Last Updated:  June 2011
 

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DEFINITIONS

"Conditions” means these terms and conditions;

“Contract” means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of such Order;

“Order” means an order placed by You via this Website for one or more Products;

“Personal Information” means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and card details;

“Product” means any product advertised on this Website;

“UK" means England, Scotland, Wales, Northern Ireland and Isle of Man

“We/Us/Our” means ESSE Retail & Therapy Limited, 30 Station Road, Melbourn, Cambridge, SG8 6DX

“Website” means ESSEonline.co.uk which is operated by Us;

“You/Your” means a user of this Website.
 

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USE OF THIS WEBSITE

Application of these Conditions
These Conditions apply to use of this Website and are the terms and conditions on which We will supply any of the Products to You and by proceeding further and/or placing an Order You agree to be bound by the Conditions. If You do not agree to be bound by them, You should leave this Website now.

Please click on the button to mark your acceptance of these Conditions before placing an Order if You accept them. Please understand that if You refuse to accept these Conditions, You will not be able to order any Products from the Website.

The terms and conditions applicable to the purchase of Products offered for sale through this Website and the equivalent terms and conditions for sale through Esse Retail & Therapy shall be mutually exclusive. In particular, promotions and offers advertised on this Website shall not be valid in connection with any purchase through Esse Retail & Therapy shops or elsewhere, and promotions and offers available through our shops or elsewhere shall not be valid in respect of Website purchases.

When using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Changes
We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.

Queries
Contact Us if You have any questions relating to these Conditions or ordering the Products generally by emailing help@esseonline.co.uk

Your Account
You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account.

Description and Availability
We take all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves All Products are subject to availability.

Price
Prices appearing on this Website are inclusive of VAT (where applicable) at the current rates.

The cost of your Order will be the price of the Products ordered plus the appropriate delivery charge outlined in the “Delivery Services” section below. Please note that all prices on this Website are for on-line purchases only.

Due to circumstances beyond our control prices may have to be altered, including any variations in the rate of VAT. If this occurs You will be notified and requested to reconfirm your Order at the altered price.

By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.

Placing an Order
You must not order Products via this Website if You are not resident in the UK (see definitions at top) or if You are younger than 16 years of age.

All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email from Us acknowledging that we have received Your Order. Please note that this does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us and We will confirm such acceptance by dispatching You an email that confirms that the Product has been dispatched (the “Dispatch Notice”). The Contract between Us will only be formed when We send You the Dispatch Notice.

You may cancel a Contract and obtain a refund any time within 7 days after receipt of Products by notifying Us via email and returning the Products to Us (See “Returning Products” below.).

Payment Methods
There are easy and flexible ways for You to pay for Your Order. We accept UK Registered Cards only as follows:

- PayPal secure transfer
- Google checkout

- Postal order (accepting all major credit and debit cards)

Simply complete the details when prompted to do so in the checkout section of this Website.

You confirm that the card being used is yours.

We may undertake searches with credit reference agencies for the purpose of verifying your identity and the Personal Information You submit as part of an Order To do so the agencies may check your Personal Information against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. By submitting your Order You agree to this.

General Indemnity
You agree to indemnify Us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of your use of this Website or out of the use of this Website by any person using your account number and/or password.

Our Liability
We warrant to You that any Product purchased from Us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product You purchased.

To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.

We will not be liable to You in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.

Nothing herein shall affect your statutory rights.

Nothing in these Conditions shall limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.

Language
English language is the only language offered for the conclusion of a Contract.

Transfer
We may assign or transfer any of our rights or obligations under a Contract.

You may not assign or transfer any of Your rights or obligations under this Contract.

Waiver
If We fail, at any time of the Contract, to insist upon strict performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

A waiver by Us of any default shall not constitute a waiver of any subsequent default.

No waiver by Us of any of the terms and conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

Severability
If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.

Entire Agreement
Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.

Governing Law
These Conditions shall be governed by and construed in accordance with English law and You hereby submit to the exclusive jurisdiction of the English courts.

Third Parties
The Contracts (Rights of Third Parties) Act 1999 shall not apply.
 

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SECURE ONLINE SHOPPING

Secure Certificate
We believe buying on-line at ESSEonline.co.uk is as secure as shopping in our store. This is because:

All online payment transactions are carried out over an SSL Encrypted secure connection. We do this using industry standard technology.

The padlock symbol, at the bottom of your browser window when making a payment confirms this level of encryption. If You click on this, You will see our VeriSign secure certificate, meaning that your data is visible only to Us. Please note that this symbol will only appear when entering the payment options window for the Payment Method you selected. 

Privacy Policy
We are a registered data controller under the Data Protection Act 1998.

Collection
When You visit this Website We may collect, and our third party providers of advertisements and content may collect, information about where You are on the internet (e.g. the URL You came from, IP address, domain name types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of this Website that were viewed during your visit, the advertisements You clicked on, and any search terms that You entered on our website (“User Information”) We and they, may collect this User Information even if You do not register on this Website When You register or shop on this Website, we will (where applicable) ask You to input and We will collect your Personal Information.

We will treat all your Personal Information (which includes any User Information from which we can identify’ You) as confidential (although We reserve the right to disclose this Personal Information in the circumstances set out below).

 

Use
We confirm that your Personal Information is held in accordance with the registration We have with the Information Commissioner’s Office We only use your personal Information for the following purposes:

a) Processing your Orders;
b) For statistical purposes to improve this Website and its services to You;
c) To administer this Website;
d) Other use by Us to which You agree when asked on this Website.

When You register on this Website You are given the option to receive news and updates from Us by email and post which We feel may be of interest to You.

If You indicate your agreement to being contacted by Us by these means You may subsequently unsubscribe from our contact list at any time by contacting Us or following the “unsubscribe” directions given in any email received. You can also amend your account profile at any time by signing-in and going to “your account”.

Your Personal Information may be disclosed to other businesses within the group of which We are a part and to reputable third party contractors engaged by Esse Online to perform a variety of functions such as processing your Orders, assisting with promotions or providing technical services for our Websites. We require all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation.

You should be aware that if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information We are entitled to do so.

Cookies
Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies do not contain any personally identifying information, but they do enable Us to provide features such as personalisation and to store items in your Shopping Basket between visits. Most Web browsers automatically accept cookies, but You can usually change your browser to prevent that. Even without a cookie, You can still use most of the features on the Website, including placing Products in your shopping Basket and purchasing them.

Links to other Sites
We may offer links to sites that are not operated by Us. If You visit one of these linked sites You should review its privacy and other policies. We are not responsible for the policies and practices of other companies.

Questions and concerns regarding this policy and your Personal Information should be directed to the following address:

ESSE Retail & Therapy
30 Station Road
Melbourn
Cambridge
SG8 6DX
 

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SATISFACTION GUARANTEE

Our Guarantee
It is important to Us that You are delighted with all our Products. All our products are thoroughly inspected before being dispatched. If there is any reason why You are not completely satisfied with any Product You order from Us, You can simply return it to Us within 7 days from receipt provided it is unused and in a re-saleable condition (with all tags attached) and you can supply the delivery note as your proof of purchase. You must inform us within 48 hours via email of any issues you have with the product. If after purchase, any Product fails to give reasonable wear - due to either defective workmanship or materials We will credit the purchase price to your account This guarantee is in addition to and does not affect your statutory rights.

 

The cost of postage will not be refunded and no payment for your return postage will be made. If a Product is returned after 7 days we will not credit the purchase price to your account. You will be sent our returns department address once your return claim has been accepted.
 

Delivery Locations
Products ordered via the Website can only be delivered within the UK (see definitions at top)
Our carriers are unable to deliver to the following locations: Airports, Hospitals and HM Prisons. We will also at our discretion exclude delivery to any addresses which are considered to be insecure.

We can deliver to British forces Post Office (BFPO) addresses.

We now offer delivery within the EU, USA & Australia (see additional charges below).

Delivery Services
We aim to deliver all mainland UK standard delivery Orders within four (4) – five (5) working days providing You place Your Order before 3.00 p.m. Monday – Friday or the timescales set out below. However, sometimes during peak trading times or sale periods, deliveries may take longer.

ALL deliveries will be made between 7am and 7pm Monday-Saturday (excluding Bank Holidays).

Delivery charges are as follows:

Coats, Dresses, Cardigans, Skirts & Bags - £5.95 (plus £1.00 per additional item)
Tops - £4.95  (plus £1.00 per additional item)
Shoes & Boots - £7.95  (plus £1.00 per additional item)
Jewellery & Products - £2.95  (plus £1.00 per additional item)
Winter Accessories- £2.95 (plus £1.00 per additional item)
Elemis Products - FREE  (no charge for additional Elemis items within UK)

International Shipping
For deliveries within the European Union (excluding United Kingdom), United States of America & Australia an additional £10.00 to the above rates will be added. Every additional item will still be charged at only £1.00.
Please allow up to 21 days for international shipments.

When purchasing items from different categories, you will be charged as per the most expensive delivery cost, the additional items will be an extra £1.00 (excluding Elemis products within the UK).
For example: Purchasing a Coat and a Top would be a delivery charge of £5.95 plus £1.00 for the additional item (top)

Please note the following conditions:

* Unfortunately we are unable to deliver on a bank holiday; please bear this in mind when placing your order.

*  Any orders placed on a Bank Holiday will be delivered 3 working days later.

*  Our standard delivery service is UK wide with the exception of those addresses listed under Terms and conditions: 'Delivery Locations’.

*  Deliveries to The Scottish Highlands, Scottish Islands, the Isle of Wight, Isle of Man and Northern Ireland will take longer.

* We are unable to deliver to the Channel Islands.

Whilst We will endeavour to deliver Products to You as soon as possible We shall not be liable for any failure to make delivery within either the Express or Standard Delivery time estimates stated above.

Lost Parcels
We will begin Our missing parcels procedure if your Order fails to arrive within 10 days of despatch and You notify Us in writing. We will investigate your claim and if We are satisfied that the non arrival of the Product(s) was attributable to Us then a refund will be credited to the credit/debit card which was used to place the Order. Please note that we may refuse to make future deliveries to addresses that are considered to be insecure. In this event you will be contacted by our service team and asked to provide an alternative delivery location for future orders

Returning Products
Returning products is easy. For your convenience You can return items in any of the following 2 ways:

1) To the ESSE Retail & Therapy Store 
2) Via the Post Office

Every delivery comes with a ‘Despatch Note’ listing the contents. You need this document to make a return. You will need to choose the most appropriate ‘reason’ code on the despatch note and then enter the relevant code alongside each product you are returning. This will help us improve the quality of our service in the future. Please remember to enclose the completed despatch note in the parcel You are returning.

For reasons of health and hygiene, grooming products, products for piercings and intimate wear (including underwear, swimwear and loungewear) are non returnable. This does not affect your statutory rights.

Sale products and products with reductions applied are not eligible for refund unless damaged on delivery. This does not affect your statutory rights.

You can return Products in one of the following ways:-

Returning via Store
Unwanted items bought online can be returned at any ESSE Retail & Therapy store within 7 days of receipt. You will need to take with you the items you want to return and your despatch note. All refunds to stores must go back onto the card that was debited for the items. We can only refund the value onto a credit/debit card and this will have to match that of the named person on the Despatch Note (which you will find enclosed in your order). All products returned must contain original packaging, be unused and have all tags attached.

 

ESSE Online will not make a credit payment for costs of postage incurred unless we have made an error.

Returning via the Post Office
If You prefer to return the Products by post then simply repack your returns in the original packaging, then seal it! What could be easier? Do remember that You must post the Product(s) within our 7 day approval period - and that it is vital to obtain a Certificate of Posting from the Post Office, This is your proof should any returned parcel go astray and it should be kept in a safe place It also contains a unique reference number, which You can use if You have a query Please don’t send any payment with the returned Product(s). All products returned must contain original packaging, be unused and have all tags attached.

Important to Remember: If You are returning Product(s) paid for on your credit or debit card, We will make a credit adjustment directly to your card account, Please remember that if You can’t produce a Certificate of Posting from the Post Office then We will not be able to credit your account if the parcel goes missing.

ESSE Online will not make a credit payment for costs of postage incurred unless we have made an error.

Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or our licensors. ESSE Online and ESSE Retail & Therapy is a registered trademark owned by Us.

Gift Vouchers
ESSE Online gift vouchers can be acquired through a link from Our Website. It is Your responsibility to ensure that all vouchers are used within the 12 month timeframe specified. Vouchers used after 12 months may be rejected in our Stores and Online.

Notices
All notices given by You to Us shall be to Our address set out in these Conditions. We may give notice to You at either the email or postal address You provided to Us when placing the Order. Notice will be deemed received and properly served immediately when posted on the Website, 24 (twenty-four) hours after an email is sent, or 3 (three) days after the date of posting any letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Contract that is caused by events outside Our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:-

a) strikes, lock-outs or other industrial action;
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) Impossibility of the use of public or private telecommunications networks;
f) The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.