GENERAL TERMS AND CONDITIONS OF SALE
The following Terms and Conditions regulate the relationship between the customer and Esta Romi Ltd (“Esta Romi”) for the purposes of purchasing products and services by Esta Romi. We advise that you read these Terms carefully before ordering products or services. You will be asked to confirm that you have read, understood and accept these Terms before you place an order on our Website. Please understand that if you refuse to accept these Terms, you will not be able to purchase products or services from our website.
For the purposes of these Terms, by Customer, we refer to the person who purchases the products and/or services for non-professional or business purposes. The Gift Recipient is the person for whom the products or services have been purchased (as a gift from the Customer). The Customer is requested to read the Terms carefully and to check regularly for updates to the Terms.
Esta Romi sells products and services through www.estaromi.com, hence when you enter into a contract through this website you are entering into a contract with Esta Romi. Esta Romi is a UK registered company, with company number: 07492217 and registered address: 3rd Floor, 207 Regent Street, London, W1B 3HH
The Purchase Agreement entered by and between Esta Romi and the Customer will be considered completed and duly entered into by the Parties at the time the Customer submits the order and Esta Romi has received authorization from the payment issuer that payment is accepted. Your order constitutes an offer to Esta Romi to purchase goods or services. All orders are subject to Esta Romi’s acceptance, which will be confirmed via email.
The order submitted by the Customer shall be binding for Esta Romi only if the Customer has provided the information required to complete the transaction correctly and completely without any errors or omissions. Esta Romi is not responsible for any errors caused by the technical malfunctioning of the Customer’s Internet connection service. By submitting the order to Esta Romi the Customer acknowledges and states that he/she reviewed and accepted all the indications provided in the purchasing procedure and he/she accepts the current Terms.
All order forms will be stored in Esta Romi’s database. Esta Romi is responsible for sending the Customer an Order Confirmation which will confirm the receipt of the order and contain a summary of the Products ordered, the pricing details of the products ordered, the time and date of the purchase. Please note that it is the Customer’s responsibility to notify Esta Romi of any errors or mistakes in the Order Confirmation. If Esta Romi is not notified, the Company will proceed on the basis that the order is correct and agreed by the Customer.
To utilise specific services or features made via our website, you will be required to register. For registration, you will be required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately. Please be aware that our registration requirements are subject to change.
All products and services available for purchase are subject to availability at the time of order. Esta Romi reserves the right to vary at any time, the quantity and/or the type of products and services that may be purchased. The Customer will be informed if the product or service requested is not available.
All prices are stated in GBP and they include any VAT and applicable taxes. The prices do not include shipping and delivery charges, which are stated on the order form at the time an order is placed. If orders are placed for delivery outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. The Customer will be responsible for payment of any such import duties and taxes. Please be aware that we have no control over these charges and cannot predict their amount. Kindly contact your local customs office for further information before placing your order. Please note that you must comply with all applicable laws and regulations of the country for which the products are destined. Esta Romi will not be liable for any breach by you of such laws.
Esta Romi will endeavour to ensure all pricing information is accurate but cannot guarantee the absolute absence of error. In the event that an error in the price of a product or service occurs, Esta Romi will allow the option to confirm the purchase of the product or service at the correct price or to cancel the order. If Esta Romi is unable to contact the Customer, the order will be treated as cancelled.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
ORDER CANCELLATION BY THE CUSTOMER
You may not cancel your order if the goods ordered are made to your specifications or are clearly personalized or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. Otherwise, an order can be cancelled without charge or penalty up to 48 hours before the scheduled delivery time and if the finished products have not left Esta Romi’s warehouse for delivery. If the finished products have left Esta Romi’s warehouse or delivery, then you have the right to cancel your order under the Distance Selling Regulations 2000 (DSRs), providing you give us written notice within 7 working days of receipt. Please email our Returns Department.
ORDER CANCELLATION BY ESTA ROMI
We will not accept and reserve the right to cancel any order between you and us if:
- We have insufficient stock to deliver the goods you have ordered - We do not deliver to your area; or - One or more of the items you ordered was listed at an incorrect price, due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your order we will notify you by email and re-credit your account with any sum deducted by us from your payment. This will be processed as soon as possible, but in any event within 10 working days of your order. Unfortunately we cannot offer any compensation for disappointment.
The ownership of a product ordered from Esta Romi will be transferred to the Customer at the moment of delivery to the address specified by the Customer in the purchase order, or on collection by the Customer. This will be on the condition that Esta Romi has received the payment for the entire value of the goods. In any event, the risks of damages and/or loss of the product are transferred to the Customer at the time of delivery or collection.
Please note that in the event where goods received are not what you ordered or are: damaged, defective or the delivery is of unacceptable quality; you are responsible for contacting us as soon as possible.
Other than special orders, if you do not receive the goods you ordered within 5 working days within the UK or 10 working days within the EU from the date on which you place your order, Esta Romi will hold no liability for the goods unless you notify us by email of the problem within 7 of days from the date of your order. If you notify us of this, we will either:
- Make good any shortage or non-delivery; or
- Replace any goods that are damaged or defective; or
- Refund to you the amount paid by you for the goods in question in whatever way we choose.
We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill), arising out of any problem you notify us, in relation to the above, we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question, according to stipulations noted above.
We make no representation that goods on www.estaromi.com are appropriate or available for use in locations outside the UK. Accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from outside the UK, you do so at your own risk and are responsible for compliance with local laws. You must comply with all applicable laws and regulations, including obtaining necessary customs, import or other permits to purchase goods from Esta Romi. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
GUARANTEE OF AUTHENTICITY
Esta Romi only sells products that have been sourced directly from the Brands or their Licensed Distributors.
Esta Romi endeavours to publish accurate, error-free and updated information. However, it is not possible to guarantee the complete absence of errors including typographical errors and other inaccuracies. Some of these errors may relate to product pricing, stock availability and/or details of the products.
Esta Romi reserves the right to amend any errors and inaccuracies, including after an order has been made. We will contact the relevant customer before completing an order if errors are deemed material.
Esta Romi reserves the right to amend or modify published information at any time without any prior communication.
Esta Romi uses appropriate security measures to protect the information you give us. However, while we take all reasonable steps to protect your personal information, you accept that no electronic data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach unless this is due to our negligence.
You are the owner or all your personal data. As such, you have the right to obtain from Esta Romi all information that pertains to you. In particular, you can ascertain whether or not personal data pertaining to you exists in the company database; you have the right to obtain or view that data in intelligible form; to be informed of the source of that data; to be informed of the logic applied to the processing of that data (why we need to store it); you have the right to obtain erasure, anonymisation or blocking of data; you have the right to object, in whole or in part, on legitimate grounds, to the processing of data concerning you. You can exercise this right at any time by contacting us and setting out your request relating to your personal data.
You agree that any and all suggestions, designs, concepts, ideas, photographs, testimonials and other items or materials (except for your Personal and Financial Information) disclosed or submitted to Esta Romi through the Website or by other means are not confidential and are licensed to Esta Romi.
By making a Submission to Esta Romi, you licence all rights, title and interest (including copyright) to Esta Romi. Esta Romi has no obligation to keep any Submission confidential, to pay you or anyone any compensation for any Submission or for using the Submission, or to respond or acknowledge any Submission. By making the Submission, you represent and warrant that no Submission you make will violate any right of any third party including but not limited to copyright, trade mark, patent, trade secret, privacy or other personal or proprietary right. You are and shall remain solely responsible for the content of any Submission you make.
By making a Submission, you agree that Esta Romi has the right, but not the obligation, to copy, publish, distribute, or use the Submission throughout the world for any purpose including, but not limited to, advertising, promotions, product development or any other commercial purposes.
LINKS TO OTHER WEBSITES
The Esta Romi website and other publications may contain links to other websites. Esta Romi is not responsible for any content or material contained in that website. Esta Romi does not, by linking to another website, or by making reference to any third party information, products or services, endorse those websites or materials. Any questions relating to any other website should be directed to the operator of that website.
LINKING TO THE ESTA ROMI WEBSITE
It is not permitted to link to the Esta Romi website without the express permission of Esta Romi.
Material on this Website may contain inaccuracies or typographical errors. Esta Romi is not responsible for any inaccuracies or errors or for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Website. It is your responsibility to evaluate the information and other content available through this Website. The information and materials contained in this Website are subject to change at any time and from time to time without prior or subsequent notice.
COPYRIGHT AND TRADE MARKS
All material on the Esta Romi Website is protected by intellectual property rights. These materials are owned by Esta Romi or its subsidiaries or affiliates or are used with permission from their owners. Such material includes, but is not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks as well as the software used in the design and development of this Website. All rights are reserved worldwide.
The name and mark of Esta Romi, including the logo, all packaging and all other Esta Romi-related marks depicted on the Esta Romi Website, whether registered or unregistered are trade marks or service marks of Esta Romi in the UK and worldwide.
The materials contained in this Website are displayed for informational purposes only and are solely intended for private, personal and non-commercial use. You may download or copy materials in this Website solely for your personal or non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal, non-commercial use), publish, transmit, distribute, display, remove, delete, add to, or otherwise modify, create derivative works from, sell or participate in the sale of any materials from this Website. Any use of Esta Romi material, without the prior express consent of Esta Romi is strictly prohibited.
Esta Romi makes no representation or warranties of any kind, express or implied, that this website is free from malicious programs including Viruses, Worms or Trojan Horses or that this Website is free of any defects. You agree, by using this Website, that your use of this Website is solely at your own risk and that you assume full responsibility for all loss or use, loss of data, and all costs associated with all necessary servicing or repairs of any equipment or software that are caused by or related to your use of this.
You have certain rights under the law. In England these include:
1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
2. Certain remedies if a product is defective; and
3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the Terms is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in the Esta Romi Terms is intended to affect your rights under the law.
If Esta Romi breaches the Terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Esta Romi at the time of you placing your order and Esta Romi despatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events which beyond our reasonable control.
VARIATION OF THESE TERMS & CONDITIONS
Esta Romi reserves the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. Such variations become effective immediately upon the posting of the varied Terms & Conditions of Use on the website. By continuing to use the website you will be deemed to accept such variations. If, for any reason, we believe that you have not complied with any of these Terms & Conditions Esta Romi may, at its sole discretion, cancel your access to the registration areas of the website immediately and without giving you any advance notice. Further, we reserve the absolute right to withdraw or suspend the website where we deem this to be necessary without notice and will not be liable to you for such unavailability.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, 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 our Website. 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. This condition does not affect your statutory rights.
At our request, you agree to compensate us fully, defend us and hold Esta Romi harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms by you including the use by any other persons accessing this Website using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Esta Romi as a result of the Terms or your use of Esta Romi. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Esta Romi, and we shall not be liable for any representation, act, or omission on your part.
The Terms together with all our policies and procedures will be governed by and construed in accordance the relevant English law and the relevant courts of England and Wales will have exclusive jurisdiction.