ESD Home

Affordable Interior Design Company

Terms & Conditions

(A) TERMS OF USE

These Terms of Use (together with the documents referred to in them) set out the terms and conditions for our website www.esd-home.co.uk (our, or this, “Site“) and the Interactive Services. Please read these Terms of Use carefully and ensure that You understand them before using our Site.

By using our Site, You confirm that You accept these Terms of Use and that You agree to comply with them and with all applicable Legislation governing the Site and the Interactive Services. If You do not agree to these Terms of Use, You must not use our Site.

These Terms of Use form a legally binding agreement between You and ESD Home in relation to Your use of the Site. If You violate these Terms of Use, ESD Home may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.

The Service Terms comprise these Terms of Use and our Terms of Sale. The Service Terms also incorporate and should be read in conjunction with the ESD Home Privacy Policy and Cookie Policy, all of which shall collectively be referred to as the “ESD Terms“. Unless otherwise indicated, defined terms used in these Terms of Use, the Privacy Policy and the Cookie Policy shall have the meanings given to them in the list at the end of the Terms of Sale.

  1. Accessing Our Site and Site Availability 
    Our Site is made available free of charge for Your non-commercial use on the terms and conditions set out in these Terms of Use. However, You are responsible for making all arrangements necessary for You to have access to our Site.We do not guarantee that our Site, or any content on it or the Interactive Services, will always be available. Access to our Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Site without notice or liability. We will not be liable to You if for any reasons our Site is unavailable at any time or for any period. ESD does not warrant the validity and accuracy of information on the Site, the Interactive Services, third party websites linked to in the Site, or that the Site is kept up-to-date. You acknowledge that the Site is provided to You over the internet and relies on unrelated third parties such as Site hosting providers, network providers etc the activities of which are outside of ESD’s reasonable control. ESD shall use reasonable efforts to ensure that the Site and any information it holds on You are kept secure. However, due to the nature of the internet, ESD does not represent or warrant to You that:
    • Your use of the Site and/ or the Interactive Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any ESD Content, search or link on it;
    • any information obtained or downloaded by You (including via third party website links) will be accurate, reliable or free of viruses or contamination or destructive features;
    • Your shared UGC will not be used by a third party in various ways on or off the Site; and
    • there will not be any defects in the operation or functionality of any software provided to You as part of the Site. You are also responsible for ensuring that all persons who access our Site through Your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
  2. Conditions of Use and ESD User Representations, Warranties and Undertakings 
    Subject to the following express restrictions, 
    ESD grants You permission to access and use the Site. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms of Use on Your part. To the extent applicable to You, You agree:
    • not to sell, license, rent, distribute or otherwise exploit any UGC or ESD Content for any other purposes without the prior written consent of ESD or the respective licensors of the UGC or the ESD Content;
    • not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of the Site, including but not limited to any UGC or ESD Content, in any medium without ESD’s prior written authorisation.
    • not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
    • not to establish a link to our Site in any website that is not owned by You;
    • if establishing a link to our Site in accordance with these Terms of Use, to do so only in a manner that is fair and legal and does not damage our reputation or take advantage of it, and provided that the Site in which You are linking must comply in all respects with our acceptable use standards;
    • not to alter or modify any part of the Site or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    • not to access UGC or ESD Content through any technology or means other than the Site itself or such other means as ESD may explicitly designate for this purpose;
    • not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or features that (i) prevent or restrict use or copying of UGC or ESD Content.
    • not to use any area of the Site for any commercial purposes, except for purchasing Products for personal use as provided for under the Terms of Sale. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site. We reserve the right to block access to this Site with respect to any ESD User who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these Terms of Use, or infringing ESD’s rights;
    • not to use the Site to copy, store, host, transmit, send, use, publish, distribute or knowingly introduce any material which consists of (or is linked to) any spyware, viruses, rojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
    • not to attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
    • not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any ESD User of the Site.
    • not to attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching certain provisions above, You may commit a criminal offence and 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;
    • not to post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for ESD to use or possess in connection with the provision of the Interactive Services; and
    • to keep Your ESD Login details secure and confidential.Further, by using the Site, You warrant, represent and undertake that You:
    • will comply with all applicable Legislation and Codes of Practice;
    • will comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of Your use of the Site;
    • are solely responsible for any breach of Your obligations under the Terms of Use due to Your act, omission, default or Your failure to comply with any of Your obligations under the Terms of Use and for the consequences of any such breach or failure;
    • ensure all information provided to ESD in respect of Yourself (when applying to become a ESD Member or at any time thereafter) and in respect of the Site is true and accurate in all respects;
    • will comply at all times with the Terms of Use; and
    • are legally capable of entering into binding contracts and that You are eighteen (18) years old or above (or if not, that Your actions are led and supervised by a suitable guardian who is eighteen (18) years old or above).We reserve the right to withdraw any linking permission to all ESD Users or on an individual basis without notice. If You wish to make any use of content on our Site other than as permitted above, please contact us via the contact information provided below.
  3. Termination or suspension of Terms or of access to the Site and/or the Interactive Services 
    Each of the applicable ESD Terms shall remain in full force and effect to the extent that a ESD User (whether registered as a ESD Member or not) makes use of the Site unless terminated by You or by ESD in accordance with the ESD Terms. At ESD’s sole discretion and without notice or cause and without prejudice to any other remedies available to ESD, ESD may at any time terminate these Terms of Use with You and/or Your ESD Membership and delete and terminate Your ESD Account, disable Your ESD Login and suspend or terminate Your access to the Site, the Interactive Services and ESD Membership privileges. This includes all ESD Memberships and ESD Accounts associated with You. If this occurs, any orders You have in progress will either be fulfilled or refunded, at ESD’s sole discretion.You acknowledge and agree that to improve the Site and/or the Interactive Services, ESD may stop (permanently or temporarily) providing the Interactive Services (or any features within the Interactive Services) to You generally at ESD’s sole discretion, without prior notice to You. ESD may modify or delete any UGC You have provided if ESD believes that that UGC is inconsistent with the Terms of Use or has violated the rights of ESD or a ESD Member. You are solely responsible for and bear the legal risk associated with such UGC anywhere in the world.You agree that monetary damages may not provide a sufficient remedy to ESD for violations of the Terms of Use and You consent to ESD obtaining injunctive or other equitable relief for such violations.You may cancel Your relationship with ESD at any time by sending an email request to [email protected] with “URGENT – TERMINATION REQUEST” in the subject line. This process will take around forty-eight (48) hours to complete during Working Hours only.
  4. Viruses 
    You are responsible for configuring Your information technology, computer programmes and platform in order to access our Site. You should use Your own virus protection software. We do not guarantee that our Site will be secure or free from bugs or viruses.
  5. No Reliance on Information 
    The content on our Site is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Although we take reasonable steps to ensure the accuracy of the information accessed via and appearing on our Site, we cannot guarantee or give any warranty, whether express or implied, as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by other ESD Users and are merely providing access to such content to You. We have no obligation to verify or moderate the content of such information nor to edit any such information provided by other ESD Users. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and You acknowledge that any reliance on such information will be at Your own risk.
  6. ESD Intellectual Property Rights 
    This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (“ESD Content“) are protected by copyright, trade marks and other Intellectual Property Rights owned by us or licensed to us. ESD Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of ESD or, where applicable.
  7. Limitation of our Liability 
    Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by law. This Site and its content are provided “as is” and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to our Site or any content on it. We will not be liable to any ESD User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Site, or use of or reliance on any content displayed on our Site. In particular, we will not be liable for (i) loss of profits, sales, business, or revenue, (ii) business interruption, (iii) loss of anticipated savings, (iv) loss of business opportunity, goodwill or reputation, or (v) any indirect or consequential loss or damage. Our liability to You whether in contract, tort or otherwise shall be limited to the amount of any payments for Products, or any ESD Fees, made by You to ESD. Except as expressly set out in the Terms of Use, ESD gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
  8. Third Party Links and Resources in Our Site 
    Our Site may contain links to other sites, including via our social media buttons, or produce search results that reference or link to third party content on other websites. While we try to link only to sites that share our high standards, we are not responsible for the content, security, or privacy practices employed by other sites and a link does not constitute an endorsement of the content, viewpoint, accuracy, legality, opinions, policies, products, services, or accessibility of that Site. We cannot guarantee, represent or warrant that the content contained in such websites is in offensive or that they will not contain viruses or otherwise impact Your device. Once You link to another website from our Site You are subject to the terms and conditions of that website, including, but not limited to, its Internet privacy policy and practices. Please check these policies before You submit any personal data to these websites. Links are provided for Your ease of reference only and ESD does not endorse such linked websites or accept any responsibility for the content of such websites. You agree and understand that You may not make any claim against ESD for any damages or losses whatsoever resulting from Your use of the Site to obtain search results or to link to a website. You agree to use third party links at Your sole risk and that neither ESD nor its agents shall have any liability to You for content that may be found to be Inappropriate Content.
  9. Sales through the Site and/or the Interactive Services
    All sales of Products and services made through the Site are subject to the terms and conditions set out in the Terms of Sale. Please read these carefully.
  10. Entire Agreement 
    The ESD Terms taken together constitute the entire agreement between You and ESD in relation to Your use of the Site and supersede any prior representations, inducements or agreements relating to its subject matter. Should the courts strike out as invalid or unenforceable or otherwise alter any part of the ESD Terms, the remaining terms shall remain valid and in force.
  11. Assignment 
    You may not transfer ownership or sell Your ESD Account or Your ESD Membership to a third party. You may not assign, transfer or delegate all or any of Your rights and obligations in relation to the ESD Terms, without ESD’s prior written consent. ESD reserves the right to assign or transfer all or any of its rights and obligations under these Terms of Use to any companies in the same group as ESD or to any other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
  12. No Waiver 
    Failure by either ESD or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
  13. Third Party Rights 
    These Terms of Use do not create any right enforceable by any person who is not a party to it under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) and do not affect any right or remedy that a third party has which exists or is available apart from the Act.
  14. Applicable Law 
    ESD tries to meet the highest standards when providing the Site and the Interactive Services. We take any Complaints we receive about this very seriously. We encourage people to bring any Complaints to our attention and we welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. These Terms of Use, our Terms of Sale, our Privacy Policy, our Cookie Policy and Your use of this Site and any dispute arising out of or in relation to it are governed by English law. You agree that the courts of England will have exclusive jurisdiction to hear any such disputes, with the exception of any disputes under our Terms of Sale. If any provision of these Terms of Use is or becomes invalid or unenforceable then the remaining provisions will not be affected. No waiver by us of any breach of these Terms of Use shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.Words denoting an obligation on a ESD User to do any act, matter or thing includes an obligation to procure that it be done and words placing a ESD User under an obligation or a restriction include an obligation not to permit or allow infringement of the obligation or restriction.
  15. Changes to These Terms of Use 
    We reserve the right to amend these Terms of Use at any time without notice by posting the amended terms on this Site. All amended terms will automatically take effect immediately on posting. Please check these Terms of Use periodically to inform Yourself of any changes. Your continued use of any portion of the Site following the posting of the updated Terms of Use will constitute Your acceptance of the changes.
  16. Contacting Us 
    If You have any questions about these Terms of Use, please contact us at [email protected]

(B) TERMS OF SALE

These Terms of Sale (together with the documents referred to in them) set out the terms and conditions on which Third Party Retailers supply goods and services to You (“You” and “Your“) through ESD Home (“ESD”, “we“, “us“, “our“)’s website www.esd-home.co.uk (our, or this, “Site“)

Please read these Terms of Sale carefully and ensure that You understand them before You submit Your order to us. These Terms of Sale tell You who we are, how products and services will be provided to You, what to do if there is a problem and other important information. If You think that there is a mistake in these Terms of Sale, please contact us to discuss.

The Service Terms comprise these Terms of Sale and our Terms of Use. The Service Terms also incorporate and should be read in conjunction with the ESD Privacy Policy and Cookie Policy, all of which shall collectively be referred to as the “ESD Terms“. Unless otherwise indicated, defined terms used in the Terms of Use, the Privacy Policy and the Cookie Policy shall have the meanings given to them in these Terms of Sale.

  1. Information About Us
    1. Who we are. We are ESD Home
    2. How to contact us. You can contact us by telephoning our team at 07583 963348 or by writing to us at [email protected].
    3. How we may contact You. If we have to contact You we will do so by telephone or by writing to You at the email address or postal address You provided to us in Your order.
    4. “Writing” includes emails. When we use the words “writing” or “written” in these Terms of Sale, this includes emails.
  2. Placing orders
    1. Your contract for products.When You click a link to buy a product on our Site or via the Interactive Services, there are three options:
      1. You may be directed to the website of the relevant Third Party Retailer and asked to enter Your order and payment details directly with them. Any product You order in such a manner shall be referred to in these Terms of Sale as a “Direct Click Product“, When purchasing a Direct Click Product, You will enter into a contract with the relevant Third Party Retailer directly, via a website other than the Site, and subject to that Third Party Retailer’s terms. We will have no further involvement with, or liability in respect of, this order and we give no undertakings, representations, warranties or statutory terms relating to the fitness and quality of any Direct Click Products, which are given by the relevant Third Party Retailers to You, and not by ESD to You. Your only recourse in the event of any dispute over the quality or use of any Direct Click Product is through the relevant Third Party Retailer and not through ESD. The majority of these Terms of Sale do not apply to orders for Direct Click Products; or
      2. You may be able to place an order with a Third Party Retailer through us, by entering Your order and payment details onto, and checkout using, our Site. This means that we buy the Product on Your behalf from the Third Party Retailer who sells that particular Product, through our shopping service and subject to these Terms of Sale. Where You are placing an order with a Third Party Retailer through us, we will make this clear to You on the Site before Your purchase of the Product. In these cases, ESD offers the Products for sale through the Site as an agent of the relevant Third Party Retailer, on that Third Party Retailer’s terms and conditions. Consequently, when ESD collects money in relation to the Products it does so as agent for the relevant Third Party Retailer; or
      3. You may be able to purchase a Product directly from ESD, in which case You are entering into a contract for purchase of the Product directly with us which will be subject to these Terms of Sale. Consequently, when ESD collects money in relation to the Products it does so on its own account. If You purchase Products using the Site or the Interactive Services from a Third Party Retailer either directly or with ESD as Your agent (options a and b above), then Your contract for the purchase of those Products is made between You and the relevant Third Party Retailers and not ESD. It is the relevant Third Party Retailer that will be selling You each Product. Details of which Third Party Retailer is responsible for supplying You with each Product, and the relevant terms applicable to Your Product purchase from that Third Party Retailer, are available on the Product page, at the checkout and in the acceptance email You may receive after placing an order. The Products are in the ownership, title, possession, and control of the relevant Third Party Retailers. Any dispute in relation to the Products will be between You and the relevant Third Party Retailers, not ESD. The Products are in the ownership, title, possession, and control of the relevant Third Party Retailers. Any dispute in relation to the Products will be between You and the relevant Third Party Retailers, not Us. If You purchase Products using the Site or the Interactive Services from ESD directly (option c above), then Your contract for the purchase of those Products is made between You and ESD and it is ESD that will be selling You each Product on the relevant terms set out in these Terms of Sale. Any dispute in relation to the Products will be between You and ESD.We will make it clear to You upon each Product purchase whether You are buying that Product from a Third Party Retailer or from ESD.
    2. Your contract for ESD Interior Design Services. Your contract for ESD Interior Design Services will be between You and ESD. ESD provides the ESD Interior Design Services on its own behalf, subject to the terms set out in this Site. Consequently, when ESD collects money in relation to the ESD Interior Design Services it does so on its own behalf.
    3. How Your order will be accepted. Acceptance of Your order for Products or ESD Interior Design Services will take place when we email You to accept it, at which point a contract will come into existence. If You are purchasing Products from a Third Party Retailer using the Site or the Interactive Services (options 2.1a or 2.1b above), then the email from us to You accepting Your order is sent on behalf of the Third Party Retailer and the contract for the supply of these will be between You and them. If You are purchasing Products from ESD directly (option 2.1c above) or are purchasing ESD Interior Design Services, then our email to You accepting Your order is sent on our own behalf and the contract for the supply of these will be between You and us.
    4. If we cannot accept Your order. If we or the relevant Third Party Retailer (as applicable) are unable to accept all or part of Your order, we will inform You of this in writing and You will not be charged for the any Product or ESD Interior Design Service that we are unable to accept Your order for (but You will still be charged for any Product or ESD Interior Design Services that we are able to accept Your order for). We or the relevant Third Party Retailer might be unable to accept all or part of Your order because the Product has been discontinued, is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or the ESD Interior Design Services or because the relevant Third Party Retailer is unable to meet a delivery deadline You have specified.
    5. Your order number. We will assign an order number to Your order and tell You what it is when we send You the email accepting Your order. It will help us if You can tell us or any relevant Third Party Retailer the order number whenever You contact us or them about Your order.
    6. We only sell to the UK. Our Site is solely for the provision of the Products, ESD Interior Design Services in the UK and Channel Islands and we will only accept orders for Products for delivery in the UK and Channel Islands. Unfortunately, neither we nor any Third Party Retailer deliver to addresses outside the UK and Channel Islands.
  3. The Products and ESD Interior Design Services
    1. Products may vary slightly from their pictures. The images of the Products and sample ESD Mood Boards on our Site are for illustrative purposes only and are just examples. Although we have made every effort to display the colours accurately on the Site, there is no guarantee that a device’s display of the colours on the Site accurately reflects the colour of the Products. Your Product may vary slightly from those images. Your ESD Mood Board will vary depending on the criteria You set out in Your ESD Brief.
    2. Product packaging may vary. The packaging of each Product may vary from that shown in images on our Site.
    3. Making sure Your measurements are accurate. You are responsible for ensuring that any measurements You give us are correct. You can find information and tips on how to measure by contacting us.
    4. All ESD Mood Boards and other materials created wholly or partially by or on behalf of ESD in connection with or arising from the provision of the ESD Interior Design Services (“ESD Materials”) are protected by copyright, trade marks and other Intellectual Property Rights owned by us or licensed to us. You agree that all ESD Materials and all materials embodying them are our sole and exclusive property to the fullest extent permitted by law. To the extent that any ESD Materials do not vest automatically with us You assign to us (including in so far as is possible by way of present assignment of future rights) with full title guarantee any right, title and interest You may have in and to the ESD Materials.
    5. ESD Materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of ESD or, where applicable, ESD licensors. ESD and its licensors reserve all rights not expressly granted in and to the ESD Materials.
  4. Your Rights to Make Changes If You wish to make a change to the Product or ESD Interior Design Service You have ordered please contact us. We will let You know if the change is possible and where necessary check this with the relevant Third Party Retailer (if applicable). If it is possible we will let You know about any changes to the price of the Product or ESD Interior Design Service, the timing of supply or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to You, You may want to end the contract (see Your rights to end the contract).
  5. Our Rights to Make Changes
    1. Minor changes. We or the relevant Third Party Retailer (if applicable) may change the Products or ESD Interior Design Services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect Your use of the Product or ESD Interior Design Services.
    2. More significant changes. In addition, we may make more significant changes to these Terms of Sale or to the Products or ESD Interior Design Services, including by proposing alternative Products where a Product You have ordered is unavailable, but if we do so we will notify You and You may then contact us to end the contract or Your purchase of a particular item under the contract, before the changes take effect and receive a refund for any Products, ESD Mood Boards or ESD Interior Design Services paid for but not received. If the change is in relation to Products purchased from a Third Party Retailer using the Site or the Interactive Services (options 2.1a or 2.1b above), then when You contact us, we will contact the relevant Third Party Retailer on Your behalf to arrange to end Your contract with them, if You request this.
  6. Providing the Products and ESD Interior Design Services
    1. Delivery costs. The costs of delivery will be as advised to You during the order process. Where You have purchased Products from a Third Party Retailer using the Site or the Interactive Services (option 2.1b above), then we will arrange for the relevant Third Party Retailer to deliver Products directly to You, and please see the relevant Third Party Retailer’s terms for more detail on the applicable delivery policies. Where You have purchased Products from ESD directly (option 2.1c above), then the costs of delivery will be as displayed on the Site or the Interactive Services, as applicable. Please note that additional delivery charges may apply when delivering to certain postcodes, but we will notify You of any additional charges before confirming Your order.
    2. When the Products and ESD Interior Design Services will be provided
      1. Products. Where You have purchased Products from a Third Party Retailer using the Site or the Interactive Services (options 2.1a or 2.1b above), then we will arrange for the relevant Third Party Retailer to deliver the Products to You. Alternatively, where You have purchased Products from ESD directly (option 2.1c above), then we will deliver the Products to You ourselves. The estimated delivery date for the Products will be as told to You during the order process and by email and may vary depending on the Product or the Third Party Retailer (as applicable). Where applicable, please see the relevant Third Party Retailer’s terms for more detail on the relevant delivery policies.
      2. ESD Interior Design Services. We will provide the ESD Interior Design Service by email to the address You provided to us when placing the order within fourteen (14) Business Days of our acceptance of Your order (or five (5) Business Days if You select the express option when checking out). These timescales assume that You have given us all the information we require in order to provide the ESD Interior Design Services: please see clause 6.4 below for what happens where You have not given us all such information. You may ask us follow-up questions about the ESD Interior Design Service that we have provided to You free of charge within two (2) weeks of the date on which it was provided to You, but after this time additional questions related to design will be deemed to be ESD Interior Design Services and will incur a charge.
    3. We are not responsible for delays outside our control. If the supply of the Products or ESD Interior Design Services is delayed by an event outside our control (including by a Third Party Retailer) then we will contact You as soon as possible to let You know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by such event, but if there is a risk of substantial delay You may contact us to end the contract. You will receive a refund for any ESD Interior Design Services, or any Products ordered directly from ESD (option 2.1c above) that You have paid for but not received. Where Your order was for Products from a Third Party Retailer using the Site or the Interactive Services (options 2.1a or 2.1b above), then we will contact the Third Party Retailer on Your behalf to end the contract if You instruct us to do so. Please refer to that Third Party Retailer’s terms for Your refund rights in relation to such Products.
    4. Delivery and Ownership of Products ordered directly from ESD In relation to any Products that You have ordered directly from ESD (option 2.1c above) (please note that the following will not apply to any Products ordered from a Third Party Retailer using the Site or the Interactive Services under options 2.1a or 2.1b above, as that Third Party Retailer’s terms in relation to delivery, collection and ownership will apply instead):
      1. If You are not at home when the Product is delivered. If no one is available at Your address to take delivery and the Products cannot be posted through Your letterbox, we will contact you to rearrange delivery. We may charge You for the costs of a re-arranged delivery.
      2. If You want to cancel Your delivery. Please let us know at least 48 hours before the start of Your delivery slot if You wish to cancel a delivery You have arranged with us.
      3. If You do not re-arrange delivery. If you do not re-arrange delivery we will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact You or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
      4. When You become responsible for the Products. A Product ordered directly from ESD under option 2.1c above under will be Your responsibility from the time we deliver the Product to the address You gave us.
      5. When You own Products. You own a Product ordered directly from ESD under option 2.1c above once we have received payment in full.
    5. What will happen if You do not give required information to us. We may need certain information from You so that we can supply Products or ESD Interior Design Services to You, for example, Your dimensions or preferred style. If so, this will have been stated in the description of the Products or ESD Interior Design Services on our Site. If You do not give us this information when placing an order, we will contact You to ask for it. If You do not give us this information within a reasonable time of us asking for it, or if You give us incomplete or incorrect information, we may either end the contract (and ) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products or ESD Interior Design Services late or not supplying any part of them if this is caused by You not giving us the information we need within a reasonable time of us asking for it. clause 9.2 will apply
    6. Reasons we may suspend the supply of Products to You where You have ordered them directly from ESD. Where You have purchased Products from ESD directly (option 2.1c above), we may have to suspend the supply of a Product to:
      1. deal with technical problems or make minor technical changes;
      2. update the Product to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the Product as requested by You or notified by us to You (see clause 5).
    7. Your rights if we suspend the supply of Products Where You have purchased Products from ESD directly (option 2.1c above), we will contact You in advance to tell You if we will be suspending supply of a Product, unless the problem is urgent. If we have to suspend the supply of a Product we will adjust the price so that You do not pay for the Product while it is suspended. You may contact us to end the contract for a Product if we suspend it, or tell You we are going to suspend it, in each case for a period of more than [ ] and we will refund any sums You have paid in advance for the product in respect of the period after You end the contract.
  7. Your rights to end the contract
    1. Your rights to end a contract for Products purchased from a Third Party Retailer. Where You have purchased Products from Third Party Retailers through ESD (options 2.1a or b above), Your contract for Products is between You and the relevant Third Party Retailer. If You wish to end a contract for such Products You must contact us and we will speak to the Third Party Retailer on Your behalf. However, Your rights in relation to ending the contract will depend on the terms of Your contract with them.
    2. You can always end Your contract with us. Where You have purchased Products from ESD directly (option 2.1c above), or have purchased ESD Interior Design Services from us, Your rights will depend on what You have bought, whether there is anything wrong, how we are performing and when You decide to end the contract:
      1. If what You have bought is faulty or misdescribed You may have a legal right to end the contract for the Products or ESD Interior Design Services (or to get replacement Products or ESD Interior Design Services or some or all of Your money back), ;see clause 10
      2. If You want to end the contract for Products or ESD Interior Design Services because of something we have done or have told You we are going to do, ;see clause 7.3 
      3. If You have just changed Your mind about the Products or ESD Interior Design Services, . You may be able to get a refund if You are within the cooling-off period, but this may be subject to deductions; see clause 7.4
      4. In all other cases (if we are not at fault and there is no right to change Your mind), .see clause 7.7 
    3. Ending the contract for Products or ESD Interior Design Services because of something we have done or are going to do If You are ending a contract for (i) Products purchased from ESD directly (option 2.1c above) or (ii) ESD Interior Design Services, in each case for a reason set out at (a) to (d) below, the contract will end immediately and we will refund You in full for any Products or ESD Interior Design Services which have not been provided and You may also be entitled to compensation. The reasons are:
      1. we have told You about an upcoming change to the Products or ESD Interior Design Services or these Terms of Sale which You do not agree to ();see clause 5.2
      2. we have told You about an error in the price or description of the Products or ESD Interior Design Service You have ordered and You do not wish to proceed;
      3. there is a risk that supply of the Products or ESD Interior Design Services may be significantly delayed because of events outside our control; or
      4. You have a legal right to end the contract for Products or ESD Interior Design Services because of something we have done wrong.
    4. Exercising Your right to change Your mind (Consumer Contracts Regulations 2013). For most items bought online You have a legal right to change Your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, may apply to Your contract with us for Products purchased directly from us under option 2.1c above or ESD Interior Design Services and are explained in more detail in these Terms of Sale. For Your right to change Your mind in respect of Products purchased from Third Party Retailers under options 2.1a or 2.1b above, please see the relevant Third Party Retailer’s terms of sale. If You change Your mind about a Product purchased from a Third Party Retailer under options 2.1a or 2.1b above, please contact us and if possible we will arrange this with the relevant Third Party Retailer on Your behalf.
    5. When You don’t have the right to change Your mind:
      1. in relation to ESD Interior Design Services You do not have a right to change Your mind in respect of services, including ESD Interior Design Services, once these have been completed, even if the cancellation period is still running.
      2. in relation to Products purchased directly from us under option 2.1c above: You may not have a right to change Your mind in respect of Products that are made to Your specifications or are clearly personalised. Please contact us for information as to whether You have the right to change Your mind in relation to Your particular order.
      3. in relation to Products purchased from Third Party Retailers under options 2.1a or 2.1b above: Your rights to change Your mind in relation to Products will be governed by Your contract with the relevant Third Party Retailer. For full details, please see that Third Party Retailer’s returns policy. Please note that You may not have a right to change Your mind in respect of all Products.
    6. How long do I have to change my mind? How long You have depends on what You have ordered and how it is delivered.
      1. For ESD Interior Design Services: You have 14 days after the day we email You to confirm we accept Your order. However, once we have completed the relevant services You cannot change Your mind, even if the period is still running. If You cancel after we have started the services, You must pay us for the services provided up until the time You tell us that You have changed Your mind.
      2. For Products purchased directly from us under option 2.1c above: You have 14 days after the day You (or someone You nominate) receives the Products, unless Your Products are split into several deliveries over different days, in which case You have until 14 days after the day You (or someone You nominate) receives the last delivery to change Your mind about the Products.
      3. For Products purchased from a Third Party Retailer under options 2.1a and 2.1b above: please see the relevant Third Party Retailer’s returns policy.
    7. Ending Your contract for Products purchased from us or for ESD Interior Design Services where we are not at fault and there is no right to change Your mind. For contracts for Products purchased directly from us under option 2.1c above or for ESD Interior Design Services, even if we are not at fault and You do not have a right to change Your mind (see clause 7.1), You can still end the contract before it is completed, but You may have to pay us compensation. A contract for ESD Interior Design Services is completed when we have finished providing the ESD Interior Design Services, delivered the relevant ESD Mood Board to You and You have paid for them. A contract for Products ordered directly from us under option 2.1c above is completed when the Product is delivered and paid for. If You want to end a contract for Products ordered directly from us under option 2.1c above or for ESD Interior Design Services before it is completed where we are not at fault and You have not changed Your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by You for Products or ESD Interior Design Services not provided, but we may deduct from that refund (or, if You have not made an advance payment, charge You) reasonable compensation for the net costs we will incur as a result of Your ending the contract.
  8. How to end Your contract (including if You have changed Your mind)
    1. Tell us You want to end the contract. To end Your contract with us for ESD Interior Design Services, or Your contract for Products (either with us or with the relevant Third Party Retailer), please let us know by doing one of the following:
      1. Phone or email. Contact us on 07583 763348 or by email at [email protected]. Please provide Your name, home address, details of the order and, where available, Your phone number and email address.
      2. Online. Complete the Exchange & Return form on our Site.Where Your contract is with a Third Party Retailer, we will do our best to arrange to end the contract on Your behalf. However, in the event of any dispute, You will need to deal with the Third Party Retailer directly.
    2. Returning Products for a refund after changing Your mind or otherwise ending the contract.
      1. Where You have purchased Products from a Third Party Retailer under options 2.1a or 2.1b above: if You end Your contract with the relevant Third Party Retailer for any reason (including exercising Your right to change Your mind about Products) after the Products have been dispatched to You or You have received them and You want a refund, You must contact us so that we can organise this with the Third Party Retailer and process any refund due to You. In order to return Products, You must follow that Third Party Retailer’s return procedures, which will be given to You in Your order confirmation. If You are unsure of which address to use in order to return items, or have any questions about returns, please contact us at [email protected] so that we can help You; or
      2. Where You have purchased Products directly from us under option 2.1c above: if You end the contract for any reason after You have received the Products, You must return them. You must post the Products back at the address specified in your returns instructions or allow us to collect them from You. Please email us at [email protected] in order to arrange for a return and refund. If You are exercising Your right to change Your mind You must send off the Products as instructed within 14 days of telling us You wish to end the contract.
    3. Returning Products when You want an exchange. If You want to arrange an exchange, please email us at [email protected].
    4. When we will cover the costs of return. In respect of Products ordered from a Third Party Retailer under options 2.1a or 2.1b above, this will be as set out in the relevant Third Party Retailer’s contract with You. In respect of Products ordered directly from us under option 2.1c above, we will pay the costs of return: (i) if the Products are faulty or misdescribed; or (ii) if You are ending the contract because we have told You of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because You have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where You are exercising Your right to change Your mind) You must pay the costs of return. There will be no costs of return in respect of ESD Interior Design Services. For details of our current return and delivery charges, please see [LINK].
    5. What we charge for collection. If You are responsible for the costs of return of a Product ordered from us under option 2.1c above and if we are collecting the Product from You, we will charge You the direct cost to us of collection.
    6. How we will refund You. We will refund You the price You paid including any delivery costs, by the method You used for payment. However, we may make deductions from the price (including on behalf of the relevant Third Party Retailer where applicable), as described below.
    7. Deductions from refunds if You are exercising Your right to change Your mind. If You are exercising Your right to change Your mind:
      1. We may reduce Your refund of the price: (i) to reflect any reduction in the value of a Product, if this has been caused by Your handling it in a way that would not be permitted in a shop. If we refund You the price paid before we are able to inspect the relevant Products and later discover You have handled them in an unacceptable way, You must pay us an appropriate amount; or (ii) where relevant, in accordance with the terms of Your contract with the relevant Third Party Retailer.
      2. The maximum refund for delivery costs will be the costs of delivery by the least expensive applicable delivery method offered.
      3. For ESD Interior Design Services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when You told us You had changed Your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    8. When Your refund will be made. We will make any refunds due to You as soon as possible. If You are exercising Your right to change Your mind then:
      1. Your refund for a Product ordered from a Third Party Retailer using the Site or the Interactive Services under option 2.1b above will be made in accordance with the terms of Your contract with that Third Party Retailer. For information about how to return a Product, see clauses 8.2 and 8.3.
      2. Your refund for Products will be made within 14 days from 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. Alternatively, if we have offered to collect the Products from You, Your refund will be made within 14 days of Your telling us You have changed Your mind. For information about how to return a Product, see clauses 8.2 and 8.3.
      3. Your refund for ESD Interior Design Services will be made within 14 days of Your telling us You have changed Your mind.
  9. Our rights to end the contract
    1. We may end the contract if You break it. We may end the contract for ESD Interior Design Services or for Products ordered directly from ESD (option 2.1c above) at any time by writing to You if:
      1. You do not make any payment to us when it is due and You still do not make payment within 14 days of us reminding You that payment is due;
      2. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the ESD Interior Design Services; or
      3. where applicable, You do not, within a reasonable time, allow us to deliver the Products to You or collect them from us.Third Party Retailers’ rights to end their contract with You for Products You have ordered from them under options 2.1a and 2.1b above are as set out in that contract.
    2. You must compensate us if You break Your contract for ESD Interior Design Services or for Products ordered directly from ESD (option 2.1c above). If we end Your contract for ESD Interior Design Services or for Products ordered directly from ESD (option 2.1c above) in the situations set out in clause 9.1, we will refund any money You have paid in advance for Products or ESD Interior Design Services we have not provided, but we may deduct or charge You reasonable compensation for the net costs we will incur as a result of Your breaking the contract. Third Party Retailers’ rights to charge You compensation under their contract with You for Products are as set out in that contract.
    3. We may withdraw the product. We may write to You to let You know that we, or the relevant Third Party Retailer are going to stop providing the Product or ESD Interior Design Service. We will let You know at least 14 days in advance of the stopping of the supply of the Product or ESD Interior Design Service and will refund any sums You have paid in advance for Products, ESD Mood Boards or ESD Interior Design Services that will not be provided.
  10. If there is a problem with the Product or ESD Interior Design Service
    1. How to tell us about problems. If You have any questions or complaints about a Product, ESD Mood Board or ESD Interior Design Service, please contact us as Your first point of contact, at the details set out at “How to contact us”. We may direct You to the relevant Third Party Retailer where appropriate.
    2. Your legal rights. Nothing in these Terms of Sale will affect Your legal rights. Any undertakings, representations, warranties or statutory terms relating to the fitness and quality of Products ordered from Third Party Retailers under options 2.1a and 2.1b above are given by the relevant Third Party Retailers to You, and not by ESD to You. Your ultimate recourse in the event of any dispute over the quality or use of such Products is through the relevant Third Party Retailer. However, responsibility for the  Interior Design Services and for Products ordered directly from ESD under option 2.1c above is with ESD and Your recourse in these cases is through us, as we are under a legal duty to supply Products and services that are in conformity with these Terms of Sale.
    3. Your obligation to return rejected Products and ESD Mood Boards. If You wish to exercise Your legal rights to reject Products:
      1. ordered from a Third Party Retailer under options 2.1a or 2.1b above because they are faulty, these rights shall be governed by the terms of Your contract with the relevant Third Party Retailer. You must follow that Third Party Retailer’s return procedures, which will be given to You in Your order confirmation and post the Products back to the relevant Third Party Retailer.
      2. ordered directly from us under option 2.1c above because they are faulty, then You must either post the Products back to us at the address specified on the returns instructions provided by us or allow us to collect them from You. Please email us at [email protected] in order to arrange for a return, exchange or collection. Please do try to let us know of any damage to, or fault with, a Product ordered from us within 48 hours of receipt so that we can look into it as soon as possible.If You are unsure of which address to use in order to return items, or have any questions about returns, please contact us at the details set out at “How to contact us” so that we can help You.
    4. An ESD Interior Design Service will not be considered to be faulty or not in conformity with Your contract simply because You do not like or want any item or recommendation in Your ESD Interior Design Services or ESD Mood Board
  11. Price and payment
    1. Where to find the price for the Product or ESD Interior Design Services. The price of the Product or ESD Interior Design Service (which includes any applicable VAT) will be the price indicated on the order pages when You place Your order. The ESD Fees for ESD Interior Design Services can be found here. We take all reasonable care to ensure that the price of the Product or ESD Interior Design Service advised to You is correct. However please see clause 11.3 for what happens if we discover an error in the price of the Product or ESD Interior Design Service You order.
    2. Price increases. We reserve the right to change the ESD Fees and Product prices displayed on the Site from time to time (including by increasing them). If the price of a Product or an ESD Interior Design Service changes between date on which You place Your order and the date on which we accept Your order for that Product or ESD Interior Design Service, we will notify You and You may then contact us to end the contract for that Product or ESD Interior Design Service before the changes take effect. If You do so in relation to a Product that You are ordering through a Third Party Retailer under options 2.1a or 2.1b above, then we will notify the Third Party Retailer on Your behalf that You wish to end Your contract for that Product with them. If You have already paid for the ESD Interior Design Service or for a Product that You have ordered from us under option 2.1c above in full before the change in price takes effect, then we will not charge You for any increase. If You have already paid for a Product that You are ordering from a Third Party Retailer under options 2.1a or 2.1b above in full before the change in price takes effect, then You should consult the relevant Third Party Retailer’s terms for Your rights.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products or ESD Interior Design Services we sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the Product or ESD Interior Design Service’s correct price at Your order date is less than our stated price at Your order date, we will charge the lower amount. If the Product or ESD Interior Design Service’s correct price at Your order date is higher than the price stated to You, we will contact You for Your instructions before we (or the Third Party Retailer, where applicable) accept Your order. If we accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, we may end the contract, refund You any sums You have paid and require the return of any Products or ESD Interior Design Services provided to You.
    4. When You must pay and how You must pay. We accept payment by PayPal and Stripe Payments. You must pay the full price for Products and/or the full ESD Fees for ESD Interior Design Services upon placing Your order. We will charge You using the details You enter upon checkout.
    5. What to do if You think an invoice is wrong. If You think any invoice You receive is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge You interest on correctly invoiced sums from the original due date. If the invoice is in relation to Products ordered from a Third Party Retailer under options 2.1a or 2.1b above, then we may refer You to the relevant Third Party Retailer.
  12. Our responsibility for loss or damage suffered by You
    1. We are responsible to You for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Sale, we are responsible for loss or damage You suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and You knew it might happen, for example, if You discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of Your legal rights including the right to receive services which are: as described and match information we provided to You and any sample or model seen or examined by You; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
    3. We are not liable for business losses or delays in delivery. We only supply the products for domestic and private use. If You use the Products or ESD Interior Design Services for any commercial, business or re-sale purpose we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable to You for any delays in an item being delivered to You.
    4. Third Party Retailers’ responsibilities for loss or damage. We are not responsible under any contract You may have with Third Party Retailers. Third Party Retailers, not ESD, have the legal responsibilities in relation to Products that You order from them under options 2.1a and 2.1b above, which responsibilities will be as set out in Your contract with the relevant Third Party Retailers.
  13. How we may use Your Data
    1. Our Privacy and Cookie Policies set out how we will use Your Data, which we will always do in accordance with Data Protection Legislation. Please read them carefully.
  14. Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Sale to another organisation.
    2. You need our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under these Terms of Sale to another person if we agree to this in writing. We will not unreasonably withhold our agreement.
    3. Nobody else has any rights under this contract. This contract is between You and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms of Sale.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these Terms of Sale, or if we delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date. For example, if You miss a payment and we do not chase You but we continue to provide the Products or ESD Interior Design Services, we can still require You to make the payment at a later date.
    6. Which laws apply to this contract and where You may bring legal proceedings. These Terms of Sale are governed by English law and You can bring legal proceedings in respect of these Terms of Sale exclusively in the English courts; with the sole exceptions that:
      1. if You live in Scotland You can bring legal proceedings in respect of the products in either the Scottish or the English courts; or
      2. if You live in Northern Ireland You can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    7. Alternative dispute resolution. Please note that disputes relating to these Terms of Sale may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
  15. Defined Terms
    1. In the ESD Terms (except where the context otherwise requires) the following terms shall have the following meanings:
      1. Business Day: any day (other than a Saturday or Sunday) when banks are generally open for normal business in the UK.
      2. Codes of Practice: refers to all legal and regulatory codes (including for these purposes ancillary rules of procedure, guidance notes, directions, policies and advice) published by regulatory authorities or other industry professional bodies including without limitation the Advertising Standards Authority (specifically, the 12th edition of the UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code)), Trading Standards, the Office of Fair Trading, the Direct Marketing Association, the Information Commissioners Office, DBERR and other trade bodies, to be construed as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof.
      3. Complaint: means any dissatisfaction expressed by a ESD Member as against ESD in connection with the provision of the Interactive Services.
      4. Data: shall mean for the purposes of the ESD Terms ‘Personal Data’ as defined in the Data Protection Legislation.
      5. Data Protection Legislation: means the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and the EU General Data Protection Regulation 2016/679 and all national implementing laws thereof; together with all other applicable laws and regulations relating to privacy or data protection, including where applicable the guidance and codes of practice issued by the Information Commissioner; as each of the same may be amended, repealed or replaced with equivalent laws, regulations, guidance or codes from time to time. The terms “Personal Data”, “Data Subject”, “Data Controller”, “Data Processor” and “Process” (and their derivatives) shall have the meanings given to them in Data Protection Legislation.
      6. Inappropriate Content: means any material of any nature which is or which contains material which: (a) is in contravention of any law, statute, regulation, directive and/or subordinate legislation; and/or (b) is defamatory, libellous, obscene, unlawful or which would, if published, be in contempt of court; and/or (c) material which infringes the Intellectual Property Rights of a third party; and/or (d) is a virus.
      7. Intellectual Property Rights: database rights, patents, user interface rights, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights which subsist or will subsist now or in the future, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
      8. Interactive Services: refers to the interactive services available through the Site as listed under “Accessing the Interactive Services” above and as may be amended from time to time without notice at ESD’s sole discretion.
      9. Legislation: all applicable laws, Acts of Parliament, Regulations and Treaties and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such a law, Act Regulation or Treaty or otherwise having the force of law and relevant to the ESD Terms (including where applicable, technologically neutral legislation) including but not limited to the Electronic Commerce (EC Directive) Regulations 2002; the Provision of Services Regulations (2009); Consumer Protection (Distance Selling) Regulations 2000; the Unfair Terms in Consumer Contracts Regulations 1999; the Consumer Protection from Unfair Trading Regulations (2008); the Business Protection from Misleading Marketing Regulations (2008) and laws of contempt of court, obscenity, racial hatred and defamation (to be construed as including references to any amendment, modification, consolidation or re-enactment for the time being in force).
      10. Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
      11. ESD Account: means the secure account created upon registration from where a ESD Member can access the Site and the Interactive Services via their ESD Login.
      12. ESD Brief: means the brief You submit to ESD using the Interactive Services, setting out Your requirements for use in the creation of Your ESD Mood Board.
      13. ESD eStore: means the online store on the Site through which Products. Direct Click Products and ESD Interior Design Services may be purchased and to which embedded links in an ESD Mood Board may be directed.
      14. ESD Fees: refers to the fees charged by ESD in respect of the ESD Interior Design Services as referred to at clause 11.
      15. ESD Interior Design Services: the services provided by ESD for the design of an ESD Mood Board in line with the relevant ESD Brief, or such other design services as are agreed between You and us, to be sent to the ESD Member by email which may include (at ESD’s discretion) researching and collating various options and recommendations for incorporation into the ESD Mood Board and taking part in discussions and advising in respect of the ESD Mood Board via telephone or skype as can be arranged in advance between You and the ESD Member.
      16. ESD Login: refers to the username and unique password a registered ESD Member uses to access their ESD Account.
      17. ESD Member(s): refers to a registered user who has valid ESD Membership who is likely to be a parent, guardian, carer or other responsible adult.
      18. ESD Membership: refers to the membership required to access the Site and to avail of the Interactive Services generally.
      19. ESD Mood Board: refers to the designs we create for You in line with Your ESD Brief (as part of our “mini makeover”, “complete design experience” or “snap & source” services, as applicable) which includes various options and recommendations put together by our expert interior designers and which may include links to where the Products may be purchased through the ESD eStore.
      20. ESD Portfolio Items: refers to the material and information stored in, and accessible in, Your ESD Account including but not limited to Your ESD Brief(s) and ESD Mood Board(s).
      21. ESD Registration Form: refers to the registration form required to be filled in by a ESD User to complete ESD Membership.
      22. ESD User: includes anyone who uses the Site (whether registered or not) including a ESD Visitor and an ESD Member.
      23. ESD Visitor: refers to the person who visits the Site but does not progress to verification and registration for ESD Membership.
      24. Product: refers to a product available for purchase from Third Party Retailers via the ESD eStore and for the avoidance of doubt excludes Direct Click Products.
      25. Product Details: refers to the details pertaining to the Product.
      26. Third Party Retailer: refers to a third party whose Products or Direct Click Products are available for sale in the ESD eStore.
      27. Registration Information: refers to the registration information collected by ESD in the ESD Registration Form as further detailed in the Privacy Policy.
      28. UGC: means content provided/ generated by a ESD Member, uploaded, embedded or otherwise displayed and/ or stored on the Site which may include but is not limited to text, articles, images, listings, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for use by ESD and ESD Members where applicable (including the information provided by ESD Members for insertion into an ESD Brief).
      29. VAT: means value added tax chargeable under English law for the time being and any similar additional tax.
      30. Working Hours: Monday to Friday 9am – 5pm during Business Days.
  16. Price matching.
    1. If a Product is available for purchase from a Third Party Retailer for a lower price (“Discounted Price”) than that displayed on the ESD eStore for such Product from the same Third Party Retailer, then subject to the remaining provisions of this clause 16, we will, upon request, amend the price on the ESD eStore to match the Discounted Price (“Price Match Offer”).
    2. The Price Match Offer is only available in circumstances where:
      1. the Third Party Retailer is a Third Party Retailer for the purposes of these terms and conditions (i.e. a third party whose Products or Direct Click Products are available for sale in the ESD eStore);
      2. the price proposed to be amended on the ESD eStore is for a Product from the same Third Party Retailer as that which is offering the Discounted Price;
      3. the Product available at the Discounted Price from the Third Party Retailer is brand new, identical to ours, and offered on the same terms;
      4. the Third Party Retailer has the Product in stock and available for despatch (rather than available only to order);
      5. the Discounted Price is:
        1. publicly available to all customers;
        2. not a price available only to certain customers (for example, negotiated prices or prices for groups such as account holders, reward card or club members);
        3. not a price only available with voucher codes issued to individual customers or groups;
        4. offered to customers by the Third Party Retailer directly (i.e. it is not offered via a third-party other than the Third Party Retailer);
        5. not part of a reward-based promotion, such as trade-ins, cutbacks, extended warranties or express delivery;
        6. a standalone price applicable to the Product and not part of a price for a bundle of products;
        7. and available long enough for us to consider any request for a Price Match Offer;
      6. we are able to verify all of the above matters.
    3. The Price Match Offer is only available at the point of purchase. We will not under any circumstances give any refunds to customers after they have purchased a Product at the Discounted Price.
    4. If You would like to request a Price Match Offer, please contact us by email on [email protected] before You make Your purchase.
    5. For the avoidance of doubt, if, following a request for a Price Match Offer, we amend the price on the ESD eStore to match the Discounted Price and You then place an order for the Product, the provisions of these terms and conditions (including, without limitation, clause 2 of the Terms of Sale) shall continue to apply to such order.

(C) GIFT VOUCHERS

  1. You may only use ESD Home gift vouchers (Vouchers) to purchase interior design services at www.esd-home.co.uk.
  2. You may not use Vouchers for any other purpose (including, without limitation, to purchase any products via the ESD Home eStore or from any third-party retailer).
  3. You may not exchange Vouchers for cash.
  4. Each Voucher expires on the date displayed on the Voucher, and may not be redeemed after such date.
  5. When you redeem a Voucher, you will be required where prompted on www.esd-home.co.uk to enter the code displayed on the Voucher.
  6. In order to benefit from the full value of a Voucher, you must redeem the full value of the Voucher in one order. If the value of the services you purchase from www.esd-home.co.uk is less than the value of the Voucher, you will not receive a credit for the balance to redeem against subsequent orders.
  7. Clauses 7.5(a) and 7.6(a) of our Terms of Sale shall apply if you cancel services you have purchased using Vouchers. If you cancel services you have purchased using Vouchers before we commence such services, then we will issue you with a replacement voucher code for the same value as your used Voucher. If you cancel services you have purchased using Vouchers after we have commenced or completed such services, you will not receive any credit or new voucher codes in respect of your used Voucher.
  8. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales, and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.