Terms & Conditions
Below are the terms and conditions for Emily Burningham Limited. Please read them carefully before placing your order. By using this website or placing an order you agree to be bound by the terms and conditions set out below. Please also read our privacy statement regarding personal information provided by you. These terms of business are to protect and clarify the legal rights of our customers as well as ourselves.
We may change these terms from time to time without notice. Changes will apply to any subsequent orders received.
Once your order has entered our dispatch process, we will not be able to make any changes.
This website, found under the http://www.emilyburningham.com URL, is operated by Emily Burningham Limited and references to “we”, “us” and “our” shall be deemed to be references to Emily Burningham Limited. References to “you” and “your” shall be deemed to be references to the person placing an order via this website or joining our mailing list.
The terms and conditions stated below apply to all orders made to Emily Burningham Limited. No other terms and conditions can apply in any circumstances.
We sell our products to both trade and retail customers. If you would like more information, please contact us.
Disclaimer & Statement of Liability:
All goods supplied by Emily Burningham Limited are supplied on the condition that our liability for any fault or defect in the quality, condition, description or fitness for any purpose is to a sum not exceeding the purchase price of the particular goods.
To the fullest extent permitted by law and save as provided above, neither Emily Burningham Limited nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Emily Burningham Limited or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
While Emily Burningham Limited uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Emily Burningham Limited will not be responsible for any errors or omissions or for the results arising from the use of such information.
While Emily Burningham Limited takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, Emily Burningham Limited will not be responsible or liable for your use of any other websites which you may access via links within this website. Emily Burningham Limited does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Emily Burningham Limited.
The entire liability of Emily Burningham Limited under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Emily Burningham Limited will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out the obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.
Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the Products.
Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of Products other than as a result of a breach of an obligation arising under the Sale of Products Act 1979 (as amended) and the Supply of Products and Services Act 1973.
Emily Burningham Limited may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Emily Burningham Limited.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
We do not store credit card details nor do we share customer details with any 3rd parties.
Intellectual Property Right and Right to Use:
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorized by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose.
Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
We take every care to ensure that the description and specification of our products are correct at the time of publication. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products.
Furthermore, and without prejudice to the generality of the foregoing, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you. We reserve the right to withdraw items from our range at any time without prior notification.
Pricing, Payment & Taxes:
We are unable to supply any goods on a sale or return basis.
We accept online payment in a secure environment by Visa, MasterCard, Visa Debit and Visa Electron. All transactions are shown in pounds sterling (£).
All prices quoted on this website are accurate at the time of publication and are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate.
Payment in full for all retail fabric orders is required before goods are cut and dispatched.
Pro-forma invoices must be fully paid by trade customers before goods are cut and dispatched.
Once full payment is received and items are dispatched they become the property of the buyer.
Placing an Order:
By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these terms, then you should contact us before placing an order.
By placing an order via this website you are making an offer to Emily Burningham Limited to purchase the goods detailed in your order upon the terms described in your order.
Once you have placed an order we will send you a confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and Emily Burningham Limited for the sale of our products will only exist once an order has been accepted, processed and dispatched to you.
Your debit/credit card will be authorised and charged at point of sale. This does not affect your statutory rights.
Prices and availability of goods are subject to change without notice. A delivery charge will be added to your order value where appropriate, please see the delivery charges.
- a) Non-receipt of goods: Any claim for the non-receipt of goods must be made in writing within a maximum of 14 days from the date of the confirmed delivery date.
- b) Errors and omissions: Customers should check all deliveries immediately for shortages, faults, damages or incorrect products. The buyer must inform Emily Burningham London in writing, within 7 days of the date of delivery.
- c) No claim will be considered in any circumstances should the goods have been cut, modified or damaged by buyer in any way.
- d) It is a characteristic of natural textiles that there will be variations in the weave, colour and texture including occasional slubs and as such claims for irregularities will not be accepted under any circumstances. To ensure exact colour matching it is advised to order quantities required for future use at one time. While every effort is made to ensure accuracy of colours, because of the limitations of the printing process, variations may occur and colours may not always be exact. The sample you order may come from a different batch to the material you receive. For more information about the production of the textiles and printing process please contact us at email@example.com.
- e) We will not be held responsible for any miscalculation of fabric orders. It is the responsibility of the customer to check all fabric details including repeats and drops.
- f) We will not be held responsible for any fabrics fading if they have been exposed to small amounts of gas, carbon monoxide, sun, strong lights or if they have been treated after leaving us, such as Flame retarding or softeners, all of which can have an effect on the fastness.
- g) Claims for labour charges will not be accepted under any circumstances.
You, the buyer, warrant that all details provided on the order form/over the telephone for the purpose of purchasing the products are correct, that the debit/credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the products.
We may from time to time change, alter, adapt, add or remove portions of these terms and conditions. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive English courts.
The headings in this Agreement are for convenience only and will not affect their interpretation.
As with all natural textiles, colour variation may occur from batch to batch, and whilst every effort is made to ensure accuracy of colours we ask you to check your fabric before cutting. We strongly advise you to get a swatch before you finalise your order. Responsibility for fabric or shade variation will not be accepted after cutting.
We recommend that all our fabrics are dry cleaned only.
Most fabrics will fade after lengthy exposure to strong sunlight, some fabric treatments, and carbon monoxide. We therefore advise that all our fabrics should be lined and interlined for curtaining windows. Please read the CLAIMS section for more information.
You can cover your windows with a UV reflective film that will protect all of your soft furnishings.
Our fabrics are not fire retardant, however we can assist you if you need to use our fabrics for commercial purposes.
Computer images may not accurately represent the design colourways, therefore save for your right to Cancel (please see relevant section) refunds are not accepted.