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Terms of Service

Terms of Service

This website is operated by Emu Sales Ltd. The website and online storefront operate under the Emu Oil Well name.

Throughout these Terms, the words “we”, “us” and “our” refer to Emu Sales Ltd. References to “you” or “your” refer to the person using our website or purchasing goods from us.

These Terms of Service govern your use of www.emuoilwell.co.uk, including browsing the website, creating an account, placing an order, purchasing products or otherwise using the services made available through the website.

Please read these Terms together with our:

  • Privacy Policy
  • Cookie Policy
  • Return and Refund Policy
  • Shipping and Delivery information

By using our website, you agree to comply with these Terms. When you place an order, these Terms form part of the agreement between you and us.

Nothing in these Terms is intended to exclude, restrict or replace any consumer rights that cannot legally be excluded or restricted.

1. About Us

The website is operated by:

Emu Sales Ltd

Our full contact details can be found at the end of these Terms.

If you have any questions before placing an order, please contact us.

2. Using Our Website

You may use our website only for lawful purposes.

You must not:

  • Use the website in a way that breaches applicable law.
  • Attempt to gain unauthorised access to the website, customer accounts, servers or systems.
  • Introduce viruses, malicious code or other harmful material.
  • Interfere with the security or proper operation of the website.
  • Use automated systems to scrape, copy or extract substantial amounts of website content without permission.
  • Use the website to commit or facilitate fraud.
  • Impersonate another person or provide deliberately false information.

We may restrict or suspend access to the website where reasonably necessary to protect our customers, systems, business or legal rights.

3. Customer Accounts

You may be able to create a customer account to make ordering and managing purchases easier.

You are responsible for:

  • Providing accurate account information.
  • Keeping your login details secure.
  • Not allowing unauthorised persons to use your account.
  • Informing us if you believe your account has been compromised.

We may suspend or close an account where we reasonably believe it is being used fraudulently, unlawfully or in breach of these Terms.

Closing an account does not remove obligations relating to orders already placed or information we are legally required to retain.

4. Placing an Order

When you place an order, you are making an offer to purchase the products shown in your order.

You are responsible for checking the order before submitting it, including:

  • The products selected.
  • Quantities.
  • Product variations or sizes.
  • Billing information.
  • Delivery address.
  • Contact information.
  • Shipping option where applicable.

Please ensure that your delivery information is complete and accurate. We cannot be responsible for delivery problems caused by incorrect or incomplete information supplied by the customer.

After an order is submitted, you may receive an automated order acknowledgement. An acknowledgement confirms that we have received the order but does not necessarily mean that the order has been accepted.

5. Order Acceptance

An order is accepted when we confirm that it has been accepted for fulfilment or dispatch.

We may decline or cancel an order before fulfilment where there is a legitimate reason to do so, including where:

  • A product is unavailable.
  • Payment cannot be authorised.
  • We reasonably suspect fraud or unauthorised payment activity.
  • The delivery address cannot be serviced.
  • An obvious pricing or product information error has occurred.
  • The order breaches an applicable law or shipping restriction.
  • We are unable to fulfil the order for reasons outside our reasonable control.

If we cancel an order after payment has been taken, any amount due back to you will be refunded using the appropriate payment method.

6. Product Availability

All products are subject to availability.

We make reasonable efforts to keep availability information accurate, but stock levels may change quickly and an item shown as available may occasionally become unavailable before an order can be fulfilled.

If this happens, we will normally contact you or refund the affected item.

We are not obliged to supply a substitute product unless this has been agreed with you.

7. Product Information

We take reasonable care to ensure that product descriptions, photographs, ingredients, quantities, sizes and other information displayed on our website are accurate.

However:

  • Product packaging may change from time to time.
  • Manufacturers or suppliers may update labels or formulations.
  • Colours may appear differently depending on your screen or device.
  • Photographs may include packaging or presentation that changes without materially changing the product itself.

Where information on the physical product differs from older website imagery, you should follow the current information, directions and warnings supplied with the product.

If you believe that you have received an incorrect product or a product that materially differs from its description, please contact us.

8. Product Use

Products should be used in accordance with the instructions, warnings and information supplied with them.

You are responsible for checking that a product is suitable for your intended use, including reviewing ingredients where you have allergies, sensitivities or other relevant concerns.

Information provided on our website is intended to describe our products and provide general information. It should not be treated as a substitute for individual professional medical advice where such advice is appropriate.

Nothing in this section affects your statutory rights in relation to products that are faulty, unsafe, incorrectly supplied or not as described.

9. Prices

Product prices are shown on the website and may be changed from time to time.

A price change will not normally affect an order that has already been accepted.

We take reasonable care to ensure prices are accurate. If an obvious pricing error is discovered before an order is accepted, we may:

  • Contact you to confirm whether you wish to proceed at the correct price, or
  • Cancel the affected order and issue an appropriate refund.

Any cancellation or correction will be handled in accordance with applicable law.

10. Taxes

Taxes applied to an order depend on the destination and the applicable tax treatment of the transaction.

Where applicable, prices or checkout totals will show taxes collected by us.

International orders are sold without UK VAT being added at checkout.

For international shipments, the destination country may impose its own:

  • VAT or GST.
  • Import tax.
  • Customs duty.
  • Customs clearance charges.
  • Postal or courier handling charges.
  • Other import-related fees.

Unless we expressly state that a particular destination charge is included, these charges are not included in the amount paid to us and are the responsibility of the recipient.

Customers are responsible for checking the import, tax and customs requirements that apply in their destination country before ordering.

11. Payment

Payment must be made using one of the payment methods offered during checkout.

Payments may be processed by third-party payment providers.

We do not store your full credit or debit card details on our own systems.

Payment may be subject to:

  • Authorisation by your bank or payment provider.
  • Fraud-prevention checks.
  • Security verification.
  • Other checks required by the payment provider.

An order may be delayed or declined if payment cannot be successfully authorised.

12. UK Delivery

UK delivery options, charges and estimated delivery times are shown on our website and, where applicable, during checkout.

We aim to process orders promptly and most orders placed on working days are dispatched as quickly as possible.

Delivery estimates are estimates rather than guarantees unless a particular service is expressly described as guaranteed.

Delays may occasionally occur because of postal disruption, weather, operational issues or other circumstances outside our reasonable control.

13. International Shipping

We ship to many international destinations.

International shipping charges are calculated according to factors including:

  • Destination country.
  • Shipment weight.
  • Applicable carrier service.
  • Available contracted carrier rates.

For many international destinations, the carrier price includes a base parcel charge plus a weight-related charge. Heavier shipments may instead be priced using fixed weight bands.

As a result, two parcels of the same weight may have different shipping prices depending on their destination.

The exact shipping charge applicable to your order will be shown at checkout before payment.

International delivery times are estimates and may be affected by customs processing, local postal services, carrier delays or other circumstances outside our reasonable control.

14. Customs and Import Requirements

When ordering internationally, you are responsible for ensuring that the products you purchase may lawfully be imported into your destination country.

Customs authorities may inspect, delay or hold international parcels.

We are not responsible for:

  • Import restrictions imposed by the destination country.
  • Customs processing times.
  • Import VAT, GST or duties charged by the destination country.
  • Customs clearance or local carrier charges imposed after dispatch.

You should check your local rules before ordering if you are unsure whether a product can be imported.

15. Unclaimed or Refused International Parcels

International customers are responsible for collecting their parcels and paying any applicable import taxes, customs duties or clearance charges imposed by their destination country.

If a parcel is returned to us because the recipient:

  • Fails to collect it from customs, a postal operator or collection point.
  • Fails or refuses to pay applicable import charges.
  • Refuses delivery without previously notifying us that they are exercising an applicable statutory cancellation right.

then the original shipping charge will not be refunded, as the shipping service has already been provided and the cost cannot be recovered by us.

Once the parcel has been returned to us and inspected, we will refund the value of eligible returned goods.

If we incur an additional return-to-sender, carrier, customs or handling charge because the parcel was not collected or accepted, that cost may also be deducted from the refund where the customer is legally responsible for it.

Nothing in this section overrides a statutory cancellation or consumer right that legally applies to the order.

16. Delivery Information and Failed Delivery

You are responsible for providing a complete and accurate delivery address.

If an order cannot be delivered because the address supplied was incorrect or incomplete, additional postage may be required before the parcel can be sent again.

Where a carrier makes the parcel available for collection or requests further action from the recipient, it is the recipient's responsibility to take reasonable steps to receive the parcel.

Please contact us if tracking indicates a delivery problem so that we can assist where possible.

17. Returns, Cancellations and Refunds

Returns, cancellations and refunds are governed by our Return and Refund Policy, which forms part of these Terms.

Our voluntary returns policy operates alongside any statutory rights that apply to you.

Depending on the applicable law and circumstances, customers may have additional rights where goods are:

  • Faulty.
  • Damaged.
  • Incorrectly supplied.
  • Not as described.
  • Otherwise not in conformity with the contract.

For applicable online consumer purchases, statutory cooling-off or withdrawal rights may also apply, subject to applicable exclusions such as certain unsealed hygiene-sensitive products. EU law generally provides a 14-day withdrawal period for eligible distance purchases and requires traders to give consumers relevant pre-contract information.

18. Personal Care and Hygiene Products

Some of the products we sell are personal care products.

For health and hygiene reasons, sealed products that are unsuitable for return once opened may not be eligible for a change-of-mind return after the relevant seal has been broken.

This does not affect rights relating to faulty, damaged, incorrectly supplied or misdescribed goods.

Please see our Return and Refund Policy for full details.

19. Intellectual Property

Unless otherwise stated, the content of this website belongs to us or is used by us with permission.

This may include:

  • Text.
  • Product descriptions.
  • Photographs.
  • Graphics.
  • Logos.
  • Branding.
  • Page layouts.
  • Website content and design elements.

You may view and use the website for personal shopping and other normal lawful purposes.

You may not reproduce, republish, distribute, commercially exploit or systematically copy substantial portions of our website content without permission, except where permitted by law.

20. Reviews, Feedback and Other Content

Where our website allows you to submit a review, comment, photograph, feedback or other content, you are responsible for ensuring that the material:

  • Is accurate to the best of your knowledge.
  • Does not infringe another person's rights.
  • Is not unlawful, threatening, abusive or defamatory.
  • Does not contain malicious code or spam.
  • Does not contain another person's private information without permission.

By submitting material intended for publication, you give us permission to display, reproduce and use that material in connection with our website and business.

We may moderate or remove submitted content where we reasonably believe it breaches these Terms or applicable law.

21. Third-Party Services and Links

Our website may contain links to websites, payment services or other services operated by third parties.

A link does not necessarily mean that we endorse or control that third party.

We are not responsible for the content, availability, security or privacy practices of independent third-party websites.

When you use an external service, its own terms and privacy policies may apply.

22. Website Availability

We aim to keep our website available and operating correctly but cannot guarantee uninterrupted access.

We may temporarily suspend or restrict parts of the website for reasons including:

  • Maintenance.
  • Security.
  • Technical problems.
  • System updates.
  • Circumstances outside our reasonable control.

We may also change or discontinue website features from time to time.

This does not affect obligations relating to orders that have already been accepted.

23. Errors and Corrections

Despite reasonable care, our website may occasionally contain typographical errors, incorrect product information, incorrect availability information or other mistakes.

We may correct such errors when discovered.

Where an error materially affects an order you have already placed, we will deal with the matter fairly and in accordance with applicable consumer law.

24. Events Outside Our Reasonable Control

We will not be responsible for a delay or failure caused by circumstances genuinely outside our reasonable control.

These may include severe weather, postal or carrier disruption, transport interruption, customs action, industrial disputes, power or telecommunications failures, natural disasters or government restrictions.

Where such an event affects an accepted order, we will take reasonable steps to minimise the impact and keep you informed where appropriate.

Nothing in this section removes any mandatory consumer remedy that applies if an order is not delivered within the period required by law.

25. Our Responsibility to You

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

In particular, nothing in these Terms is intended to exclude or restrict:

  • Mandatory consumer rights.
  • Liability for fraud or fraudulent misrepresentation.
  • Liability that cannot lawfully be limited or excluded.

If you are purchasing as a consumer, we are responsible for losses that are a foreseeable consequence of our breach of the contract to the extent required by applicable law.

We are not responsible for losses arising solely from unlawful, improper or unreasonable use of a product or from failure to follow applicable product instructions and warnings.

Standard consumer terms that unfairly restrict a trader's liability or create a significant imbalance against the consumer may not be binding, which is why I would avoid the very broad liability waiver in your old template.

26. Business Purchases

If you purchase products wholly or mainly for purposes relating to your trade, business, craft or profession, certain statutory protections that apply specifically to consumers may not apply to that purchase.

Nothing in these Terms excludes rights or liabilities that cannot lawfully be excluded in a business transaction.

27. Privacy

Personal information provided through our website is handled in accordance with our Privacy Policy.

Our use of cookies and similar technologies is described in our Cookie Policy.

28. Severability

If any part of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary.

The remaining provisions will continue to apply.

29. No Waiver

If we do not immediately enforce a provision of these Terms, this does not mean that we have waived our right to enforce it later.

30. Changes to These Terms

We may update these Terms from time to time to reflect changes to:

  • Our website.
  • Our products or services.
  • Our business practices.
  • Applicable laws or regulations.

The latest version will be published on this page with an updated revision date.

Changes will not retrospectively alter the terms of an order that has already been accepted unless required by law or expressly agreed.

31. Governing Law

These Terms and our contractual relationship with you are governed by the laws of Cyprus.

If you are purchasing as a consumer, this choice of law does not deprive you of mandatory consumer protections that apply to you under laws which cannot legally be excluded by agreement.

That qualification is important. Under the EU Rome I Regulation, a business and consumer can choose the applicable law, but that choice cannot deprive the consumer of mandatory protections they would otherwise receive under the law applicable to their consumer contract.

32. Entire Agreement

These Terms, together with the policies expressly incorporated into them and the information applicable to your particular order, form the agreement between you and us concerning your use of the website and your purchase.

Nothing in this section excludes any representation, information or consumer right that applicable law requires to form part of the contract.

33. Contact Us

If you have questions about these Terms, an order or any of our policies, please contact us.

You can also write to:

Emu Sales Ltd
77 Strovolos Avenue
Strovolos Centre, 204
Nicosia 2018
Cyprus

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