General Terms & Conditions
1. Introduction
1.1 By clicking on the " Accept" button at the bottom of these Terms and Conditions you agree to be legally bound by these Terms and Conditions or by opening an account with and/or trading with Easygift Trading Ltd you agree to be legally bound by these Terms and Conditions.
1.2 The Website is designed to assist you in your ordering of Easygift Trading Ltd ("the Products"). Our Website describes the Products in some detail, but manufacturers may make changes to the specifications of the Products at any time (see clause 6.1).
1.3 Use of the Website shall be in accordance with our Website Terms and Conditions.
1.4 We give no warranty, express or implied that making the Products available to you through the Website in any jurisdiction outside the UK is permitted under any law or regulation. You accept that if you are a resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. To the extent permitted by applicable law, we can accept no liability, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are acting on behalf of citizens, residents or nationals of other countries.
2. Purchasing Products
2.1 All orders for Products will be treated as an offer by you to purchase a Product under these Terms and Conditions which govern the legal Contract between us ("the Contract"). The Contract is to the exclusion of all other terms and conditions.
2.2 All Products are offered subject to availability.
2.3 All orders shall be acknowledged by way of an automatically generated email or text setting out the details of the order. Such acknowledgment shall be received once the order has been placed and/or payment has been made. Acknowledgement of receipt of an order shall not constitute acceptance of an order unless acceptance is expressly stated in the acknowledgement.
2.4 The price for the Products shall be displayed on our Website. The price of any Product is the price in force at the date and time of your order. If the price of any Product is changed before you place an order, we will inform you if a Product´s price is higher than that stated in your order, and you may cancel the order and decide whether or not to order the Product at the current price.
2.5 We may refuse any order placed by you. If the product you ordered is unavailable, you may be offered a substitute Product of equivalent quality and price which you may choose to purchase ("Substitute Product").
2.6 You undertake that any details you provide to us for the purpose of purchasing Products will be correct. We reserve the right to obtain validation of your credit, debit or purchasing card details before providing you with any Products.
2.7 You are responsible for complying with any legislation or regulations governing the import and export of the Products into the country to where the goods are to be delivered or the payment of any applicable duties.
3. Cancellations & Returns
3.1 You may cancel an order before it has been processed however if the order has been processed prior to your cancellation but cancellation is prior to delivery you may refuse delivery and /or return the Products subject to clause 3.2 below.
3.2 Any Products can be returned within 60 days subject to:
(a) the Products remain sealed for health protection or hygiene purposes and the seal is unbroken;
(b) the Products are not for a bespoke order and/or the Products are not personalised;
(c) the Products have not been mixed with other goods and cannot be identified.
(d) the Products must be in their original unmarked condition and packaging If the packaging has been defaced, written on, damaged or marked we will refuse to accept the return of the Products;
(e) the Products must be in perfect order/condition;
(f) the Products must be unused;
(g) any furniture must not have been assembled.
3.3 If:
(a) the Product delivered is not a Substitute Product and is not what you ordered; or
(b) the Product delivered is not fit for purpose;
we will, at our option, deliver to you a replacement Product or refund you the price paid.
3.4 Any Products (other than any Products returned in accordance with clause 3.4) may be subject to a handling charge at your expense.
3.5 Any claim by you which is based on any defect in the quality or condition of the Products or their failure to correspond with specification should be notified to us within 7 working days of delivery or where the defect or failure was not apparent on reasonable inspection within a reasonable time after discovery of the defect or failure. If you accept delivery of the Products and you do not notify us accordingly, you will not be entitled to reject the Products and we shall have no liability for such defect or failure, and you will be bound to pay the price as if the Products had been delivered in accordance with the terms of the Contract.
3.6 Where any valid claim in respect of any of the Products arising out of any defect in the quality or condition of the Products or their failure to meet specification is notified to us in accordance with these Terms and Conditions, we shall be entitled to replace the Products (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Products (or a proportionate part of the price), but we shall have no further liability to you.
3.7 For any consumer purchasing through the Website, we shall at all times comply with the requirements of the Consumer Rights Act 2015 (CRA 2015) and to the extent there is any conflict with the terms as set out in clauses 2 and 3 of these Terms the provisions of the CRA 2015 shall apply.
3.8 If you have any complaints, you should direct them to us by email: enquiries@homega.co.uk or by post at Arrow Mill, Queensway, Rochdale OL11 2YW.
Delivery
4.1 Delivery of the Products shall be made by us delivering the Products to your nominated address for delivery in the United Kingdom.
4.2 Products are sold subject to title passing when full payment has been received by us and the Products are delivered.
4.3 Risk of damage, breakage or loss of the Products shall pass to you once the Products are delivered.
4.4 Any dates provided for delivery of the Products are approximate only and we shall not be liable for any reasonable delay in delivery of the Products howsoever caused. If the delay is more than 14 days you shall be entitled to cancel the order.
4.5 Delivery is at the price set out at the time you place the order. Any additional charges (if any) will be set out before the Order is accepted which will be notified to you when your order is accepted.
4.6 Where the Products are to be delivered in instalments, each delivery shall constitute a separate Contract and any failure by us to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as cancelled.
4.7 If we fail to deliver the Products for any reason other than any cause beyond our reasonable control or your fault, and we are liable to you, our liability shall be limited to a full refund of the price of the Products.
4.8 If you do not take delivery of the Products or do not give adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, in addition to any other right or remedy available to us, we may either store the Products and arrange to redeliver or otherwise elect to give a full refund less a 10% restocking fee and delivery charges (if delivery was paid).
4.9 Any notification of any shortages or damaged to the Products should be notified to us within seven days from delivery in accordance with clause 3.
5. Information You Provide To Us
5.1 The following applies to any information you provide to us, for example during any account opening or ordering process:
(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through the Website. For all Products purchased through our Website will be treated in accordance with our Privacy and Cookies Policy.
(b) By accepting these Terms and Conditions, you agree to the processing and disclosure of the personal information for the purpose of purchasing the Products in accordance with our Privacy and Cookies Policy.
5.2 If you wish to raise any issue or concern as to the processing of your personal information you should contact enquiries@homega.com.
6. Warranty and Liability
6.1 All descriptions, illustrations, sizes, weights and capacities on the Website are given as a guide only and Products will not necessarily conform in each and every detail.
6.2 In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however, caused, even if foreseeable.
6.3 In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website we would refer to the Terms of Use on the Website.
6.4 If we are liable to you for any reason relating to the Products you have purchased, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or any other liability which cannot be limited in law.
6.5 Subject as expressly provided in these Terms and Conditions, and except where Products are sold to a person dealing as a consumer (within the meaning of the CRA 2015), all warranties, representations, endorsement, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
6.6 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Products, if such delay or failure was due to any cause beyond our reasonable control including (but without limitation) strikes, lockouts or other industrial actions or trade disputes.
6.7 We shall not be liable for and you shall indemnify and hold us harmless against any claim by or loss or damage to any third party or third party´s property directly or indirectly occasioned by or arising from the use or possession of the Products.
6.8 Your right to set off any sums due by you to us for any Products which you have purchased is specifically excluded.
6.9 The limitations and exclusions in this Clause 6 only apply to the extent permitted by applicable law and if a consumer the sale of all Products will be in accordance with the CRA 2025 and all applicable consumer legislation from time to time in force.
General
7.1 We may assign, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.
7.2 We may alter these Terms and Conditions from time to time and make the new version available on the Website and/or by other means.
7.3 No variation of these Terms and Conditions shall be legally binding unless agreed in writing between our authorised representatives and you. Our employees or agents are not authorised to make any representations concerning the Products unless confirmed by us in writing.
7.4 These Terms and Conditions together with [the Website Terms of Use, the Privacy and Cookies Policy and any order (including payment details and instructions) constitute the whole agreement between you and us.
7.5 You acknowledge that you have not entered into this Contract in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions, the Website Terms of Use, the Privacy and Cookies Policy and/or order.
7.6 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be removed from the remaining provisions of the Terms and Conditions and shall be treated as deleted.
7.7 The Contract shall be governed by English law and you submit to the non-exclusive jurisdiction of the English court.
7.8 In the event of any dispute the intention shall be to consider Alternative Dispute Resolution (in particular Mediation (if appropriate)) and to resolve the dispute prior to the issue of legal proceedings. We shall in that respect comply with any legal obligations as set out in the CRA 2015 and relevant consumer legislation in our dealings with any consumer (as defined in the CRA 2015).
7.9 Failure by either party to exercise any right or remedy under this Contract does not constitute a waiver of that right or remedy.
8. Notices
8.1 All notices shall be given:
(a) By you to us: by e-mail at support@homega.co.uk or by post at Arrow Mill, Queensway, Rochdale OL11 2YW. Or
(b) By us to you: either by e-mail or postal address you provide during any ordering process.
8.2 Notices will be deemed received when an e-mail is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
9. Use Of Our Website
9.1 As set out in these Terms and Conditions the purchase of the Products through the Website will be in accordance with the Website Terms of Use and all personal data received through use of the Website shall be dealt with in accordance with the Privacy and Cookies Policy.
9.2 Any issues in respect to use of the Website should be sent to: support@homega.co.uk.