyond our control including hazardous weather and accidents.

Any of the above issues will be communicated to you by a member of Emma’s Home staff via email.

The contract will only be concluded in English.

Delivery

Please see our Delivery Policy for further details.

Contract cancellation under the Distance Selling Regulations

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us, either before dispatch of the order, or no longer than 7 working days after the day on which you receive the Products. This must be done in writing either by email or by post.

If you wish to exercise this right to cancel, we will refund the original purchase price and delivery charge, provided that you have notified us in writing no longer than 7 working days after the day on which you receive the Products, and that you have taken reasonable care of the Products and not used them. We will process the refund within 30 days providing that the goods have been returned.

If you cancel, you must return the goods to us at your own expense. You are responsible for the risk of loss or damage when you return goods. We recommend that you should take out enough postal insurance to cover their value as Emma’s Home cannot be responsible for the non delivery of returned product.

Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty:

Goods made to your specification or personalised goods
Certain items of jewellery and hair products

Description of Products

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time, may not always reflect the position exactly at the moment you place an order.

Promotional Discounts

At times, Emma’s Home Ltd may offer discount or promotional codes for use on this website. As such, they are valid only for use as part of a purchase made via www.emmashome.co.uk unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase in store at any of the Emma’s Home branches.

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of this Website is strictly prohibited.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

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. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
any loss of goodwill or reputation
any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

The Effective Date of these Terms and Conditions is 1^st December 2011.