Terms and Conditions

Interpretation

1. Definitions:

Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 14.3.

Contract: the contract between the Customer and the Supplier for the sale and purchase of the Goods in accordance with these Conditions.

Customer: The individual who orders using the Andro & Eve online shop.

Delivery Date: the date specified in the Order, or, if none is specified, within 5 days of the date of the Order.

Delivery Location: the address for delivery of Goods as set out in the Order.

Goods: the goods (or any part of them) set out in the Order.

Order: the Customer’s order for the Goods, as set out in the Customer’s e-mail confirmation.

Specification: any specification for the Goods.

2. Basis of contract

2.1.      The following terms and conditions apply to all orders placed by the customer (herein referred to as ‘you’) with Andro and Eve Ltd. Herein referred to as ‘Andro & Eve’ and at the Andro and Eve website referred to as ‘androandeve.com’.

2.2       By placing an order with androandeve.com you agree to be bound by the terms and conditions set out herein. (The ‘Terms’). Please make sure you have read and understood the Terms before placing your order.

 2.3       The inclusion of products or services on androandeve.com at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to withdraw or discontinue products at any time.

2.4       We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those that appear on androandeve.com at the time you place your order.

3. Ordering

3.1       The Order shall be deemed to be accepted on the earlier of:

• Andro and Eve issuing a written acceptance of the Order; and
• Andro and Eve doing any act consistent with fulfilling the Order,

at which point the Terms shall come into existence.

3.2       Only persons of legal age, 18 years or older, who are not under guardianship and are not acting in capacity as a company, with a physical address in the United Kingdom (including NI, Scilly Isles and the Highland Islands) can place an order. Andro and Eve reserves the right to restrict delivery to certain areas at specific times of the year. This could be due to adverse weather conditions that exist in these areas. Read more about this in clause 5. Delivery.

3.3       Once you have placed your order, if you have supplied us with your e-mail address, you will receive a confirmation of your order. If, for any reason we are unable to fulfil your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund you using the same method used to make payment. If for any reason alternative arrangements need to be made we will ask you to contact us and we’ll use alternative methods to settle the payment.

3.4       Cancelling your order.You may cancel or return your order from the date you place your order until 30 days after receipt of the order. If you have been charged for the items, you will receive a refund which will include the standard delivery cost. Read more about this in clause 7: Withdrawal of Order.

4. Our Products

4.1       We will do our best to ensure that the products shall:

• correspond with their description and any applicable Specification;
• be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for the purpose as advertised by Andro and Eve, and in this respect you rely on Andro and Eve’s skill and judgement;
• where they are manufactured products, be free from defects in design, material and workmanship.
• comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the

4.2       Colours: We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.

5. Price and delivery charges.

5.1       The price of the Goods:

• Includes Value Added Tax (VAT) but does not include a delivery charge.
• Includes the costs of packaging, insurance and carriage of the Goods.

5.2       No extra charges shall be effective unless agreed in writing with the Customer.

5.3       The delivery charge for each order will be the same regardless of the size or weight of the order. The cost for delivery will be clearly labelled in the online check out process. Our standard delivery fee is £3.95.

6          Delivery

6.1       Andro and Eve will take utmost care in the acceptance and processing of your order and will shall ensure that:

• the products are properly packed and secured in such manner as to enable them to reach their destination in good condition;
• each delivery of the products is accompanied by a delivery note which shows the date of the Order, the Order number (if any), and the type and quantity of the products special storage instructions (if any).

6.2       Andro and Eve endeavours to dispatch orders in the fastest possible time and in the order with which they are placed. We aim to deliver within 3 – 5 working days following confirmation of an order unless otherwise agreed. Though we aim to deliver within the stated time frame delivery may take longer due to unexpected events. In the unlikely event that delivery time exceeds 30 days you may cancel your order.

6.3       Before you place your order you will be informed of the expected delivery details. Once you have placed your order you will receive an email confirmation with your expected delivery details.

6.4       We use Royal Mail for delivery and will ship to UK Mainland as well as Isle of Man, NI and the Islands of the Scottish Highlands.  

7          Withdrawal of Order

7.1       You may cancel or return your order from the date you place the order until 30 days after receipt of the ordered items. If you have been charged for the items, you will receive a refund which will include the standard delivery cost. Should you choose to keep certain items and only partially cancel your order, the delivery cost will not be refunded.

7.2       If you wish to cancel your order please notify us in writing via e-mail to hello@androandeve.com and return any items to us as set out in clause 8.1 below and within the 30 days as set out in clause 3.4 (above). We will provide a refund attempting to use the same method used to make the payment (or, if the items have not yet been paid for, reflect the return of the items in your account balance) as soon as possible and at the latest within 14 days of receiving your notice of cancellation, provided we have received the items or evidence of you having sent back the faulty items.

8          Returns and Refunds

8.1       If the item you have received is defective please notify Andro and Eve promptly and return the item clearly labelled to the address in clause 14.10. Andro and Eve will, for any products deemed defective, provide a full refund, including the costs of delivery and return. The provisions set forth herein do not limit any applicable statutory rights.

8.2       Andro and Eve guarantees a full refund for any returned items in accordance with section 7 (Withdrawal of Order), provided that all items are returned in the same condition as they were when you received them. This means the items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and that any labels or tags should be intact.

8.3       Your rights and remedies under these Conditions are in addition to rights and remedies implied by statute and common law.

9          Title and risk

Title and risk in the Goods shall pass to you on completion of delivery.

10        Our Liability

10.1     Nothing in these Terms shall exclude or limit Andro and Eve’s liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.

10.2     Andro and Eve is not responsible for indirect losses which are a side effect of the main loss or damage to your items, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity

10.3     Our maximum liability to you for any loss or damage arising in connection with your order on androandeve.com shall be limited to the total price of your order.

10.4     This clause 10 shall survive termination of the Contract.

11        Guarantee

11.1     If there are defects in the goods you have purchased, Andro and Eve abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay and e-mailing hello@androandeve.com.

12        Compliance with relevant laws and policies

12.1     In performing its obligations under the Terms, Andro and Eve shall:

• comply with all applicable laws, statutes, regulations from time to time in force; and
• comply with the Mandatory Policies.

12.2     You may immediately terminate the Contract for any breach of clause 12.

13        Force majeure

Neither party shall be in breach of the Terms nor liable for delay in performing, or failure to perform, any of its obligations under it if such delay or failure results from an event, circumstance or cause beyond its reasonable control. If the period of delay or non-performance continues for 8 weeks, the party not affected may terminate the Contract by giving 5 days written notice to the affected party.

14        General

You are obliged to submit a correct e-mail address and to inform Andro and Eve if your e-mail address changes. Please note that Andro and Eve reserves the right to send payment requests to your e-mail address. You will receive the legally required receipt in the shipping confirmation e-mail.

14.1     Assignment and other dealings.

1. Andro and Eve reserves the right to assign or pledge to third parties any claim(s) for payment which have arisen in connection with the delivery of goods.
2. You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of Andro and Eve.

14.2     Entire agreement. The Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

14.3     Variation. Except as set out in these Conditions, no variation of the Terms, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by Andro and Eve.

14.4     Waiver. No failure or delay by a party to exercise any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

14.5     Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms.

14.6     Ownership of rights. All intellectual property rights, such as trademarks and copyrights at androandeve.com remain with Andro and Eve Ltd. Any use of androandeve.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Andro and Eve.

Notices.

• Any notice [or other communication] given to a party under or in connection with the Terms shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be sent by pre-paid first class post or other next working day delivery service, commercial courier, or email.
• A notice or other communication shall be deemed to have been received: if sent by pre -paid first class post to the address referred to in clause … or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one Business Day after transmission.
• This clause does not apply to the service of any proceedings or other documents in any legal action, or other method of dispute resolution.

14.7     Third party rights. No one other than a party to these Terms [and their permitted assignees] shall have any right to enforce any of its terms.

14.8     Governing law. The Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

14.9     Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

14.10   Company Information

Andro and Eve Ltd.

Copyright to Andro & Eve Ltd ® A company limited by guarantee. Company no. 11625301

Registered Office: Allen, West and Foster. 2 Broomgrove Rd. Sheffield. S10 2LR.