Terms and Conditions

Terms and Conditions of Evy’s Eclectic

Last updated: [20.02.2024.]

Please read all these terms and conditions.

As We accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

These terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Eva Szklenar trading as Evy’s Eclectic of Office 84755, PO Boksz 6945, London, W1A 6US with email address info@evyseclectic.com; (the Supplier or we or us).
These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside their trade, craft or profession;
Conctract means the legally-binding agreement between you and us for the supply of the Goods;
Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the goosd listed and advertised on the Website that we supply to you of the number and description as set out in the Order;
Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Website means our website https://www.evyseclectic.com on which the Goods are advertised;

The business

Evy’s Eclectic is a sole trader business: Eva Szklenar trading as Evy’s Eclectic. We are a print on demand business, which means that all the items are printed after you place an order. There’s no stock and no warehousing. The products are listed only on the website, posted and advertised on social media accounts, as well. There is no physical shop. It also means that we work together with several printing companies (based in the UK, US or China) and after entering into a Contract, these companies will start the delivery. The delivery costs and times varies. When you place an order of more different items, these items may be printed by different printing companies. It means that you will receive them in different packages with different time frames.

Goods

The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
In the case any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods which appear on the Website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

We retain and use all information strictly under the Privacy Policy.
We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of sale

The description of the Goods in our Website does not constitue a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out ont he Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us conforming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
Any quotation is valid for a maximum of 30 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and payment

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immadiately or otherwise before delivery of the Goods.
We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential, or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in additional to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we (in addition to other remedies) return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us and we will pay the costs of this.
If any Goods from a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
Our primary delivery destination is the United Kingdom. If, however we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them. We do not deliver to the United States and China.
You agree that we may deliver the Goods in different packages due to the nature of dropshipping business model (described above). If the Goods are not available with free shipping, you have to pay the shipping cost of each item. You will see the shipping cost at the checkout, before placing the Order.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of Delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods untill we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. Evy’s Eclectic is a print on demand business, which means that the item will be print only after you place an Order, so this withdrawal is very limited in time. The orders will not be sent to production for 24 hours after you place the order. You can withdraw the order within this 24 hours. The same 24 hours applies to personalized items.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation rights) set out below. These cancellation rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- goods which are liable to deteriorate or expire rapidly.
- goods which were sent to production before the 24 hours time frame on your written request.

Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 24 hours without giving any reason.
The cancellation period will expire after 24 hourss from the hour and date on which you placed the order ont he website.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision. You have to inform us in email (customer.service@evyseclectic.com). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website https://www.evyseclectic.com . If you use this option, we will communicate to you on acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period.

Except us set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for goods supplied

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning goods

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. To provide the proper return address you must contact us in email (customer.service@evyseclectic.com), because different printing companies may have different return addresses. The general return address is: Eva Szklenar / Evy’s Eclectic ; Unit 84755, Courier Point, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FH, UK, but we may ask you to send your return to another address depending on the items. You agree that you will have to bear the cost of returning the Goods.
Evy’s Eclectic is a print on demand business, which means, that we do not store any products. No warehousing. All items are made when you place an order. This also means that returns and exchanges are not supported, if you ordered the wrong size, color, or simply doesn’t like the product.

Returning damaged or faulty items

If there is a problem with an Order and /or the received product(s) is/are damaged, please get in touch with us as soon as possible, but no later, than 7 days after the product delivery. We offer a free replacement or a refund in case of a damaged product or a manufacturing error. In such a case, make a photo about the item to show us the problem. To be eligible for a return, your item must be unused and int he same condition that you received it.
For the purpose of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contract means a contract under which a trader transfers to agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
- be of satisfactory quality;
- be resonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by u sor set out in the Contract; and
- conform to their description.

It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

Your privacy is critical to us. We respect your privacy and comply with General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://www.evyseclectic.com/privacy-policy/) and cookies policy (https://www.evyseclectic.com/cookie-policy-uk/).
For the purposes of this Terms and Conditions:
- ’Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- ’GDPR’ means the General Data Protection Regulation.
- ’Data Controller’, ’Personal Data’ and ’Processing’ shall have the same meaning a sin the GDPR.
We are Data Controller of the Personal Data we Process in providing Goods to you.
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can email: eva.szklenar@evyseclectic.com.

Excluding liability

The Supplier does not exclude liability for: (i) any fraudelent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made or (ii) loss (eg loss of profit) to te Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales, or where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: Complaints must be made in email (customer.service@evyseclectic.com) or by using the model complain form. The necessary details are: Customer(s)’ name, Customer(s)’ address, order number, naming the product which the complaint is about, describing the complaint itself, date. Where possible, support the complaint with photograps. Evy’s Eclectic will investigate the complaint thoroughly and give you a feedback via email within a reasonable time.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en), but was changed in several places to fit the nature of a dropshipping business.

Model cancellation form

To Eva Szklenar trading as Evy’s Eclectic

Office 84755, PO Box 6945,

London

W1A 6US

Email address: customer.service@evyseclectic.com

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 [*] _______________ (date received)

Name of consumer(s):

Address of consumer(s):

____________________

Signature of consumer(s)

(Only if this form is notified on paper)

____________________

Date

[*] Delete as appropriate.

Model complaint form

To Eva Szklenar trading as Evy’s Eclectic

Office 84755, PO Box 6945,

London

W1A 6US

Email address: customer.service@evyseclectic.com

I/We[*] hereby give a complaint about my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*] / received on [*] _______________ (date received)

Name of consumer(s):

Address of consumer(s):

Oder number:

Problematic product:

Describing the complaint:

____________________

Signature of consumer(s)

(Only if this form is notified on paper)

____________________

Date

[*] Delete as appropriate.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Eva Szklenar trading as Evy’s Eclectic and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Evy’s Eclectic.

Evy’s Eclectic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Evy’s Eclectic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us. Use our contact form, or write us an email at info@evyseclectic.com. These are the fastest methods. Alternatively you can use our post addresse:

Evy Szklenar t/a Evy’s Eclectic, Office 8475, PO Box 6945, London, W1A 6US.

Evy's Eclectic

Clothes, home and living products. Not only for eclectic people.

Terms and Conditions