EOW Terms of Use
Definitions
"You" means you, the user of EOW Site and "Your" shall be interpreted accordingly. "We/Us" means EOW or Emporium of Wonders and "Our" shall be interpreted accordingly. "EOW site" shall have the meaning as set out above. "User information" means the personal details which may be provided by You to Us via the EOW site. "Users" means the users of the EOW site collectively and/or individually as the context admits. "Website" and "Site" means a site on the World Wide Web.
Introduction to EOW
EOW and its affiliates provide access to the EOW website (the "website") and sell our products to you subject to the conditions as stated on this page. Read these conditions carefully before using the EOW website. By using the EOW website, you signify your agreement to be bound by these conditions. When you use any current or future EOW service, you will also be subject to the guidelines and conditions applicable to that service.
Our terms and conditions and policies on EOW website will evolve and may change from time to time. Please check these regularly. Your use of the EOW site will be deemed an acceptance of the terms, conditions and policies existing at that time. We reserve the right to change these terms and conditions. These terms and conditions, in conjunction with any other applicable policies available at the EOW website, govern the relationship between ourselves and you and will remain in force for the duration of our relationship.
We will use reasonable endeavours to verify the accuracy of any product or pricing information which we place on the site but we make no warranties (whether express or implied) in relation to the accuracy of such information, as much of the information is published by third-party Sellers. It is the responsibility of the sellers to price their goods correctly.
This Agreement shall be governed by and construed in accordance with English law and the Parties hereby submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising under or in connection with this Agreement, regardless of your location as a Buyer, Seller or User of the EOW site and services.
The contract between the Buyer and Seller will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England in the United Kingdom.
Intellectual Property
All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the EOW site shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately. You acknowledge that by posting materials on the EOW site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the EOW site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
Liability for and information provided on the EOW site
Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the EOW Site, or for statements, advice and/or opinions made or given by Users on the bulletin boards and chat forums (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.
We will endeavour to provide the EOW Site using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the EOW Site and do not promise that the material contained in the EOW Site, or any of the functions contained in the EOW Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the EOW Site.
Conditions on Your Use of the EOW site
Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in your Account area of the website.
EOW reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Privacy
Please review our Privacy Policy, which also governs your visit to EOW, to understand our practices.
Access to EOW
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Licence for website access
EOW grants you a limited licence to access and make personal use of this website (EOW), but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EOW. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EOW or EOW and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising EOW or its affiliates' names or trademarks without the express written consent of EOW. Any unauthorised use terminates the permission or license granted by EOW.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of EOW as long as the link does not portray EOW, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EOW logos or other proprietary graphic or trademark as part of the link without our express written consent.
Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not EOW, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must NOT use the website for any of the following:
(A) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
(B) to cause annoyance, inconvenience or needless anxiety
(C) to manipulate transactions in ways that are unfair to other users or to EOW
User's Rights and Obligations
You warrant and represent to EOW that the information you provide to us is true and correct You, the user, will resolve any dispute directly with the Seller, with the assistance of EOW and not through attempting to revoke an Electronic Money purchase transaction.
Buyers must inspect any items purchased from a Seller immediately upon receipt to ensure that it accords with any description given by the seller in the item's listing and to ensure that the product is safe.
Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. EOW reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you:
(a) grant EOW and its affiliates a non-exclusive, royalty-free and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) EOW and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to EOW, including the execution of deeds and documents, at the request of EOW.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to EOW: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable EOW policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify EOW and EOW and its affiliates for all claims brought by a third party against EOW or its affiliates arising out of or in connection with a breach of any of these warranties.
Defamation claims
Because EOW lists many products for sale on the website and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, EOW operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately. Once this procedure has been followed, EOW will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EOW, its affiliates or its content suppliers and is protected by international copyright, authors_ rights and database right laws. The compilation of all content on this website is the exclusive property of EOW and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of EOW, our affiliates or our software suppliers and is protected by international copyright and authors_ rights laws. You may not systematically extract and/or re-utilise parts of the contents of the website without EOW's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without EOW's express written consent. You also may not create and/or publish your own database that features substantial (eg: our prices and product listings) parts of this website without EOW's express written consent. EOW and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact EOW immediately providing details of the infringement.
Trademarks
EOW, THE EOW LOGO, EMPORIUMOFWONDERS.COM, EMPORIUM OF WONDERS and other marks indicated on our website are trademarks or registered trademarks of EOW or its subsidiaries (collectively "EOW"), in the European Union and/or other jurisdictions. EOW's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of EOW. EOW's trademarks and trade dress may not be used in connection with any product or service that is not EOW's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EOW. All other trademarks not owned by EOW that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EOW.
Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by EOW to you.
Our contract
When you place an order to purchase a product from EOW, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send your e-mail receipt to you. In most situations, the Seller will not send you confirmation of dispatch, however you can check details of your order and its dispatch status in Your Account on the EOW Site. Any products on the same order which we have not confirmed in your e-mail receipt do not form part of that contract.
Purchases
The EOW Site uses PayPal, a secure payment processor for the safe collection of your payment details. PayPal (http://www.paypal.co.uk), has been approved by a number of banks to facilitate Internet transactions on our behalf. All the information you pass at the Paypal payment page (including your credit or debit card numbers) are encrypted using Secure Sockets Layer (SSL) software. The Paypal payment pages are SSL encrypted and EOW does not take or retain any Credit Card Information. The information passed at the payment page is not held in clear text on any web site involved in this process.
To ensure that your card is not being used fraudulently, PayPal carries out a series of security checks with your bank to verify your details and authorise your purchase. The authorisation of the transaction will only last for a set period of time, and your account will be debited immediately if successful. Therefore, for pre-ordered and made to order items your account may have been debited well in advance of you receiving your goods. We are keen to stress that any orders can be cancelled during our 7-day cooling off period, and that in such instances a full refund is guaranteed subject to the terms described in our Returns and Refunds Policy which you can read here. There may be exceptions to our Returns policy for Made-to-order items. We would advise that you please retain your EOW Order Reference Number and receipt as proof of purchase. This will be sent to you by e-mail immediately after we receive your order. If you have any queries on when you will receive your goods, please first check Your Account or contact us via our Contact Page.
All orders placed through our website will be subject to our acceptance of the order, and all goods are sold subject to availability.
All prices shown on our website are inclusive of any VAT, duties or other taxes applicable to the item. Since some of our items are being sold by Sellers located internationally, all of our Sellers are advised to include any duties into the price of the item. Please note that you may be subject to your own local tax/import duties, if the item is being shipped from outside of your specified delivery country. We state each Seller's country in the Product Detail page and Checkout, so that You can determine whether you would like to proceed with an order. We do not assume any responsibility for local tax/import charges. If you are in any doubt we recommend you check with your local Customs & Excise Office before making a purchase.
You may order online using your credit or debit card through Paypal (Paypal accepts accept Visa, Switch, Delta, Mastercard, Solo, Amex, Maestro, Visa Electron and of course Paypal).
Shipping
Our Sellers will deliver to a selection of countries worldwide. It is Your responsibility to check upon ordering the item that the Seller ships to your country. This information is displayed in the Orders section featured in Your Account. Dispatch & Delivery times vary according to the Item and the Seller. It is Your responsibility to check these time scales when placing your order.
Shipping Rates
Shipping Rates vary according to the Seller and the Item. Be sure to check the shipping rates when placing your order. Often our Sellers offer Free Shipping if you purchase over a certain amount from the Seller in one order. This information is also available in the your Orders section featured on each My Account Order page.
Returns
Please review our Returns Policy, which applies to products purchased from us. In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Items that are expressly made-to-order are exempt from this, and are not entitled to be returned in accordance with Distance Shipping Regulations. Details of this statutory right and an explanation of how to exercise it are provided in the Returns Policy.
Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
If any product in the catalogue is miss-priced by the seller, then we will either cancel your order and notify you of such cancellation, or contact both you and the seller to arrange for the product to be purchased at the correct price. The seller may apply a discount at this stage at their discretion. It is the responsibility of the seller to price their goods correctly and to verify that they are correctly priced at all times. Sellers are to fix the price of the products as low as they appear anywhere else on the web. (That does not include sale items or resales).
Customs
When ordering goods from EOW for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from EOW, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers, and customers dispatching products internationally, to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Children
EOW does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use EOW only with the involvement of a parent or guardian.
We use reasonable care to prevent material likely to give offence or which is unsuitable for children being displayed on our website. There are, however, certain products that we sell which are unsuitable for children (e.g. Certificate 18 or 15 videos / DVD's). By placing an order for products with age restrictions You declare that You are of legal age to purchase those products. Should You see material which in Your view is offensive then please contact us using the Contact Us section on the EOW website.
The Seller's listing of an item for Sale constitutes an offer to each Buyer to purchase the item at that price and the act of clicking on the "Add to Cart" button by You constitutes acceptance of that offer. Such acceptance will become effective on receipt by the Site of such act. A seller may retract an item listed for Sale at any time but is bound by any offers accepted prior to the retraction.
Other businesses
Parties other than EOW and its subsidiaries operate stores, provide services, or sell product lines on this website. For example, businesses and individuals offer products via their Seller's Accounts, also known as "eShops" or "micro-shops". In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. EOW and EOW do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. We make clear when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their own privacy statements and other conditions of use.
Electronic communications
When you visit EOW or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Losses
EOW will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Data Collection
When using the Site You may be asked to enter User Information. Such User Information will only be used for the purposes for which it was collected, for any other purposes specified at the collection point and in accordance with our Privacy Policy which you can read here.
Cookies
You should be aware that information and data may be automatically collected through the use of Cookies. "Cookies" are small text files that store basic information that a web site can use to recognise repeat site visits and as an example, recall your name if this has been previously supplied. We may use this to observe behaviour and compile aggregate data in order to improve the Site, target the advertising and assess general effectiveness of such advertising. Cookies do not attach to Your system and damage Your files. If You do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows You to deny or accept the Cookie feature. Note, however, that "personalised" services may be affected if the cookie option is disabled.
Waiver and Indemnity
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the EOW Site.
Termination
We reserve the right immediately to terminate Your use of the EOW Site if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.
Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of England and Wales.
Our details
emporiumofwonders.com and EOW are the trading names for Emporium of Wonders.
This website, EOW and Emporium of Wonders are wholly owned and operated by International Life Magazine Ltd.
For the EOW website:
EOW
72 the Street,
Guildford GU4 8BU
United Kingdom
Registered Office
International Life Magazine Ltd
35 Morland House, Marsham St
London SW1P 4JH
United Kingdom
Registered in United Kingdom under International Life Magazine Ltd.
Company No.06532821 United Kingdom VAT Reg. No.936 8526 84.
You can contact us by visiting contact form