Terms & Conditions UK

ERVE LTD TERMS & CONDITIONS

1.            About us

1.1          Company details. Erve Ltd (company number 13539448) (we and us) is a company registered in England and Wales and our registered office is at 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF. Our VAT number is 389 0893 37. We operate the website https://erve.com/en/home/ and https://www.erve.shop/en/

1.2          Contacting us. To contact us please email our customer service team at supportUK@Erve.Shop How to give us formal notice of any matter under the Contract is set out in clause 19.2.

2.            Our contract with you

2.1          Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2          Business Customers only. These Terms apply to business customers only. You are a business customer if you are buying goods wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

2.3          Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.4          Language. These Terms and the Contract are made only in the English language.

3.            Creating an account

3.1          We only supply goods to business customers. In order to verify that you are a business customer and check that you are suitable to use our site, you must register your details and apply for an online account.

3.2          We are under no obligation to create an account for you or accept you as a customer of our site or sell any goods to you.

3.3          You must keep your account log in details and password secure and confidential. Such password shall be changed frequently.

4.            Placing an order and its acceptance

4.1          Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

4.2          Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

4.3          Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.

4.4          Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.

4.5          If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible. Please note that we are under no obligation to accept your order or continue to supply any Goods to you.

5.            Our goods

5.1          The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.

5.2          The packaging of your Goods may vary from that shown on images on our site.

5.3          We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

6.            Delivery, transfer of risk and title

6.1          We will deliver the goods to the location set out in the order or such other location as we agree with you.

6.2          We will contact you with an estimated delivery date, which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 (Events outside our control) for our responsibilities when this happens.

6.3          Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.

6.4          You own the Goods once we have received payment in full in cleared funds, including of all applicable delivery charges.

6.5          If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. If in our reasonable opinion we feel that no replacement is available, we will refund you the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

6.6          If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.

6.7          Upon delivery, you must check the delivered goods and the packaging of the goods for visible defects and shortages. Please report any problems or shortages to us within a period of 2 business days as we will not be responsible nor liable for any discrepancies after this time. We are not responsible for any problems, discrepancies or shortages caused by you.

7.            No international delivery

7.1          Unfortunately, we do not deliver to addresses outside the UK. However, if you are based outside the UK and are interested in purchasing any of our Goods then our European office may be able to assist and you can contact them at supportUK@Erve.Shop

7.2          You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.

8.            Sometimes we reject orders

Sometimes we may have to reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can't verify your age (where the product is age-restricted), because you are located outside the UK or our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible.

9.            Price of goods and delivery charges

9.1          The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 9.5 for what happens if we discover an error in the price of Goods you ordered.

9.2          Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

9.3          The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

9.4          The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

9.5          We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a)          where the Goods' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and

(b)          if the Goods' correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

9.6          We may provide you with discounts or a discount code from time to time. Discount codes cannot be combined with other discount codes or any other sales promotions, as the case may be.

9.7          Discounts and discount codes are provided at our absolute and sole discretion and we reserve the right, at any time to suspend or cancel any discounts and/or discount codes.

10.          How to pay

10.1        You can pay for Goods using the following payment methods:

(a)          a debit card or credit card. We accept the following cards: Visa, Mastercard.

(b)          PayPal: if you choose to pay with PayPal, such payments are subject to Paypal’s terms (including without limitation) their user agreement which can be found at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full?locale.x=en_GB

(c)           Bank transfer: you can transfer the price of your order to our nominated bank account. Please contact us if you would like to pay this way and we can send you our bank details.

10.2        We may extend a credit account to you at our sole discretion which are subject to status and subject to satisfactory credit checks. Any credit facility may be reviewed at any time. If you have a credit account, payment of the price and VAT is due at the end of the month following delivery of the goods or as otherwise agreed by us and notified to you in writing. In the event you reach your account credit limit, payment will be required before further orders can be placed. You accept that we are not obliged to grant any credit facility to you.

10.3        Unless otherwise agreed by us, payment for the Goods and all applicable delivery charges is in advance.

10.4        You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

11.          Our warranty for the goods

11.1        The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.

11.2        We provide a warranty that on delivery and for a period of 3 months following delivery, the Goods shall:

(a)          subject to clause 5, conform in all material respects with their description; and

(b)          be free from material defects in design, material and workmanship.

11.3        Subject to clause 11.4, if:

(a)          you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.2;

(b)          we are given a reasonable opportunity of examining the Goods; and

(c)           we ask you to do so, you return the Goods to us at your cost,

we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

11.4        We will not be liable for breach of the warranty set out in clause 11.2 if:

(a)          you make any further use of the Goods after giving notice to us under clause 11.3;

(b)          the defect arises as a result of us following any drawing, design or specification supplied by you;

(c)           you alter or repair the Goods without our written consent;

(d)          the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(e)          the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

11.5        We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.

11.6        The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

11.7        These Terms also apply to any repaired or replacement Goods supplied by us to you.

12.          We Can Withdraw Products

12.1        We may have to stop providing certain goods. We will let you know as soon as possible if we are unable to provide any goods in your order and refund any sums you've paid in advance for goods which won't be provided.

13.          Our liability: your attention is particularly drawn to this clause

13.1        References to liability in this clause 13 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

13.2        Nothing in these Terms limits or excludes our liability for:

(a)          death or personal injury caused by our negligence;

(b)          fraud or fraudulent misrepresentation;

(c)           breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)          any other liability that cannot be limited or excluded by law.

13.3        Subject to clause 13.2, we will under no circumstances be liable to you for:

(a)          any loss of profits, sales, business, or revenue;

(b)          loss or corruption of data, information or software;

(c)           loss of business opportunity;

(d)          loss of anticipated savings;

(e)          loss of goodwill; or

(f)           any indirect or consequential loss.

13.4        Subject to clause 13.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.

13.5        Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

14.          Termination

14.1        Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

(a)          you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 10 days of you being notified in writing to do so;

(b)          you fail to pay any amount due under the Contract on the due date for payment;

(c)           you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(d)          your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

14.2        Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

14.3        Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

15.          Events outside our control

15.1        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

15.2        If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a)          we will contact you as soon as reasonably possible to notify you; and

(b)          our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.3        You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 90 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

16.          We use your personal data as set out in our privacy notice

17.          How we use any personal data you give us is set out in our Privacy Notice: www.erve.shop/en/privacy_policy

18.          No Licence

We do not grant you any licence directly or indirectly under any patent, invention, discovery, copyright or any other intellectual property right held, made, obtained or licensable by us or our own licensors now or in the future.

19.          Communications between us

19.1        When we refer to "in writing" in these Terms, this includes email.

19.2        Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.

19.3        A notice or other communication is deemed to have been received:

(a)          if delivered by hand, at the time the notice is left at the proper address;

(b)          if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c)           if sent by email, at 9.00 am the next working day after transmission.

19.4        In proving the service of any notice, it will be sufficient to prove, in the case of a 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.

19.5        The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

20.          General

20.1        Assignment and transfer.

(a)          We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.

(b)          You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

20.2        Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

20.3        Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

20.4        Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.5        Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

20.6        Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.