TERMS & CONDITIONS

ESPRALA LTD

1. Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Esprala Ltd, doing business as Esprala under Company number 09693647, with its registered business address located at Mayfair House, 4 Christchurch Way, Woking, Surrey, GU21 6BP, United Kingdom (we, us), concerning your access to and use of the Esprala website (https://esprala.com), and its contents as well as any related applications (the Site) and subsequently to the order of goods by you and to the supply of goods by us (Contract).

You agree that by accessing the Site and/or Services offered, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately.

We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 The supplemental policies set out in Section 1.6 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.

1.5 Our site is directed to people residing in United Kingdom and these Terms are made only in the English language. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 Additional policies which also apply to your use of the Site include:

● our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
● our Cookie Policy, which sets out information about cookies on the Site.

2. Goods Order – Placing and Acceptance

2.1. Follow onscreen prompts when placing an order. Each order is an offer by you to buy the items specified in the order (Goods) subject to these Terms.

2.2. The order process allows you to check and amend errors before submitting them to us. Please check the order carefully before confirming it as you are responsible for ensuring that your order is complete and accurate.

2.3. After placing an order, you will receive an email from us acknowledgement that we have received it and that the order is being processed, 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 2.4.

2.4. We will confirm our acceptance to you by sending you an email that confirms that the order has been completed and that the Goods are being delivered, The Contract between you and us will only be formed once you receive the Dispatch Confirmation.

2.5. If for any reason we are unable to supply you with the Goods, we will inform you via 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.

3. Site images and illustrations

3.1. Any images on the Site are for illustrative purposes only. Every effort is made to display colours accurately, but we cannot guarantee these will be accurately reflected on your screens.

3.2. Packaging of your Goods may vary from images / illustrations shown on our site.

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

4. Shipping

4.1. Deliveries are shipped on working days only, and not on weekends, Bank holidays, Public (Statutory) or National holidays.
orders received after 15:00 will usually be dispatched the following working day
orders received Monday – Thursday will usually be dispatched next day.
orders received Friday, Saturday or Sunday will usually be dispatched the following Monday.
orders received on a Bank Holiday will usually be dispatched on the next working day.

4.2. Shipping costs start at £4.99 for standard UK mainland delivery and will be displayed separately to the product cost. Shipping fees will differ for Northern Scotland (including the Outer Hebrides), Isle of Man and Channel Islands. At present we do not ship to Northern Island or internationally.

4.3. Goods are dispatched after payment has completed successfully.

4.4. Goods will usually be shipped by third party courier such as DHL, DPD, Hermes, Royal Mail, etc, therefore we are not responsible for any shipping delays, parcel loss or damage however we may help customers in resolving issues and claims.

4.5. It is customer responsibility to provide the correct shipping address and contact details and, furthermore, to be present when the delivery arrives at their address. If someone else receives or takes the parcel at the delivery/shipping address provided, it is not the responsibility of the carrier or sender/consignor and is the obligation of the customer who placed the order to be present at the delivery/shipping address stated.

4.6. If the parcel is forwarded to a local depot, the customer must arrange to collect the parcel at his/her expense.

4.7. “Force Majeure” events, such as natural disasters, health pandemics and policy changes from carriers may delay deliveries / returns and are out of the control of the sender/consignor.

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

5. Returns

5.1. If goods are returned, the customer is responsible for paying return shipping costs, as these are non-refundable. Returned Goods will be inspected to ensure they are resalable, prior to issuing a refund.

5.2. If goods are damaged / faulty, we will require you to notify us immediately by email at [email protected] and forward photographic evidence. We will not require you to return the Goods and will instead replace them at no additional cost.

5.3. If goods are exchanged, the customer is responsible for paying return shipping costs, as these are non-refundable. Returned Goods will be inspected to ensure they are resalable, prior to issuing an exchange. The customer must pay for the exchanged Good to be shipped, hence the customer must pay shipping for both legs of the exchange.

6. Price of Goods and delivery charges

6.1. Price of Goods will be as quoted on our site and we take all reasonable care to ensure that the prices of Goods are correct at the time when relevant information was entered onto our system. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund any payment made.

6.2. Price of Goods may change from time to time, but changes will not affect any order you have already placed.

6.3. Price of Goods do not include shipping / delivery charges. You will be notified of shipping charges during the check-out process, before you confirm your order.

7. Payment

7.1. Payment can be made via PayPal or Debit/Credit card such as Visa, MasterCard, Maestro, etc.

7.2. Payment for Goods and all applicable shipping charges is in advance.

8. Modifications to and availability of the Site

8.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

8.2. We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

8.3. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

9. Disclaimer/Limitation of Liability

9.1. The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

9.2 Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

● we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

● if we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.

If you are a business user:

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

● use of, or inability to use, our Site/Services; or

● use of or reliance on any content displayed on our Site.

In particular, we will not be liable for:

● loss of profits, sales, business, or revenue;

● business interruption;

● loss of anticipated savings;

● loss of business opportunity, goodwill or reputation; or

● any indirect or consequential loss or damage.

If you are a consumer user:

● we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

● we are not liable for defective digital content / viruses / technologically harmful material, etc that may damage a device or digital content belonging to you by the use of our Site.

● we assume no responsibility for the content of websites or apps linked to our Site, and should not be interpreted as being endorsed by us, hence we do not accept liability for loss or damage that may arise from your use of them.

10. Termination

10.1. These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at [email protected]

10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation. If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.

10.3 If we terminate or suspend your account for any reason set out in Section 11, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. General

11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. 

11.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

11.4 We may assign any or all of our rights and obligations to others at any time.

11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

11.8 For consumers only – Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

11.9 For business users only – If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

11.10 The following are trademarks of Esprala Limited. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.

● Esprala name is trademarked in the European Union and China

11.11 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

11.12 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at [email protected] or by post to: Esprala Limited Mayfair House 4 Christchurch Way Woking, Surrey, GU21 6BP, United Kingdom.

You can contact us by email at [email protected] or by calling 0333 772 1355.

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