These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Products are sold by Us (“Ashven”) to consumers on this website (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Products from Our Site. You will be required to read and accept these Terms of Sale when ordering Our Products. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Products through Our Site. These Terms of Sale, as well as any and all Contracts are in the English languageonly.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms of Sale, unless the context otherwise requires, the followingexpressions have the following meanings:

Contract”                             means a contract for the purchase and sale of products, as explained in Clause 8;

All Products”                       means the products sold by Us through Our Site;

Order”                                  means the item(s) you have purchased;

Order Confirmation”         means our acceptance and confirmation of your Order;

Order Number”                 means the reference number for your Order; and

We/Us/Our”                       means AAA Emporia Limited t/a Ashven, a company registered in England and Wales under the registration number 12236502, whose registered address is 37 Northfield Road, Hounslow, Middlesex, TW5 9JQ.

2. INFORMATION ABOUT US

2.1 Our Siteis owned and operated by AAA Emporia Limited, a limited company registered in England and Wales under the registration number 12236502, whose registered address is 37 Northfield Road, Hounslow, Middlesex, TW5 9JQ.

3. ACCESS TO AND USE OF OUR SITE

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of Our Site is subject to our Website Terms. Please ensure that you have read them carefully and that you understand them.

4. AGE RESTRICTIONS

4.1 Consumers may only purchase Products through Our Site if they are at least 18 years of age.

4.2 None of the Products on Our Site may be purchased by anyone under 18 years of age.

5. BUSINESS CUSTOMERS

5.1 These Terms of Sale apply to consumers only and do not apply to customers purchasing Products in the course of business.

6. INTERNATIONAL CUSTOMERS

6.1 Please note that we also sell to customers outside the United Kingdom. Please contact us via our contact us form.

7. ALL PRODUCTS, PRICING AND AVAILABILITY

7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of our Products available from Us correspond to the actual Products that you will receive. Please note, however, the following:

7.1.1 Images of Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that product will naturally vary in appearance;

7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of our Products may vary.

7.2 Please note that sub-Clauses in 7.1 donot exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Products, not to different Products altogether. Please refer to Clause 11 if you receive incorrect Products (i.e., Products that are not as described).

7.3 We cannot guarantee that All Products will always be available.

7.4 Minor changes may, from time to time, be made to certain Products between your Order being placed and Us processing that Order and dispatching the Products.

7.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.

7.6 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Products at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond.

7.7 In the event that the price of Products you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

7.8 Products on Our Site show VAT excluded; however, VAT is included once the items are added to your basket and purchased. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7.9 Delivery charges are not included in the price of Products displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.

WHOLESALE ORDERS

7.10 The wholesale discount will automatically apply if your minimum order value is £250 or over (excluding VAT). We aim to ensure We have a good product availability however, We cannot guarantee one-hundred precent (100%) stock availability. Should you require a large volume of a particular product then please email info@ashven.co.ukin order to discuss your requirements.

7.10.1 Payment – payment for your wholesale order(s) shall be made in accordance with Clause 9.

7.10.2 Shipping – We offer free delivery on your wholesale order(s) totalling £250 or over (excluding VAT).

8. ORDERS – HOW CONTRACTS ARE FORMED?

8.1 Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.

8.2 If, during the order process, you provide Us with incorrect or incomplete information, please Contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

8.4 Order Confirmations shall contain the following information:

8.4.1 Your Order Number;

8.4.2 Confirmation of the Products ordered;

8.4.3 Fully itemised pricing for the Products ordered including, where appropriate, taxes, delivery and other additional charges; and

8.4.4 Estimated delivery date(s).

8.5 We will also include a paper copy of the Order Confirmation with your Products.

8.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible.

8.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Products unless you specifically request that We make a refund using a different method.

9. PAYMENT

9.1 Payments can be made by Visa, American Express, MasterCard, Apple Pay, Google Pay and PayPal (“Card(s)”). We ensure payment is made safely and your Card details will be encrypted to minimise the possibility of unauthorised access or disclosure.

9.2Orders are despatched once We have received your full payment. Authority for payment must be given at the time the Order is made. By clicking “PLACE ORDER” you are confirming that the Card is yours.The amount authorised by you will be taken andyour order will be prepared to be dispatched for delivery. If a payment is made through PayPal, Apply Pay or Google Pay, the amount will be charged upon confirmation of your Order.

9.3 Cards are subject to validation checks and authorisation by your Card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.

10. DELIVERY, RISK AND OWNERSHIP

10.1 All Products purchased through Our Site will normally be delivered within fourteen (14) business days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).

10.2 If We are unable to deliver the Products on the delivery date, the following will apply:

10.2.1 If no one is available at your delivery address to receive the Products and the Products cannot be posted through your letterbox, We will leave a delivery note explaining how to rearrange delivery or where to collect the Products;

10.2.2 If you do not collect the Products or rearrange delivery, We will contact you to ask you how you wish to proceed. If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Products. If this happens, you will be refunded the purchase price of the Products themselves, but not the cost of delivery. We may also bill youfor any reasonable additional cost that we incur in recovering the Products.

10.3 In the unlikely event that We fail to deliver the Products within thirty (30) calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:

10.3.1 We have refused to deliver your Products; or

10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or

10.3.3 You told Us when ordering the Products that delivery within that time period was essential.

10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Products in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled and their delivery will be refunded to you within 14 working days. Please note that if any cancelled Products are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Products.

10.6 Delivery shall be deemed complete and the responsibility for the Products will pass to you once We have delivered the Products to the address you have provided.

10.7 Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Products.

11. PROBLEMS WITH THE PRODUCTS

11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).

11.2 If any Products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Products, please contact Us at 37 Northfield Road, Hounslow, Middlesex, TW5 9JQ as soon as reasonably possible and in any event within 14 working days to inform Us of the problem, and to arrange for a refund or replacement.

11.3 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Products to Us under this Clause 11 merely because you have changed your mind. Please refer to Clause 12 for more details.

11.4 To return Products to Us for any reason under this Clause 11, please contact Us via our contact form to arrange for a collection and return. We will be fully responsible for the costs of returning Products under this Clause 11 and will reimburse you where appropriate.

11.5 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

11.6 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Products were originally purchased.

11.7 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Products.

11.8 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12. CANCELLATIONS

12.1 To contact Us directly to cancel, please use the following details:

Telephone: 0800 634 8495;

Email:info@ashven.co.uk;

Post: 37 Northfield Road, Hounslow, Middlesex, TW5 9JQ;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

12.2 Any refundswill be issued to you using the same payment method when placing your Order, within fourteen (14) days. A return receipt will be emailed to you once processed by Us.

13. OUR LIABILITY TO CONSUMERS

13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

13.2 We only supply products for domestic and private use by consumers. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

13.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.

13.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

14. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)

14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control.

14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

14.2.1 We will inform you as soon as is reasonably possible;

14.2.2 We will take all reasonable steps to minimise the delay;

14.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

14.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;

14.2.5 If the event outside of Our control continues for more than 14 working days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible; and

14.2.6 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience

15. CONTACT DETAILS

15.1 You may contact Us by:

  • telephone on0800 634 8495; or
  • email info@ashven.co.uk; or
  • post at 37 Northfield Road, Hounslow, Middlesex, TW5 9JQ.

16. COMPLAINTS AND FEEDBACK

16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

16.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

16.2.1 By email, addressed toinf@ashven.co.uk, and shall be sent to the attention of Mr. Amrit Pal Singh Sachdeva; or

16.2.2 By contacting Us by telephone on0800 634 8495.

17. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)

17.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and UK GDPR.

17.2 We may use your personal information to:

17.2.1 Provide Our Products and services to you;

17.2.2 Process your Order (including payment) for the Products; and

17.2.3 Inform you of new products and/or services available from Us (if you opt in for marketing or have previously opted to receive it). You may request to opt-out fromreceiving this information at any time.

17.3 We will not pass on your personal information to any third parties.

18. OTHER IMPORTANT TERMS

18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected by them and are not happy with them.

19. LAW AND JURISDICTION

19.1 These Terms and Conditionsshall be governed by and construed in accordance with the law of England and Wales.

19.2 If any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

Last updated May 2021.