Terms & Conditions

 

Please read the terms and conditions contained in this Terms of Use statement for the Site. Your access to, and use of, the Site constitutes your acceptance without limitation or qualification, of these Terms of Use. This Site is provided only on the condition that you agree and accept all of these Terms of Use. If you do not agree with these Terms of Use, you are not granted permission to use the Site and you should cease using and exit the Site immediately. If you have any questions about the Terms of Use, please contact us

 

1. WHO RUNS THE SITE?

Thank you for accessing the Site which is owned and operated by Emmanuel Saint Limited, a company incorporated in England (Company No. 04524277), from its offices located at No. 81, Elsham road, London W148HH. Emmanuel Saint Limited trades under the name Emmanuel Saint ("Emmanuel Saint" for the purposes of These Terms of Use). Although the site is accessible worldwide, Emmanuel Saint makes no representation that the Site is appropriate or available for use in other locations. Access to the Site from territories or nations where any aspect of the Site is illegal is prohibited. Your access to this Site, especially from outside of the United Kingdom, is of your own volition and you are responsible for compliance with all applicable local laws. Emmanuel Saint reserves the right to limit, in its sole discretion, the provision and quantity of any product as well as access to this Site to any person or geographic area.

 

2. WHO MAY USE THE SITE

The Site is for visitors who wish to find out more about our business and for visitors who wish to purchase our products ("you") using this Site. The Site is intended to sell goods to consumers only and is specifically not intended for use by distributors, or other retailers.

You should read these Terms of Use in conjunction with the Privacy & Cookie Policy ("the Policy") incorporated in these Terms by reference. Your use of this Site shall constitute acceptance of the Policy and Emmanuel Saint personal data collection and use practices.


3. CHANGES TO THE TERMS OF USE

We reserve the right, at our sole discretion and at any time, to change, add to or delete any or all of these Terms of Use and the terms and conditions by which this Site and its features and offerings are extended to you by posting these changes on the Site. Your continued use of the Site after such changes have been posted will constitute your acceptance of those changes. You are therefore advised to visit the Site on a regular basis to consult the currently applicable Terms of Use.


4. LAWFUL USE

You may only use the Site for lawful purposes, and in a manner, which does not infringe, misappropriate, or violate the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Moreover, and with respect to certain transactions you may conduct through the Site, you agree and represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information to this Site, including, without limitation, when you provide information via a Site registration or submission form.


5. LIMITED LICENSE FOR USE OF SITE MATERIALS

Subject to these Terms of Use, Emmanuel Saint grants to you a personal, non-exclusive, royalty-free, and non-transferable right to access the Site and to use and download the Materials (as defined below) from the Site for your private use only. This authorization does not constitute a transfer of title to the Materials.


6. COPYRIGHT

The site's design, names, text, images, graphics, logo and the arrangement of the same ("the Materials") are all owned by, or licensed to, Emmanuel Saint or otherwise used by Emmanuel Saint as permitted by applicable law. The Materials may not be reproduced for any commercial or public purpose, republished, posted, broadcast, distributed or transmitted by you, or provided by you to any third party without the express written consent of Emmanuel Saint. Notwithstanding the foregoing, you may print and download a single copy of materials and information from this Site solely for your personal use. Additionally, downloading, copying and storing the Materials in any medium is subject to the following restrictions:

1) You must retain all copyright and other proprietary notices contained in the Materials on all copies of the Materials that you make;

2) You may not modify, adapt, alter, recompile, decompile, disassemble or reverse engineer any of the Materials, or create a derivative work from the Materials in any way

3) You must give notice of these restrictions on use of the Materials to any person to whom you provide the Materials.

Moreover, you may not:

(i) Use any "deep link," "page scrape," "robot," "spider," or use any other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain, or attempt to obtain, any materials, documents, or information through any means not purposely made available through the Site.

 (ii) Attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Emmanuel Saint server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate means.

(iii) Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

(iv) Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site.

(v) Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Emmanuel Saint 's systems or networks or any systems or networks connected to the Site.

(vi) Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Emmanuel Saint on or through the Site.

Emmanuel Saint reserves all rights not expressly granted herein in and to the Materials.


7. TRADEMARKS

EMMANUEL SAINT, BLACK SAINT and all other names, logos, and icons identifying Emmanuel Saint and its products and services are proprietary trademarks of Emmanuel Saint. Except as expressly provided in these Terms of Use, Emmanuel Saint does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information, and you must not use the " Emmanuel Saint " name or any other registered or unregistered trade marks displayed on the Site without the prior written consent of an authorized officer of Emmanuel Saint.


8. NO WARRANTY

Emmanuel Saint is providing the Site and its contents on an "as is" and an "as available" basis, without any representation or warranty of any kind, whether express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, merchantability or title in relation to the Site. For the avoidance of doubt, this exclusion does not apply to goods sold via the Site.

The content of the Site may contain inaccuracies and typographical errors. We use reasonable endeavours to ensure, but cannot and do not guarantee, the accuracy, truthfulness or completeness of the content or the reliability of any advice, opinion or other information displayed or distributed on the Site. While Emmanuel Saint endeavours to provide information or other content contained within the Site that is correct to the best of our knowledge, we do not accept any responsibility for any errors or omissions therein. Emmanuel Saint reserves the right, at its sole discretion, to make improvements to, or correct any errors or omissions in any portion of the content and to make any other changes to the Site, materials, tools, products, services and prices displayed or described on the Site at any time, without notice.

Emmanuel Saint does not warrant uninterrupted or error free use of the Site, that defects will be corrected, or that the Site or the server that makes it available or files available for downloading from the Internet are free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

Emmanuel Saint does not assume any responsibility or risk for your use of the Internet. While Emmanuel Saint has endeavoured to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other global communication network cannot be guaranteed. Accordingly, Emmanuel Saint is not responsible for the security of any information transmitted via the Internet, the storage of any information on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these issues.

 

9. THIRD PARTY SITES AND CONTENT

As a convenience to you, we may provide, on the Site, links to sites operated by other entities as well as network content provided, uploaded, published, or distributed by users and other participants in the Site ("Third Party Content"). If you use these sites, you will leave the Site. If you decide to visit any linked site or decide to use any of the Third Party Content, you do so at your own risk and it is your responsibility to review their terms of use and privacy policy and to take all protective measures to guard against viruses or other destructive elements. Emmanuel Saint is not a publisher of any such content. Such Third Party Content and all information contained on the linked sites contain the views, opinions, statements, offers, and other material of the respective users, participants or authors. Emmanuel Saint makes no warranty or representation regarding, and does not endorse, any linked sites, any Third Party Content or other information appearing thereon or any of the products or services described thereon. Neither the use of Third Party Content nor links imply that Emmanuel Saint, or any of the Site's sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any provider of Third Party Content or any linked site is authorized to use any trade mark, trade name, logo, or copyright symbol of Emmanuel Saint or any of its affiliates or subsidiaries.


10. LINKING TO THE SITE

All links to the Site must be approved in writing by Emmanuel Saint prior to the creation of the link, except that Emmanuel Saint consents to links in which: http://emmanuelsaint.com

(i) the link is a text-only link containing only the URL

(ii) the link "points" the user directly to the home page only and not to pages accessible from the home page.

(iii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked site.

(iv) the appearance, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by Emmanuel Saint nor damage or dilute the goodwill associated with the name and trade marks of Emmanuel Saint or its affiliates.

Emmanuel Saint reserves the right to revoke this consent to link at any time at its sole discretion.


11. INFORMATION YOU SUBMIT TO THE SITE

All personal data we ask you to submit to the Site will be treated in accordance with the Privacy & Cookie Policy. Please note, Emmanuel Saint will fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose information (including personal data) that we have obtained through your use of the Site. All information you submit to the Site, whether solicited or unsolicited will not be regarded as confidential. Emmanuel Saint also welcomes your feedback and suggestions about how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Emmanuel Saint, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Emmanuel Saint. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Emmanuel Saint to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. You also waive any and all moral rights that you may have in such feedback.

To purchase goods through the Site, you must register. All information that you provide to Emmanuel Saint must be truthful. Emmanuel Saint reserves the right to require you to submit a different user name if the chosen name is inappropriate or already in use. You agree to keep secure and not provide, disclose to or share with any third parties any username or password that you use to access your account. You must not access (or attempt to access) another user's account or registration details. You must inform Emmanuel Saint through our contact us page if you become aware of any misuse of your user details. Registration is open to any person over the age of 18. Emmanuel Saint reserves the right to temporarily or permanently suspend your use of the Site and/or your user account, if you breach these Terms of Use, or for any other reason, and to inform law enforcement agencies or other relevant parties of particular breaches at its discretion. Emmanuel Saint will gather, use and store the data you submit in accordance with its Privacy Policy. By registering, you agree that Emmanuel Saint may use the data submitted at the time of registration to contact you for the purposes of the sale and delivery of Goods.


12. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Emmanuel Saint, its affiliates, licensors, service providers, content providers and their employees, agents, officers and directors will not be liable for, direct, loss, indirect, consequential, special loss and/or loss of profits, business interruption, loss of data, information or programs or your information handling system, pain and suffering or emotional distress arising out of or in connection with the use of, or inability to use, the Site, its content, materials or functions, whether in action of contract, negligence or other tortious action.

Nothing in these Terms of Use shall prevent you from claiming for loss suffered pursuant to contracts between you and Emmanuel Saint for sale of goods.


13. CHANGES TO THE SITE

We may terminate, change, suspend or discontinue any aspect of the Site at any time. We may also impose limits on certain features and services and/or restrict access to parts or all of the Site without notice or liability. We reserve the right to terminate your secure log-in and suspend your access to secure areas of the Site upon becoming aware that you have breached these Terms of Use.


14. NO WAIVER

No waiver by Emmanuel Saint of any breach of any obligation arising under these Terms of Use shall constitute a waiver of any other breach and no failure to exercise or to partially exercise by Emmanuel Saint of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

 

15. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of England. The courts of England are to have exclusive jurisdiction to settle any disputes arising out of or in connection with the use of the Site. A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceeding based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


16. SEVERABILITY

If any of these Terms of Use should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms of Use are intended to be effective, then it shall be modified to the extent necessary, and only within the jurisdiction in which that Term is illegal, invalid or unenforceable, so as to achieve as nearly as possible the objectives of these Terms of Use or, if such modification is not commercially practicable as determined by Emmanuel Saint in its sole discretion, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable.

 

17. ONLINE PURCHASES, SPECIFIC PROGRAMS, OTHER TERMS AND CONDITIONS

Additional notices, terms, and conditions may apply to the purchase of goods, participation in a particular program, and/or to specific portions or features of the Site, all of which are made a part of these Terms of Use by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such program, service, or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, including any areas to enable the on-line purchase of items, or for any program or service offered on or through the Site, the latter terms shall prevail with respect to your use of that portion of the Site. Emmanuel Saint obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such terms, conditions, notices, and agreements.


TERMS AND CONDITIONS OF SUPPLY

FOR ONLINE STORE

Any order and subsequent purchase of Goods (as defined below) from the Emmanuel Saint Site shall be governed by the following terms and conditions. Please read them carefully.

 

1. IN THESE CONDITIONS:

" Emmanuel Saint " means Emmanuel Saint Limited (Company No. 04524277) whose registered office is located at No. 81, Elsham road London, W14 8HH and who trades under the name www.emmanuelsaint.com ("the Site")

 "Goods" means those products made available by Emmanuel Saint that you wish to contact us to buy.

 "Order Form" means orders placed by using the ordering process as set out on the Site and "Order" shall be interpreted accordingly.


2. CUSTOMER OBLIGATIONS

2.1 By submitting your Order Form you warrant, represent and undertake:

2.1.1 that you are acting in your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than ordinary personal use;

2.1.2 that you are resident within the European Union and/or the United States of America;

2.1.3 to supply, true, accurate, current and complete information;

 2.1.4 that you are the authorised holder of any credit/debit card you may use on the Site;

2.1.5 that you are of sufficient legal age to enter into a binding commitment for the purchase of Goods; and

2.1.6 to be available for delivery and to take delivery of Goods ordered you by.


3. ORDERS FOR GOODS

3.1 Your submission of the Order Form represents an offer to purchase the Goods from Emmanuel Saint.

3.2 There will be no binding contract between you and Emmanuel Saint for the supply of Goods unless and until Emmanuel Saint accepts your order via a confirmatory email that your order is valid, confirming the Goods to be supplied and the price payable and that your payment has been processed.

3.3 Without prejudice to your right to cancellation, if applicable, no change to any order shall be binding on Emmanuel Saint unless such change is accepted by Emmanuel Saint in writing.

3.4 Contact information for on-line shopping enquiries and general enquiries can be found at contact us

3.5 Any information you submit to Emmanuel Saint shall be dealt with in accordance with the privacy policy.

 

4. LIMITATIONS OF SUPPLY AND EXCLUSIONS

4.1 Emmanuel Saint shall make every effort to ensure that all orders are fulfilled, however we cannot guarantee the availability of Goods.

4.2 In the event of Goods being unavailable, a member of Emmanuel Saint staff shall contact you by email and Emmanuel Saint, may at its sole discretion, provide replacement Goods of an equivalent value, quality and/or specification or a full refund, subject always to your right to reject the goods under Clause 7.1.


5. PRICES AND PAYMENT

5.1 Subject to Clause 5.3, the price payable by you for the Goods shall be the price stated at the time of Order, as confirmed in accordance with Clause 3.2 of these Terms and Conditions. Notwithstanding the price information given on the website, Emmanuel Saint reserves the right to change the price of its products at any time before an Order is placed.

5.2 Emmanuel Saint will accept only the following forms of payment for telephone purchases:

Switch

Visa

Mastercard

American Express

Maestro

The order process will require the submission of a credit card security code via telephone. The Site does not accept cheques (cashier or personal) or money orders as valid forms of payment. Payments will be processed when your order is accepted by Emmanuel Saint, during normal UK business hours (next business day processing will apply to orders made outside business hours) and we have verified your card details and received credit authorisation. Please note that debit and credit cards may have spending limits that may delay the processing of your order. Prices stated are in Pounds Sterling only and you will be charged in Pounds Sterling. But, please note that the applicable issuer of the credit card will be responsible for otherwise making any necessary currency conversion and such rates will be reflected at the time of conversion.

5.3 Emmanuel Saint uses its best efforts to ensure the accuracy of the prices and price related information stated. However, you may encounter a mis-priced item on the Site. Therefore, we verify prices in accordance with Clause 3.2 of these Terms and Conditions and as part of our shipping process. If an item is mis-priced, we will give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you or do not receive a response from you within seven (7) days, we will treat the order as cancelled.

5.4 The minimum delivery charges for all purchases are £7.50 per UK order, £15 for orders to other European countries and �40 for orders to the United States (covering courier costs, fuel surcharges, but excluding taxes, duties and additional fees where applicable). Moreover, for deliveries to customers residing in the United States of America, please note that Emmanuel Saint will endeavour to add any applicable duties. Where orders exceed the maximum weight and/or cubic weight determined by the carrying courier company, the delivery charges will be calculated at the courier's rates.

5.5 All prices stated are inclusive of Value Added Tax ("VAT") where applicable. If you are ordering from the United States, VAT will be deducted from the stated price and any other U.S. specific duties and charges will be added. Your purchase may also include applicable U.S. sales taxes based on the delivery address and the sales tax rate in effect at the time your order is placed.


6. DELIVERY AND CARRIAGE

6.1 Emmanuel Saint will arrange delivery of goods to addresses within the European Union and all United States of America states and territories. Following acceptance of your Order in accordance with Clause 3 of these Terms and Conditions Emmanuel Saint will, by separate shipping email, notify to you of delivery details including tracking number and estimated delivery time. Emmanuel Saint shall use reasonable endeavours to deliver the Goods (which are in stock and available for delivery) within five business days within the UK and Europe, and within ten business days to the United States, always provided that Emmanuel Saint cannot guarantee delivery within these timeframes and shall not be liable for failure to deliver within such estimated delivery time period.

6.2 Unless otherwise stated in writing, delivery of the Goods shall take place Monday through Friday excluding holidays, and at the delivery or alternative delivery address taken at the time of order no later than twenty-eight (28) days following acceptance of your Order. For security reasons, Emmanuel Saint cannot deliver to PO Boxes or APO/FPO addresses, which are not available through the chosen courier service. A shipping confirmation is emailed to you as soon as your purchase has been shipped. On occasion, packages may be returned to Emmanuel Saint (or its agent) as undeliverable (in accordance with the delivery policies of the courier service, in particular, where three or more unsuccessful delivery attempts have been made). If you receive a notice from the carrier that a package has been returned to Emmanuel Saint as undeliverable, please contact Emmanuel Saint to make arrangements for reshipment.

All queries in relation to delivery and tracking numbers should be directed to Emmanuel Saint via email at sales@emmanuelsaint.com

6.3 We reserve the right to require the return of Goods that are not accepted by you for any reason.