By purchasing an item from us on eBay you agree to be bound by these Terms.
2. Grading information and grading definitions
All items sold within our eBay store are categorised into one of five grades. The grade of the item for sale is stated in the item description and condition. The definition of each of the five grades is as follows:
Grade A. The item is cosmetically in good condition. The item is used. There are some signs of usage. Any marks, scratches or other signs of usage will be minor. The item is not retail packaged but will be presented in a polythene product bag.
Grade B. The item is cosmetically in generally good condition. The item is used. There are no major scratches or breaks. There are more usage marks, scratches or other signs of usage than on a grade A item but the item is still generally cosmetically good. The item is not retail packaged but will be presented in a polythene product bag.
Grade C. The item is poorer quality cosmetically though still fully checked and fit for purpose. The item is used. There are no major cracks or breaks. There will be usage marks, scratches or other signs of usage. These will be more than on a grade A or grade B item. The item is not retail packaged but will be presented in a polythene product bag.
New. Items that are sold as new are unused. They may be bulk packaged or retail packaged. Please see item description for specific details of the item. New items may have been handled and/or tested by us but they are un-used.
For Parts. Occasionally an item may be listed that is not functioning as originally intended by the manufacturer. An explanation of the issue will be laid out in the item description. These items are sold as 'For parts or not working' and we do not accept returns based upon the functioning or condition of the item. We will accept remorse returns on these items.
If there is a conflict between the grade stated in the item title, item condition and item description, the grade stated in the item description will take precedence. Any items in the eBay store that have not been categorized with a grade have a detailed description. The definition of the grades A, B, C, New or For Parts in clause 2 of these terms and conditions takes precedence over any definition of those grades in the item description. The grade of an item may be supplemented by specific comments in the item description. Where there is a conflict between the grade definition and specific comments in the item description. the specific comments take precedence over the grade of the item. Some items may have an operator logo.
We reserve the right to:
* update these Terms from time to time and any changes will be notified to you via a suitable announcement on our eBay listing or elsewhere within our eBay store. It is your responsibility to check for such changes. The changes will apply to purchases after we have given such announcement. If you do not wish to accept the new Terms you should not continue with your purchase. If you continue to purchase after the date on which the change comes into effect, your purchase indicates your agreement to be bound by the new Terms; and
* modify or withdraw, temporarily or permanently, any eBay listing and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the eBay listing or its contents.
You warrant that:
* the personal information which you are required to provide when you register with eBay and or PayPal is true, accurate, current and complete in all respects; and
* you are not impersonating any other person or entity
* you will notify us immediately of any changes to the personal information by eBay message
For the purposes of this agreement, we and us are Elms Electricals Online Limited and any references to our eBay store or eBay listings refer to the eBay store and eBay listings of Elms Electricals Online Limited, regardless of username used.
We will treat all your personal information:
* as confidential and will only disclose the same in the circumstances set out below; and
* in accordance with Data Protection legislation from time to time in force in England and Wales.
When you purchase an item from us on eBay we will use information provided by you to eBay or PayPal to complete your order. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office. We will use your personal information for the following purposes:
* processing your order;
* to administer your order;
* for statistical purposes to improve our eBay store and its services to you;
* if you have consented during the eBay registration process, to notify you of products or special offers that may be of interest to you or have subsequently signed up to our newsletter and offers notifications
* if you have consented during the registration process, to disclose to other relevant third parties, who may contact you about their products or services that may be of interest to you.
If you have consented during the registration process, but do not want us to:
* contact you regarding products or services which may be of interest to you; or
* to transfer your data to third parties so that they can contact you about their products and services;
then please write to us at Elms Electricals Online Limited, 29 Brook Road, Urmston, Manchester, M41 5RQ and notify us accordingly.
Subject to your rights of objection, you agree that personal information may be disclosed to reputable third parties who will help process your order.
You should be aware that if we are requested by the police or any other regulatory authority investigating suspected illegal activities to provide your personal information, we are entitled to do so.
6. Protecting Your Security
To ensure that your PayPal account or credit, debit or charge card is not being used without your consent, we will require PayPal to validate your name, address and other personal information supplied by you during the registration or order process against appropriate third party databases. In most circumstances, these checks will have already been carried out by PayPal prior to your purchase.
By accepting these terms and conditions you consent to such checks being made by PayPal. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
The purchase of items from our eBay store may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the eBay store and its use. You agree not to upload or transmit through the our eBay store:
* any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
* any material which is defamatory, offensive or of an obscene character
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of our eBay store or any other person accessing our eBay store using your personal information.
9. Third Party Links
As a convenience to our customers, the eBay store or eBay listings may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by eBay message and you will be fully refunded, and the order will be cancelled. In certain circumstances, and where available, an alternative item may be offered in substitute. Acceptance of such alternative will be subject to your agreement and such agreement will be sought prior to the dispatch of any such substitute. Once agreed, the sending of such substitute will be deemed as fulfillment of your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the eBay store. The conclusion of a contract between you and us will take place when we (i) dispatch the goods to you or commence the services or (ii) refund and cancel the order, whichever is the earlier.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from our eBay store.
11. Cancellation Rights
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days of receipt of the goods or services.
If you do cancel a contract pursuant to this clause 11, then:
* you must notify us in writing by eBay message.
* you must retain possession of the goods or services and ensure that the goods or services are kept in the same condition as they were when they were delivered until such time as the goods or services are delivered back to us by you;
* you must ensure that the goods are returned at the buyers expense;
* you must ensure that the goods are returned within a reasonable time after notifying us of your wish to return the item. This reasonable time will be not more than 7 days after notification unless otherwise agreed
* We will refund any monies you have paid to us via PayPal within 5 working days of the receipt of the returned items
* In some circumstances, and by agreement, we may accept returns notified to us after 14 days of receipt. In such circumstances, we reserve the right to charge an administration fee equal to our original shipping, handling and selling costs for the item. Any refund given will be net of this administration fee.
12. Price and Payment
The item price is displayed in the eBay listing. Any shipping charges applicable will be automatically added during checkout. We reserve the right to change prices at any time without notice to you. If your delivery address is outside of the United Kingdom and the EU, you may be subject to import duties and taxes, which are levied once a delivery reaches your country. Any such additional charges must be borne by you. Please be advised that we cannot send certain prohibited items to addresses outside of the United Kingdom or via Airmail. You should note that customs policies vary widely from country to country. We recommend that you contact your local custom office for information.
Payment must be made by PayPal unless by agreement. Payment will be debited and cleared from your PayPal account before the dispatch of your good or provision of the service to you.
You confirm that the PayPal account or any credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If PayPal or the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
13. Eligibility to Purchase
To be eligible to purchase goods our eBay store and lawfully enter into and form contracts on under English law you must:
* if an individual, be 18 years of age or over; and
* register your real name, address, phone number, e-mail address any other details requested; and
By offering to purchase goods and services you represent to us that you meet these requirements.
14. Intellectual Property
The content of the eBay store is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the eBay store shall remain with us or where applicable, eBay or the original licensors.
You may retrieve and display the content of the eBay store and its items on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print a copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the eBay store.
15. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
* affect or limit your rights as a consumer under English law; or
* will exclude or limit our liability for death or personal injury resulting from our negligence.
The eBay store is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of eBay and any information provided to by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on eBay store is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with eBay. If we are informed of any inaccuracies in the material on the eBay store we will attempt to correct this as soon as we reasonably can.
We will endeavour to ensure that our item descriptions are accurate and up to date. Where our item description is clearly inaccurate or incomplete, we will accept a cancellation pursuant to clause 11 of these terms.
Any issues arising from the supply of items under this agreement must be notified to us by eBay message. Once notified, a reasonable amount of time must be given by you to us to allow us to rectify the issue. This reasonable amount of time shall be not less than 2 working days.
Any issues arising from the supply of items under this agreement must be notified to us prior to you leaving eBay feedback, and you warrant that if a reasonable attempt is made to rectify the issue, positive feedback will be left for us using the eBay feedback system. Such rectification may include the sending of a replacement item, provision of advice or a refund of monies paid. Subject to eBay policies, such positive feedback shall not be withheld unreasonably.
Negative or neutral feedback shall only be left once you have given us a reasonable amount of time to rectify an issue.
In particular, we disclaim all liabilities in connection with the following:
* incompatibility of eBay with any of your equipment, software or telecommunications links
* technical problems including errors or interruptions on eBay
* unsuitability, unreliability or inaccuracy of eBay
* inadequacy of eBay to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the eBay store.
16. Normal working hours
Our normal working hours are Monday to Friday, 09:00 to 14:00. Non-working days include statutory UK bank holidays, company holidays and weekends. Availability of the eBay store for purchasing purposes is generally 24x7 though we may temporarily close the store without notice from time to time. Such closure of the store may be due to planned holidays or due to unforeseen circumstances. In all cases of store closure, we will endeavour to ship all items already ordered in line with our eBay shipping policy. We will endeavour to keep such temporary store closures to a minimum and the store will normally re-open soon after the temporary closure.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
19. Entire Agreement
These Terms form the entire basis form the entire basis of any agreement reached between you and us.
20. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.