These Terms will apply to your use of our site and to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before using our site or ordering any Products from our site. By using our site and by placing an order for Products on our site, you confirm that you accept these Terms and that you agree to comply with them.
We offer Products for sale on our site for purchase by consumer customers only. If you are a business or trade customer and wish to purchase any Products, please contact us at email@example.com before placing any order.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 25th November 2014.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website at www.ecellglobal.com
. We are Ecell Global Limited (trading as Head Case Designs), a company registered in England and Wales under company number 5446826 and with our registered office at C1 Barrow Close, Whitehills Business Park, Blackpool, Lancashire, FY4 5PS. Our VAT number is GB864395193.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3. Use of our site
3.1 Use of our site includes accessing, browsing or registering to use our site. Please read these Terms carefully before you start to use our site, as they will apply to your use of our site.
3.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3.3 Our site is made available free of charge:
(a) the content on our site is provided for general information only. We make reasonable efforts to update the information on our site and may update our site from time to time, and may change the content at any time. However, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date;
(b) we do not guarantee that our site, or any content on it, will be free from errors or omissions; and
(c) we do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
3.4 You may not use our site:
(a) in any way that breaches any applicable law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in clause 15.1;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(f) to knowingly introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of our site or any computer software or hardware. You must not attach our site via a denial-of-service attach or a distributed denial-of-service attack. By breaching this clause you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
3.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
4. How we use your personal information
5. Our contract with you
5.1 By placing an order for Products through our site you warrant that you have legal capacity under applicable law to enter into a binding Contract.
5.2 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.
5.4 We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.5 or because the content you provide in respect of Bespoke Products (as defined in clause 7.2) does not meet our requirements set out in these Terms, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6. Our right to vary these Terms
6.1 We amend these Terms from time to time. Please look at the beginning of these Terms above to see when they were last updated.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. Your consumer right of return and refund
7.1 If you are a consumer in the European Economic Area (EEA), you have a legal right to cancel a Contract, subject to clause 7.2, during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2 The cancellation right provided for in this clause 7 does not apply to Products that are made to order to your specification or are personalised, including without limitation customised mobile phone covers made in accordance with your instructions (Bespoke Products).
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
7.4 To cancel a Contract under this clause 7, you just need to let us know that you have decided to cancel within the relevant timescale set out in clause 7.3. The easiest way to inform us of your decision to cancel your Contract is by cancelling your order through your registered account on our site or by emailing us at email@example.com
. If you inform us of your decision to cancel by email or through your registered account on our site, we will e-mail you to confirm we have received your cancellation. We do not recommend that you inform us of your decision to cancel through any of our online social media accounts, as we cannot guarantee that your request will be seen by our customer service team. If you cancel your Contract, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or through your registered account, then your cancellation is effective from the date you send us the notice. For example, you will have given us notice in time as long as you do so before midnight on the last day of the cancellation period.
7.5 If you cancel your Contract under this clause 7, we will refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. We offer standard delivery (by Royal Mail 1st class post or by standard airmail as applicable) free of charge. Please note that if you choose to have any Products delivered by any enhanced delivery method at an additional cost, you will not receive a refund of the cost of such enhanced delivery.
7.6 We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 7.8; or
(ii) if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.
7.7 We will refund you on the credit card or debit card used by you to pay.
7.8 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can return it to us at C1 Barrow Close, Whitehills Business Park, Blackpool, Lancashire, FY4 5PS;
(b) unless the Product is faulty or not as described (in this case, see clause 8), you will be responsible for the cost of returning the Products to us.
8. Faulty or mis-described Products
8.1 We are under a legal duty to supply Products that are in conformity with your Contract and these Terms.
8.2 As a consumer, you have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by your right of return and refunds set out in clause 7 or anything else in these Terms.
8.3 If you consider that any Product we have supplied is faulty or mis-described, please notify us by email at firstname.lastname@example.org
and include a photograph of the faulty or mis-described Product.
8.4 If any Products you have purchased from us are faulty or mis-described, provided you return such Products to us if requested in accordance with our reasonable instructions we will refund the price of the Products in full, together with any applicable delivery charges, and the reasonable costs you incur in returning the Products to us.
8.5 Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
9.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order) unless we agree otherwise or the delivery address is outside the EEA in which case a later delivery date may apply. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
9.2 If no one is available at your address to take delivery, we will leave you a note that the Products are being held at your nearest postal depot or have been returned to our premises, in which case, please contact us to rearrange delivery.
9.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us in accordance with your instructions and the Products will be your responsibility from that time.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges, and they have been delivered to you.
9.5 If we miss the applicable delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
9.7 If you do choose to cancel your order for late delivery under clause 9.5 or clause 9.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10. international delivery
10.1 We deliver to the UK and to the countries listed in the drop down menu on the checkout page (International Delivery Destinations). Please also check our group homepage www.goheadcase.com to see if we operate a website in your International Delivery Destination.
10.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10.5 Nothing in these Terms shall affect your rights as a consumer under the applicable law in your jurisdiction.
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 All prices are shown in pounds sterling. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product includes charges for standard delivery (see clause 7.5). Our delivery charges are as advised to you during the check-out process, before you confirm your order.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11.6 If you wish to apply a voucher code to your order, please enter the code during the online checkout process. Please note the following rules apply to the use of promotional voucher codes (Codes):
(a) only one Code can be used per order;
(b) additional terms and conditions may apply in respect of the use of Codes; and
(c) we reserve the right to decline to accept any Code that is invalid for the order placed or that has expired.
12. How to pay
12.1 You can only pay for Products using a debit card or credit card, or using PayPal. We accept the following cards: Visa and Mastercard.
12.2 Payment for the Products and all applicable delivery charges is in advance. We will take payment from you in respect of your order for Products when you submit your order through our site.
13. Content standards
13.1 If you have provided us with any content to be used to manufacture your Bespoke Product(s), you warrant that such content will not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(d) infringe any intellectual property rights of any third party;
(e) be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(f) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(g) promote any illegal activity or unlawful act; or
(h) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or anxiety.
13.2 If we determine, in our discretion, that you have breached clause 13.1, we reserve the right to refuse to accept your order, cancel your Contract or take such other action as we deem appropriate.
14. Intellectual property rights
14.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it (including the Head Case logo which is a registered trade mark). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.
14.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
14.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
14.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
14.7 Subject to clause 14.8, all intellectual property rights in our Products shall be owned by us, our licensors or our suppliers (as applicable) and nothing in these Terms grants or shall be deemed to grant to you any right to use these rights other than to the extent necessary for the ordinary use of the Products you have purchased in accordance with these Terms.
14.8 If you have provided us with any content to be used to manufacture your Bespoke Product(s):
(a) you are solely responsible for ensuring the accuracy of such content and we shall not be liable for any fault in your Bespoke Product(s) arising from us using any content supplied by you;
(b) you warrant that you have all rights, licences, consents and permissions required to use such content in this manner;
(c) you (or your licensors) shall retain all of your ownership rights in such content;
(d) you grant to us a limited licence to use, store and copy such content to the extent required in order to manufacture your Bespoke Product(s); and
(e) you shall indemnify us and hold us harmless against all liabilities, costs, expenses, damages and losses suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our use of any such content under this licence.
15. Our liability to you
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel a Contract under this clause 16 please contact us using the details set out in clause 17.3.
17. Communications between us
17.1 When we refer, in these Terms, to "in writing", this will include e-mail.
17.2 If you wish to cancel a Contract in accordance with your legal right to do so under clause 7, please see clause 7.4 for details of how you may notify us of your decision to cancel.
17.3 If you wish to contact us for any other reason, including if you have any complaints, you can contact us by e-mailing us at email@example.com
17.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17.5 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18. Linking to our site and third party links
18.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may also link pages of our website to your personal social media accounts where social media plug-ins are available on our website.
18.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the standards set out in clause 13.1.
18.3 If you wish to make any use of content on our site other than that set above, please contact us at firstname.lastname@example.org
18.4 Our site may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
19. Other important terms
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.