ELLIOTT BROTHERS LIMITED – CONDITIONS APPLICABLE TO SALES AT A DISTANCE TO CONSUMERS 

 

These terms and conditions apply to purchases made by consumers (i.e. by individuals not in the course of a business) by means of distance communication. For example, via telephone, email, via Elliotts.uk (our “Website”) and any other distance means. By placing an order you agree to be bound by the terms and conditions set out below.  

Please read these terms carefully before placing your order. Paragraph 9 below is particularly important because it sets out our responsibility to you for loss or damage you may suffer. 

 

1. About us 

(a) We are Elliott Brothers Limited (company number 02511005) (the “Seller", “we” or “our”) and our registered office address is Millbank Wharf, Northam, Southampton, SO14 5AG. Our registered VAT number is 188094132. 

(b) If you have any questions relating to these terms and conditions or our Website then please contact our Customer Service Team by emailing [email protected].

(c) Where these terms and conditions ask you to contact us, you can do so by post or by email to the address above. When we use the words “writing” or “written” in these terms, this includes email. 

 

2. Stock Availability 

We make every reasonable effort to ensure that goods on the Website are in stock and available for despatch with regular live stock checks, but a high proportion of the stock we sell is live and therefore we can at times have unforeseen changes. We will always endeavour to contact you if an item you’ve ordered becomes out of stock to let you know when it is likely to come into stock. 

 

3. Product Descriptions 

We will make every reasonable effort to ensure that all details, images, descriptions and prices of products appearing on our Website, in our brochures or in any other marketing material are correct at the time when the relevant information was entered onto the system or at the time of print. However, we reserve the right to make corrections if we discover errors or they are brought to our attention. We will notify you if any significant changes affect your order. Please note that images of our products are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that display of the colours on a device or within our marketing materials accurately reflects the colour of the products. Further, due to the variability of natural resources and materials, the finish and features of some of our products may vary from images shown and also from item to item. 

 

4. Price and Payment 

(a) The price of the product will be the price indicated on the order pages or as otherwise notified to you when you placed your order. All prices are inclusive of VAT unless otherwise stated or selected. 

(b) Despite our best efforts, it is possible that some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you. 

(c) Payment can be made through our secure on-line checkout system by credit or debit card if your order is placed via our Website. Otherwise we will notify you as to how to make payment for other distance purchases. Unless otherwise agreed, payment for the goods and all applicable delivery charges is in advance and we will charge your debit card or credit card at the time of purchase of the goods. 

 

5. Our contract with you - Orders for Goods  

(a) When you place an order for goods, your order is an offer to buy those products from us. When your order has been placed and paid for on the Website or otherwise, you will receive an email confirming what you have ordered, how much you have paid and where you have asked for it to be delivered. That email does not confirm our acceptance of your offer to buy the product(s) you have ordered. Please check the details, especially that the delivery address, postcode, mobile number and email you provided are correct. You should notify us immediately at webteam@elliotts if you need to make any changes and we will let you know if those changes are possible. 

(b) Your order is only accepted by us, and the contract of sale only comes into effect, when we send an e-mail notification to you that we have dispatched your order or that it is ready for collection. If your order is split into more than one package, each dispatch notification e-mail and corresponding package will come under a separate contract of sale. 

 

6. Delivery Information 

(a) The goods will be your responsibility from the time we deliver the product to the address you gave us or you collect the product from us. You own the goods once we have received payment in full, including all applicable delivery charges. 

Delivery Fees & Times 

(b) The price of the goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process or otherwise, before you confirm your order.  

(c) We will deliver the goods to you or have them ready for collection, as soon as reasonably possible. We always aim to do this within the quoted time frame but delivery/collection times are not guaranteed. We are not responsible for delays outside our control. If delivery/collection is delayed due to any cause beyond our reasonable control, we or our courier will try to contact you to advise you that the delivery/collection date will be extended and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. 

(d) For deliveries, we will always aim to combine your order into a single delivery, but on occasion some deliveries may not arrive together, depending on the type of products ordered and the most appropriate delivery methods available. How to expect your delivery to arrive will be communicated to you with your order communications. 

Delivery Locations 

(e) For smaller items we can courier nationwide to all UK mainland addresses. We can also deliver to the following, but an exceptional item surcharge may apply and will be shown when you place your order: Northern Ireland, Scilly islands, Jersey, Guernsey, Isle of Wight, Isle of Man and Scottish Highland and Islands.  

(f) For larger items, we can deliver within each of our branch’s delivery catchment area. If the delivery destination is outside of a branch’s catchment area, at the discretion of the branch we may still deliver the goods, but prior to ordering the goods you will need to confirm this with your local branch. 

(g) We are otherwise unable to deliver internationally or to BFPO addresses. 

(h) We will deliver your consignment to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the consignment left if you are out when we deliver. We cannot accept any liability for any loss or damage once the consignment has been delivered in accordance with your delivery instructions. 

7. Refunds, Cancellations and Returns – for further details, please see here for further details regarding our returns and refunds policy for consumers. 

(a) We are under a legal duty to supply products that conform with this contract. We hope that you are happy with your purchase from us but should you wish to return an item or cancel your order then please read the below sections for more information on your rights. If you have any questions then please contact us at [email protected]. 

Your rights if the goods are defective 

(b) If you have bought goods from us, then the goods we supply must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you have the following legal rights: 

(i) For up to 30 days from when you receive the goods: if your goods are faulty, then you can get a full refund. 

(ii) Up to six months: if your goods are faulty and can't be repaired or replaced, then you're entitled to a full refund, in most cases. 

(iii) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. This will depend on the type of goods. 

(c) We may ask you to return the defective goods to us and this will usually be the case if they need repair. If so, we will post or email a prepaid returns label to you. For larger items, we will make arrangements with you to inspect and repair the goods at their current location or for us to collect the goods from you. 

(d) We will process your refund/repair/replacement once we have inspected the defective goods. For certain types of goods we may need to send them off to the manufacturer for inspection. 

(e) If we supply you with repaired or replacement goods then we will pay for the cost of delivering them to you.  

Your rights if you receive the wrong goods or the wrong quantity 

(f) If we send you incorrect goods then you must tell us within a reasonable amount of time of you noticing the error. If you have received the wrong goods then we will ask you to return the goods to us and we will either send you the correct goods or refund the price of the missing goods. We will provide you with a returns postage label so that you can return the incorrect goods to us or arrange collection of goods if more appropriate. If you have received too few goods then we will send you the remaining goods or we will refund you the difference between what you paid for and what you actually received. 

Your right to cancel your order for goods  

(g) If you have bought goods from us and you wish to cancel your order, please contact us as soon as possible. If an order is cancelled before it is despatched, we will refund you in full. If your order has already been despatched then you can still cancel but you must return the goods to us at your own cost. You will be responsible for any return postage. Please note the following: 

(i) Legally, you may cancel within 14 days of receiving the goods however as a goodwill guarantee we allow cancellations within 30 days of receipt. You do not need to give a reason for cancelling although we welcome your feedback. Where goods are split into several deliveries you have until 30 days after the day you receive the last delivery to change your mind about the goods. Please refer to our returns policy here for a list of products which are exempt from this right of cancellation. 

(ii) You must inform us of your decision to cancel this contract by contacting us. You can do this by emailing [email protected] or by contacting the branch you ordered the goods from. 

(iii) You may inspect your purchases before returning them. This allows you to check whether they are suitable. However, we may deduct a reasonable amount from your refund for damage or wear and tear to the returned products. 

(iv) We will not pay the costs of returning an item to us unless it is faulty (in which case please see the section above titled ‘Your rights if the goods are defective’). You must take reasonable care in packaging and returning the cancelled goods otherwise we may deduct the value of any damage from your refund.  

(v) If you ordered the goods using an enhanced delivery service (such as next day delivery) then we will only refund you our standard delivery rate. 

Refunds for goods 

(h) If you are entitled to a refund for goods you have bought from us then we will make payment to the same payment method you used for your purchase.  

Model cancellation form 

(i) You may, but do not need to, use the following cancellation form to cancel your order. The information can be sent to us by email at [email protected]. Please check the above sections to ensure you are able to cancel your order. 

(Complete and return this form only if you wish to withdraw from the contract) 

To Elliott Brothers Limited, Millbank Wharf, Northam, Southampton, SO14 5AG email: [email protected] 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], 

Ordered on [*]/received on [*], 

Name of consumer(s), 

Address of consumer(s), 

Signature of consumer(s) (only if this form is notified on paper), 

Date 

[*] Delete as appropriate 

 

8. Your Personal Data 

See our Privacy Policy for full details of how we process your data. 

 

9. Our responsibility for loss or damage suffered by you 

(a) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 

(b) 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987. 

(c) We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

 

10. Other important terms 

(a) We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract between us. 

(b) You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under the contract between us to another person if we agree to this in writing.  

(c) Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in the previous paragraph in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. 

(d) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

(e) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. 

(f) Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.