TERMS & CONDITIONS OF BUSINESS

Legal Information

These terms and conditions of the company, Amschela Ltd of MGB, 23 Westfield Park Road, Bristol, BS6 6LT, United Kingdom, a company registered in England and Wales under company number 10029091 (hereinafter referred to as “we”, “us” and “our”) shall apply to all contracts concluded between us (hereinafter referring to “you”). We operate the following website: www.amschela.co.uk (the “Site”).

This page tells you the legal terms and conditions (“Terms”) on which we sell any items on the Site (“Items”) to “You”.

By visiting our “Site” and/ or purchasing something from “Us”, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the “Site” including, without any limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please note these “Terms” only apply to the purchase of products/items available on the “Site”. Purchase of Faith Amschela items from any other source will be governed by the terms and conditions applicable at the relevant third party source. Please note that promotions and offers available for purchases on the “Site” may not be available for purchases through other sources and vice versa.

When using the “Site”, “You” accept that communication with “Us” will be mainly electronic. We will contact “You” by email or provide “You” with information by posting notices on the “Site”. For contractual purposes, “You” agree to this electronic means of communication and “You” acknowledge that all contracts, notices, information and other communications that “We” provide to “You” electronically comply with any legal requirement that such communications be in writing. “You” will be responsible for keeping “Us” informed of any change in your contact details. “You” will also be responsible to ensure that any SPAM filters are correctly managed to ensure that all emails sent by “Us “. This condition does not affect your statutory rights.

Please read these “Terms” carefully and make sure that you understand them before ordering any product/ Items from the “Site”. Please note that before placing an order you will be asked to agree to these “Terms”. By placing an order, you confirm your acceptance of these “Terms”.

You should print a copy of these “Terms” or save them to your computer for future reference.

Governance

As we are an English company, English law applies to all our terms and conditions the Consumer Rights Act 2015 and Consumer Contract Regulations 2013.

Amendments to Terms

We reserve the right to amend, modify or withdraw these “Terms” from time to time without any liability to “You”. Every time you wish to order Items, please check these “Terms” to ensure you understand the terms which will apply at the date of purchase. All amendments, modifications or withdrawal of these terms will apply to any subsequent order after the date of the amendment, modification or withdrawal.

These Terms were most recently updated on 19th November 2016.

Definitions

Queries

Should you seek any information or clarification on these terms and conditions, or any other information relating to the site or product/items, please contact us at enquiries@amschela.co.uk.

SPECIFIC TERMS & CONDITIONS – Please read carefully

Term 1 – Order Process

• I. Orders are subject to acceptance by “Us” and are subject to availability. “You” must not order product/items from this site if “You” are under the age of 18 years old.
• II. Our order process allows you to check and amend any errors before submitting your order.
• III. Please take the time to check the details of your order at each page of the order process and before clicking “Confirm and Pay”, as “You” will not be able to make any changes to your order after this point, nor will “We” accept responsibility for any changes.
• IV. After “You” place an order by clicking “Confirm and Pay”, “You” will receive an e-mail from “Us” acknowledging that “We” have received your order. Please note that this does not mean your order is accepted. Your order constitutes an offer to “Us” to buy the product/item.
• V. Once “We” have accepted your order following successful receipt of payment, your order will be processed for dispatch. “We” will then send “You” an email that confirms that the Items have been dispatched (“Dispatch Confirmation”). The contract between “Us” will only be formed when “We” send “You” the despatch confirmation.
• VI. Please note that all Items are subject to availability. As there is a delay between the time when the order is placed and the time when the order is processed, the stock position relating to product/item may change without notice. If a product/item becomes out of stock, “We” will notify “You” as soon as possible and “You” will be refunded the full amount plus any delivery costs within 7 – 10 working days where “We” have already taken payment.

Term 2 – Payments

• I. Payment for goods ordered can be made by any method shown in this website at the time you place your order. All payments are taken in British Pounds.
• II. Payment for the products and all applicable delivery charges are in advance.

Term 2 – Refusal of an Order

• I. “We” reserve the right to refuse an order for example if the product/ Item “You” have ordered is unavailable or out of stock, if “We” are unable to obtain authorisation of payment, if there is an error in the product information including price or promotion or if “We” suspect fraudulent activity.

Term 3 – Cancellation/Refunds

• I. In accordance with legislation “You” may cancel your order and obtain a refund any time within 14 calendar days after receipt of Products/Items by notifying “Us” in writing and returning the Products to “Us”. Your parcel should contain a Cancellation Form. If not the alternative way to cancel your order is to email us at enquiries@amschela.co.uk and “We” will send “You” a Cancellation Form which “You” can then complete with your reasons for cancellation and return to” Us”. Alternatively, “You” may write to “Us” at our Registered Office. We recommend that any such correspondence is sent to “Us” by recorded mail. Unfortunately, “We” cannot cancel your order until it has been received by “Us”. For more information relating to this please refer to our Returns Information Page.
• II. Please ensure that the returned product is free from stains or other damage which may render your request to return the product void.
• III. The 14-calendar day period shall commence on the day that the products reach “You” or a nominated third party other than the carrier, acting on your behalf. In the case of multiple products ordered by “You” in one order and delivered separately – or in case of delivery of a product consisting of multiple lots or pieces – on the day that the last product, lot, or piece of the delivery reaches “You” or your nominated third party other than the carrier, acting on your behalf;
• IV. In the event of effective cancellation, the benefits mutually received shall be returned and any benefits already realised shall (e.g. interests) be returned as well. If “You” fail to return to “Us” the benefit in full or in part, or in a deteriorated condition, “You” may be liable for all damages. “You” may pay damages only with regard to the deterioration or realised benefits if the deterioration or realised benefits are stemming from a use of the product(s) in excess of what is needed to testing the characteristics and functioning. “Testing the characteristics and functioning” means the testing and try out of products that is common and possible in a physical shop.

Term 4 – Billing and Account Information

• I. “You” agree to provide current, complete and accurate purchase and account information for all purchases made at our store. “You” agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that “We” can complete your transactions and contact “You” as needed.
• II. Your submission of personal information including billing and account information through the site is governed by our Privacy Policy

Term 5 – Our Liability to You, the Consumer

• I. “We” warrant to “You” that any product/item purchased from “Us” through the site is of satisfactory quality and reasonably fit for all the purposes for which products/items of the kind are commonly supplied.
• II. “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” or any associated third party for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• III. Our liability for losses “You” suffer because of “Us” breaching this contract is strictly limited to the purchase price of the product /item “You” purchased.
• IV. To the fullest extent possible and except for the warranty set out at 2(i) above, “We” disclaim all warranties of any kind (whether expressed or implied) in relation to the products/item.
• V. “We” shall be under no liability in respect of any defect in the goods arising from fair wear and tear, wilful damage, negligence, abnormal usage conditions, failure to follow our instructions, misuse or alteration or repair of the ordered goods without our approval.
• VI. “We” will not be liable to “You” in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by “You” arising out of the subject of these terms and conditions.
• VII. Nothing in these Terms and Conditions shall limit “Our” liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for “Us” to exclude, or attempt to exclude “Our” liability.
• VIII. Nothing contained within these terms and conditions of business shall affect your statutory rights.

Term 6 – Your Indemnity

• I. “You” agree to indemnify “Us” (“Amschela”) fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by “You” or any other liability arising out of your use of this site or out of the use of this site by any person using your account number and/or password.

Term 7 – Products/Items

• I. The images of the Items on the 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 reflects the colour of the Items. Your Items may vary slightly from those images.
• II. All sizes and measurements of Items are approximate; however, we do make every effort to ensure they are accurate as possible.
• III. “We” take all reasonable care to ensure that all details, descriptions and prices of Items are as accurate as possible. “We” reserve the right to refuse orders where information about Items has been mis-published, including without limitation prices and promotions.
• IV. “We” take all reasonable care to ensure that the prices of Items are correct at the time when the relevant information is entered onto the site.
• V. Prices for Items may change from time to time without notice. However, these changes will not affect orders that have already been despatched.
• VI. The price of an Item includes VAT charged at the current standard rate (or similar sales tax) (where applicable) at the prevailing rate for which “We” are responsible as a seller.
• VII. “We” reserve the right, but are not obligated, to limit the sales of “Our” products/items to any person, geographic region or jurisdiction. “We” may exercise this right on a case-by-case basis. “We” reserve the right to limit the quantities of any products or services that “We” offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion of. “We” reserve the right to discontinue any product at any time. Any offer for any product/item made on this site is void where prohibited.

Term 8 – Pricing

• I. Please note that the prices listed on the site are only applicable for Items purchased on the site and not through any other source.
• II. “We” take all reasonable care to ensure that prices shown in our website are accurate at the time you place your order. If an error is found prior to dispatch of the goods, “We” will inform “You” as soon as possible and offer “You” the option of reconfirming your order at the correct price or cancelling your order. If “You” cancel, “We” will refund or re-credit “You” for any sum that has been paid by “You” or debited from your credit card for the goods. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by “You” as a mispricing, “We” do not have to provide the products to “You” at an incorrect (lower) price.
• III. Prices for our products may change from time to time, but changes will not affect any order which “We” have confirmed with a shipping confirmation email. The price of a product includes VAT charged at the standard rate (where applicable). “We” cannot refund any VAT charges, except where the entire price of the product has been refunded. 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. The price of a product does not include delivery charges.
• IV. The price of an Item does not include delivery or returns charges. “You” will be provided with details of our delivery charges during the order process. “You” can also see our delivery options and charges <href=”#tab4″>on our Delivery Information Page. “You” can get information about charges for returning Items if you choose to use one of our returns methods <href=”#tab5″>on our Returns Information Page.

Term 9 – Delivery

• I. “We” are unable to deliver to the following locations: PO Boxes, Airports, Hospitals, Hotels and Prisons. “We” will also at our discretion exclude delivery to any addresses which are considered to be insecure or inappropriate.
• II. ”We” cannot be held liable for any parcels that are lost or stolen as a result of any specific delivery instructions left by “You” for the carrier.
• III. Please refer to our Delivery Information Page for the full list of exclusions and pertinent delivery information.

Term 10 – Site Content

• I. Please note that whilst “We” take utmost care in ensuring the content on the Site (including descriptions of the product/ Items and associated services such as shipping, payment terms, offers and promotions and delivery timescales) are accurate the Site may at times contain typographical errors or other errors or inaccuracies and may not be complete or current.
• II. “We” therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without any prior notice. Where this affects an order that “You” have already placed “We” will notify “You” of the error if it will impact upon your order. In this regard, “We” reserve the right not to fulfil any orders that “You” have placed based on information on the site that may contain errors or inaccuracies.
• III. “You” agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Site, use our Site, or access any contact on the site through which the service is provided, without express written permission by us.
• IV. We exercise reasonable skill and care to ensure our Site is free from viruses and malware. However, you must: –
  • a. Be responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks;
  • b. Not deliberately introduce viruses, malware or any other material which is malicious or technologically harmful either to or via the Site;
  • c. Not attempt to gain unauthorised access to any part of the Site, the server on which the Site is stored or any other server, computer, or database connected to the Site;
  • d. Not attack the Site by any means of a denial of service attack, a distributed denial of service attack or by any other means;
  • e. Breach the provisions of Terms 10 (b) and (c), you may be committing a criminal offence under the Computer Misuse Act 1990. Any such breaches will be reported to the relevant law enforcement authorities and we will full co-operate by disclosing your identity. Your right to access and use the Site will cease immediately in the event of such a breach.

Term 11 – Usage & Misuse of Our Site

You may only use our Site in a lawful manner that complies with the provisions contained within these terms:

• I. You may not use this Site in any way, or for any purpose that is unlawful or fraudulent.
• II. You may not use this Site in any way, or for any purpose, that is harmful or intended to harm another person or persons.
• III. You must ensure compliance with all applicable laws and regulations
• IV. You must not use the Site to send, upload, transmit data that contains any form of virus, malware or any other code designed to adversely affect its computer hardware, software, or data of any kind
• V. You must not submit onto our Site or communicate anything onto our site that can be viewed as: –
  • a. Promoting violence;
  • b. Sexually explicit;
  • c. Obscene, offensive, hateful, or inflammatory;
  • d. Discriminatory or defamatory against any person, group or class of persons, race, gender, nationality, disability, sexual orientation, or age;
  • e. Threatening and intended or likely to threaten, harass, annoy, alarm, upset, embarrass, or inconvenience another person;
  • f. Calculated or is otherwise likely to deceive;
  • g. Infringe another person or person’s right to privacy (or threaten to infringe);
  • h. Implies any form of affiliation with the brand ‘Amschela’ or ‘Amschela Ltd’, where there is none either by misleading or other misrepresentation;
  • i. Infringe, or assists in the infringement of our intellectual property rights;
  • j. Breaches any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence

Term 12 – Rights Reserved

We reserve the right to suspend or terminate your access to our Site if you materially breach the provisions on Term 11or any other of our Terms and Conditions of Business. Specifically, we may take one or more of the following actions:

• I. Remove any user content submitted by you;
• II. Suspend, temporarily or permanently your Account and /or your right to access our Site;
• III. Issue you with a written warning of a breach or potential breach of our Terms and Conditions of Business;
• IV. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
• V. Take any further legal action against you as appropriate;
• VI. Disclose such information to law enforcement authorities as required or as we deem necessary; and/or
• VII. Take any other action which we deem necessary and reasonably appropriate

Term 13 – Intellectual Property Rights

i. “You” acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this site shall remain at all times vested in “Us” or our licensors. Amschela is a registered trademark owned by “Us”.

Term 14 – Correspondences

• I. Any correspondence given by “You” to “Us” shall be to our address set out in these Terms and Conditions of Business. “We” may contact “You” at either the email or postal address “You” provided to “Us” when placing the Order.
• II. Correspondences will be deemed received and properly served immediately when posted on the “site”, 24 (twenty-four) hours after an email is sent, or 3 (three) days after the date of posting any 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.

Term 15 – Unforeseen Events Outside of Our Control

• I. “We” will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by events outside our reasonable control (“Force Majeure Incident”).
• II. A Force Majeure Incident includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following: –
  • a. strikes, lock-outs or other industrial action;
  • b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • e. Impossibility of the use of public or private telecommunications networks;
• III. The acts, decrees, legislation, regulations or restrictions of any government.
• IV. Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and “We” will have an extension of time for performance during that period. “We” will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which “Our” obligations under the Contract may be performed despite the Force Majeure Incident.

Term 16 – Miscellaneous Terms

• I. Where the products are to be delivered separately and are not part of a periodical delivery, each delivery shall constitute a separate contract. If “We” fail to deliver any one or more of the instalments in accordance with these Terms and Conditions of Business, or if “You” make a claim in respect of any one or more instalments, this does not entitle “You” to treat the contract as void.
• II. 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 and Conditions of Business. “You” may only transfer your rights or your obligations under these Terms and Conditions of Business to another person if “We” agree this in writing. This 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.
• III. Each of the paragraphs of these Terms and Conditions of Business 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.
• IV. 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”.
• V. If “You” are a consumer, please note that these Terms and Conditions of Business are wholly governed by English law as Amschela Limited is an English company. This means a contract for the purchase of products through our website and any dispute or claim arising out of or in connection with it will be governed by English law if the laws of your habitual residence do not prevail, e.g. because they cannot be derogated. “You” and “We” both agree that the courts of England will have non-exclusive jurisdiction