TERMS & CONDITIONS OF USE

Elk Home Limited ("we, us, our) make this website (the "Site") including all information, documents, communications, files, text and graphics available through the Site (collectively, the "Materials") available for your use subject to the following terms and conditions and such further changes to these terms and conditions as we may publish from time to time (the "Terms & Conditions").

By accessing or using the Site in any way, you agree to be bound by these Terms & Conditions, without limitation or qualification.

We reserve the right to change these Terms & Conditions and other guidelines or rules posted on the Site from time to time at our sole and absolute discretion and will endeavor to provide notice of material changes on the home page of the Site. Your continued use of the Site constitutes your acceptance of such changes.

If you do not comply with these Terms & Conditions, your authorisation to use the Site will end immediately.

1. Intellectual Property

The Materials on the Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorised use of such Materials may violate such laws and these Terms & Conditions. Except as expressly stated in these Terms & Conditions or as otherwise stated on the Site, we do not grant any rights to use the Materials.

You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site or its Materials, except as expressly authorised in these Terms & Conditions or as otherwise stated on the Site.

In the event of any conflict between the Terms & Conditions as stated herein and any other terms as may be stated within the body of the Site these Terms & Conditions shall prevail.

2. User Conduct

In using the Site, including all Materials available through it, you represent, warrant and agree:-

1. not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, Materials, system resources, servers, or networks connected to or accessible through the Site or any affiliated or linked websites;
2. not to upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
3. not to provide any false personal information;
4. not to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; and
5. to indemnify us in respect of any and all claims brought by a third party against us arising out of or in connection with a breach of any of the foregoing.

3. User Registration

Where use of the Site requires user registration, you will be required to provide registration information (the "Registration Data"). In registering to use the Site, you agree to provide accurate, complete and up to date information about yourself. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so.

4. Privacy Policy

Your Registration Data and certain other information that you provide to us are subject to our Privacy Policy.

TERMS & CONDITIONS OF SALE

5. Our Contract

When placing an order to purchase a product from us we will send you an e-mail confirming receipt and specifying details of your order. Your order represents an offer to us to purchase a product from us. Such offer is accepted by us when we send an e-mail confirmation to you that we have dispatched that product to you (the "Dispatch Confirmation E-mail"). Any products on the same order which we have not confirmed as having been dispatched in a Dispatch Confirmation E-mail do not form part of the same contract.

6. Returns

We will only accept products to be returned to us which were either damaged or defective upon your receipt or incorrectly supplied by us and which either:-

1. we receive from you within 28 days of the date on which we sent the Dispatch Confirmation E-Mail if we sent the product to you by post; or
2. you notify us that you wish to return within 21 days of the date on which we sent the Dispatch Confirmation E-Mail if we delivered the product to you (in both cases the "Returned Product").

You are responsible for shipping and proof of delivery for all Returned Products which you send to us and we are not responsible for Returned Products which are lost or damaged by the shipper.

Should you wish to receive a refund for a Returned Product then we will refund you for the cost of the Returned Product within 14 days of our receipt of the Returned Product, provided always that the Returned Product was returned to us in accordance with these Terms and Conditions.

Should you wish to receive a replacement for a Returned Product (the "Replacement Product"), we will, subject to availability, send the Replacement Product to you as soon as is reasonably practical after receipt of the Returned Product, provided always that the Returned Product was returned to us in accordance with these Terms and Conditions.

These conditions do not affect your statutory rights. In particular, consumers have the right to withdraw from the purchase of a product within seven working days of the day after the date that the product is delivered.

7. Delivery

Unless stated otherwise and provided that the product is in stock, we aim to deliver those products which need to be delivered within 3-5 days from the date that you place an order.

Where either a delivery date or a date for picking up a Returned Product has been agreed between you and our carrier but you are not present to receive the delivery or provide the Returned Product, we reserve the right to charge you for any further delivery or return costs.

8. Pricing & Availability

Beyond what is written on the Site, we cannot be more specific about availability. Please note that dispatch estimates are only estimates. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order we will attempt to inform you should an order be cancelled due to the unavailability of the product.

9. Disclaimer of Warranties

In using the Site and purchasing the products, you expressly understand and agree that:-

1. except where you are acting as a consumer as defined under section 12 of the Unfair Contract Terms Act 1977, we give no warranties relating to reliability, satisfactory quality and fitness for a particular purpose in relation to the products;
2. we give no warranties regarding the availability of any of the products ordered on the Site;
3. no advice or information obtained from the Site, whether written or oral, shall give rise to any warranty or representation unless expressly stated therein;
4. the Site is provided on an "as is" and "as available" basis and use of the Site is entirely at your own risk;
5. any damage to your computer or loss of data that results from use of the Site will be your sole responsibility; and
6. links on the Site may lead to services or sites not operated by us. No representation or warranty is made by us with respect to the quality or otherwise of such other services or sites. A link to another site or service shall not be construed as an endorsement of that site or service by us.

Some but not all of the products come with a manufacturer's warranty.

These conditions do not affect your statutory rights.

10. Limitation of Liability

To the extent not prohibited by applicable law, we shall not be liable for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any other loss that is not reasonably foreseeable to both us and you when a contract for the sale of the product by us to you was formed. We do not limit our liability by law for death or personal injury caused from our negligence or breach of duty.

11. Events Beyond Our Reasonable Control

We will not be responsible for any delay or failure to comply with our obligations under these Terms & Conditions where such delay or failure arises from any cause beyond our reasonable control.

This condition does not affect your statutory rights.

12. Waiver

No delay or omission or failure to exercise any right or remedy under these Terms & Conditions shall be treated as a waiver of the future exercise by us of such (or any other) right or remedy.

13. Severance

If any provision of these Terms & Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall not affect the other provisions of these Terms & Conditions which shall remain in full force and effect.

14. Governing Law and Jurisdiction

These Terms & Conditions are governed by and construed in accordance with the laws of England and Wales . You agree, as do we, to submit to the exclusive jurisdiction of the English courts.