We operate the websites www.elequra.com and www.elequra.co.uk (“our site”). We are Elequra Limited, a company registered in England and Wales under company number 07819484 and with our registered office at 28 Old Brompton Road, Suite 316, London SW7 3SS. Our VAT number is 127580018.
To contact us, please see our Contact page.
This page (together with any other pages on our site referred to in it) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website (“our site”) to you. Our site is for personal use only.These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products or by using our site, you agree to be bound by these Terms and the other documents expressly referred to in it, and you agree to comply with them.You should print a copy of these Terms or save them to your computer for future reference. These Terms, and any Contract between us, are only in the English language.
- 1. OUR PRODUCTS
1.1 The images of the Products 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 Products. Your Products may vary slightly from those images.
1.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate.
1.3 The packaging of the Products may vary from that shown on images on our site.
1.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
- 2. HOW TO ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 Please follow these steps to place an order on our site:
(i) Register to use our site. This is quick and easy and allows you shop with us. Among other things, it will enable you to check out faster, save frequent addresses, track your order and request a return. To register, please click on “REGISTER”. It is possible to order without registration.
(ii) Browse the site by clicking “SHOP” and also on the product links.
(iii) Once you have found the item you would like to purchase, select the quantity required and then press the button marked “ADD TO BAG”. Alternatively you can add a single product from the “SHOP” page by clicking the button marked “ADD TO BAG”.
(iv) Next, you can either click on the “SHOP” button, or you can click on the “VIEW BAG” button to review the items in your shopping bag.
(v)When you review your shopping bag, if you are happy with the items in it you can click ‘CONTINUE TO CHECKOUT’ to complete your order. Alternatively you can alter the quantities in your basket or click the “REMOVE” button to remove products from your basket if you change your mind.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, 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 e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
2.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 5.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
- 2.6 If you make a purchase during our 2019 Black Friday Event, please note that any items purchased as part of a promotional set are only eligible for return where all items and any complimentary promotional items forming part of the set are returned unopened, unused and in a saleable condition with all packaging intact and clean and undamaged. Please refer to Condition 4.11 for more details.
- 3. OUR RIGHT TO VARY THESE TERMS
3.1 We may revise these Terms from time to time without notice to you.
3.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
- 4. DELIVERY AND RETURNS
4.1 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery & Orders page.
4.2 We shall not be liable for any delay in delivery.
4.3 Orders for delivery outside the United Kingdom may be subject to duties, taxes and other fees as well as customs delays and regulatory or legal restrictions. You or the recipient are responsible for any charges levied and for ensuring that any Products you order comply with all laws and regulations of the destination country. We are unable to offer any assistance or advice if any of these issues arise.
4.4 Delivery will be completed when we deliver the Products to the address you gave us.
4.5 The Products will be your responsibility from the completion of delivery.
4.6 You have the right to cancel a Contract within a period of 14 days starting from the day after the day you receive the Products, provided that the Products remain unopened, unused and in a saleable condition with all packaging intact and provided that the boxes are clean and undamaged.
4.7 If you cancel a contract under clause 4.6 you are liable for return postage and for the safety of the goods in transit. We cannot issue a refund where goods have been damaged in transit or if we do not receive them back.
4.8 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org. Please include your order number and list the subject as “Returns”. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.
4.9 You will receive a full refund of the price you paid for the Products being returned provided that they are unopened, unused and in a saleable condition with all packaging intact, provided that the boxes are clean and undamaged and provided that all terms of the Contract are adhered to. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of receipt of the return.
4.10 If you are returning the Products to us because they are faulty or mis-described, please inform us within 7 days of receipt of the item, describing the fault, and we will refund the price of the Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We will refund you on the credit card or debit card used by you to pay.
- 4.11 If you purchase multiple products in our Spring 2020 promotion in order to receive a higher percentage discount (i.e. 2 products for 20% off, 3 products for 25% off), please note that if you return any items purchased your refund will be adjusted to take into account the number of products you have kept and the promotional discount that would apply to the number of items you have kept. To be eligible for a refund products must be returned unopened, unused and in a saleable condition with all packaging intact and clean and undamaged. The offer is only available on our site and while stocks last from 25 March 2020 to 23.59 GMT on 8 April 2020. The offer cannot be used together with a different promotional code, and the offer can be amended or withdrawn without notice. The offer is only valid while stocks last. Orders may be delayed due to significant volume so please allow a few extra days for order processing.
- 5. PRICE OF PRODUCTS
5.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 5.4 for what happens in this event.
5.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
5.3 The price of a Product includes 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 Products in full before the change in VAT takes effect.
5.4 It is always possible that, despite our reasonable efforts, the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product 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.
- 6. OUR LIABILITY
6.1 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. In addition, we shall not be liable to you for any loss or damage arising as a result of our being prevented from performing our obligations under these Terms by reason of circumstances beyond our reasonable control.
6.2 We do not in any way exclude or limit our liability where it would be unlawful to do so.
6.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether direct, indirect, special, incidental, consequential or of any other nature, and whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, our site, or (ii) use of or reliance on any content displayed on our site.
6.4 Subject to clause 6.2, in no event shall our maximum aggregate liability exceed fifty pounds sterling.
6.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
6.6 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- 7. EVENTS OUTSIDE OUR CONTROL
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 7.2.
7.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- 8. COMMUNICATIONS BETWEEN US
8.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
8.2 If you wish to contact us in writing for any other reason, please see our Contact page.
8.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- 9. OTHER IMPORTANT TERMS
9.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
9.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
9.3 A Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
9.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
9.7 We will not file a copy of the Contract between us.
- 10. USE OF OUR SITE
10.1 This clause 10 sets out the terms between you and us under which you may access our site. This clause 10 applies to all users of, and visitors to, our site (whether as a guest or a registered user). Use of our site includes accessing, browsing, or registering to use our site. Please read this clause 10 carefully before you start to use our site, as it will apply to your use of our site. Your use of our site means that you accept, and agree to abide by, all the policies in this clause 10, as well as these Terms.
10.2 You may use our site only for lawful purposes. You may not use our site:
(i) in any way that breaches any applicable local, national or international law or regulation;
(ii) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
(iii) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(iv) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and
(v) you also agree not to reproduce, duplicate, copy or re-sell any part of our site.
10.3 We will determine, in our discretion, whether there has been a breach of this clause 10 through your use of our site.When a breach of this clause 10 has occurred, we may take such action as we deem appropriate. Failure to comply with this clause 10 constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
(i) immediate, temporary or permanent withdrawal of your right to use our site;
(ii) immediate, temporary or permanent removal of any posting or material uploaded by you to our site;(iii) issue of a warning to you;
(iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v) further legal action against you; or
(vi) disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this clause 10. The responses described in this clause 10 are not limited, and we may take any other action we reasonably deem appropriate.
10.4 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
10.5 Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
10.6 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.
10.7 All content of our site, including text, images, source codes, logos, icons and photos and all other material, is the property of Elequra Limited or our affiliates, our licensors and/or our suppliers and is protected by copyright, trademarks, database and other intellectual property rights. Our site is for personal use only. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit any of the content of our site without our prior written consent and/or, where applicable, the prior written consent of our affiliates, our licensors and/or our suppliers.
10.8 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
10.9 Any persons found negligently or wilfully breaching this Clause 10 shall be liable for all the losses and damages that this may cause to Elequra Limited, our affiliates, partners and licensors. Any content you provide to us will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content provided by you or any other user of our site.
10.10 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
10.11 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our site other than that set out above, please contact email@example.com.
10.12 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
- 10. USE OF OUR SITE
- 11. ELEQURA AND SLEEPY WILSON INSTAGRAM GIVEAWAY DECEMBER 2019
11.1 By entering this free competition, you agree to these terms and conditions. The competition promoters are Elequra Limited whose registered address is 28 Old Brompton Road, Suite 316, London SW7 3SS and Sleepy Wilson Limited whose registered address is The Pantiles Chambers, 85 The High Street, Tunbridge Wells, Kent, TN1 1XP (together, the “Promoters”).
11.2 To enter the competition, (i) follow @elequra on instagram; (ii) follow @sleepy_wilson on Instagram; and (iii) tag your friends on the post comments. Internet access and an Instagram account is required.
11.3 The competition prize is a set of one 50ml Elequra Deep Nourishing Cream, one 30ml Elequra Eye Architecture cream, and one pair of Sleepy Wilson pyjamas. The prize is non-transferable, non-negotiable and non-refundable. No cash alternative is available. The Promoters reserve the right to change the prize at any time.
11.4 The competition runs from 13:00 GMT on 16 December 2019 and closes at 23.59 GMT on 25 December 2019. The Promoters will not accept late, incomplete, incorrectly submitted or illegible entries and will accept no responsibility for such entries, as well as for any misdirected entries, network failure or delay.
11.5 Entrants must be over the age of 18.
11.6 The competition is open to UK and European residents only. The prize may only be sent to a UK or European address. The prize will be sent in two separate parcels (one from each of the Promoters).
11.7 This competition is in no way sponsored, endorsed or administered by, or associated with Instagram.
11.8 The winner will be chosen at random in a computer generated draw and will be notified by Instagram private message and also announced on each of the Promoters’ Instagram accounts either as stories or posts on or before 30 December 2019. If the winner does not claim the prize within 7 calendar days of notification, the Promoters reserve the right to award the prize to another competition entrant. The names of the winner and the judge can be requested by emailing firstname.lastname@example.org.
11.9 It is the responsibility of the entrant to provide correct, up-to-date details when entering the competition and when accepting of the prize. The Promoters cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
11.10 The Promoters will not be liable to the prize winner for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using the prize.
11.11 By entering the competition you agree that your details (including your address, social media information and email address) may be used to keep you informed about the Promoters’ promotions, products and news. The Promoters each comply with the standard procedures laid down in the General Data Protection Regulation to ensure that the personal information provided is kept secure and processed fairly and lawfully. The Promoters may share your information with third parties for the purposes of administering this competition.
Promoters’ Privacy Policies:
11.12 Each of the Promoters does not claim any rights of ownership in your competition entry. You agree that each of the Promoters may, but is not required to, make your all or part of your entry available on its website (www.elequra.com or www.sleepywilson.com) or on any of its social media accounts (Twitter, Facebook and Instagram) and any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You agree to grant each of the Promoters a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry and any accompanying materials for such purposes.
11.13 You hereby warrant that your entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening.
11.14 Each of the Promoters reserves the right to at any time (i) cancel the competition; (ii) refuse to allow any individual to participate; (iii) change the competition prize and (iv) amend these terms and conditions.
11.15 This competition and these terms and conditions shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction of in the event of any dispute arising out of or in connection with this competition and these terms and conditions.
- 9. OTHER IMPORTANT TERMS
- 8. COMMUNICATIONS BETWEEN US
- 2. HOW TO ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US