Terms & Conditions

Introduction

Welcome to the Escapology website terms and conditions for use ("Terms"). These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Products you agree to be bound by the Terms set out below. If you do not agree to be bound by these terms and conditions please do not use our Website.

Before you place an order with us, if you have any questions relating to these terms and conditions please contact our Customer Help Team by email or call us on 01752 710489. Our lines are open 10am to 5.30pm, Monday to Friday. Please note that all calls to our Customer Help Team will be charged at the local or national rate (BT users only, other network charges may vary). Inbound and outbound calls may be recorded for quality monitoring and training purposes.

You should print a copy of these Terms for future reference.

1) DEFINITIONS

• "Personal Information" means the details provided by you on registration;
• "Product" means a product displayed for sale on the Website;
• "Serviced Countries" means countries within the European Economic Area, Australia, Bahamas, Bermuda, Canada, China, Hong Kong, India, Israel, Japan, Kenya, New Zealand, Singapore, South Africa, UAE, USA and Virgin Islands.
• "We/us" means Escapology Home Ltd of Unit 9 Darklake Park, Darklake View, Plymouth, PL6 7FB;
• "Website" means the website located at www.escapologyhome.co.uk or any subsequent URL which may replace it;
• "You" means a user of this Website.

2.3 Our rights

We reserve the right to:

• (a) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• (b) change these Terms from time to time in accordance with clause 17.9 Our Right to Vary these Terms. If you do not agree to such amended terms, you must stop using the Website. If you continue to use the Website you will be deemed to have accepted the amended terms.

4) CONTRACT CANCELLATION

4.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.

4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately and at your own cost and risk. Please take reasonable care of the Products while they are in your possession. This provision does not affect your statutory rights.

5) DESCRIPTION OF PRODUCTS

5.1 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We will confirm the price of a Product in the Dispatch Confirmation.

5.2 Every care has been taken to ensure that the description and specifications of the Products are correct. However while the colour reproduction is a close representation, a slight variation in the actual Products may occur.

• Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom
• Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available:  United Kingdom
• Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service ​or in case of a subscription in accordance with the timelines communicate​d. You will be notified about the date(s) by email.

The payment methods Pay in 14 days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.

7) DELIVERY

7.1 From receipt of your order and payment in full we aim to deliver within the timescales stated in our delivery policy, stock permitting.

7.2 For stock purposes, each item requested constitutes an individual order. We will always attempt to consolidate multiple orders in one shipment. Due to stock and packaging requirements, Products may be shipped over several days and in more than one package.

7.3 If you require further information please see our FAQs page.

8) RETURN OF GOODS

8.1 Products purchased via the Escapology Website can be returned to us for a full refund or exchange within 14 days of the date of delivery.

8.2 When you return a Product to us that you purchased via the Escapology website:

• (a) because you have cancelled the Contract between us within the 14 day period above and provided proof of purchase (receipt, confirmation email or order number) we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
• (b) for any other reason (for instance, because have notified us in accordance with clause 17.4 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8.4 Products purchased in our retail stores that have been altered or customised by us in any way are non-returnable.

8.5 If you require further information please see our FAQs page.

9) THIRD PARTY LINKS

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and we are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

10) PRIVACY

We process information about you in accordance with our privacy policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

If you telephone one of our customer service representatives, we may keep a recording of that call for training purposes.

11) ESCAPOLOGY GIFT VOUCHERS

11.1 Escapology paper gift vouchers can be exchanged for goods in Escapology shops trading in the relevant currency denomination, and can also be used to purchase Products online at escapologyhome.co.uk and over the telephone from Escapology.

11.2 Gift vouchers may not be exchanged for cash.

11.3 If the Products purchased online total less than the value of the gift voucher, any balance will remain as credit against your gift voucher and you can redeem it against subsequent orders be left as a credit for you with escapologyhome.co.uk in our stores or over the telephone from Escapology.

11.4 Gift vouchers may not be used to discharge indebtedness on any account issued by Escapology.

11.5 When redeeming gift vouchers online over the telephone or in our shops, you will be required to give the serial number of the voucher.

11.6 Gift vouchers are void if the perforated tear-off area has been removed.

11.7 If you have to return Products you have purchased online using gift voucher/s, you will be reissued with replacement gift vouchers. You may also return Products to any Escapology shop. This does not affect your statutory rights.

12) MULTI-BUY OFFERS

12.1 Multi-buy offers (for example, buy 2 shower gels for £35) only apply to those products to which the multi-buy offer applies and are clearly displayed as such.

12.2 Multi-buy offers are not valid when used in conjunction with any other promotions.

12.3 The multi-buy offers do not include gift wrapping, postage or customisation, which are charged in addition to the price of the Products.

12.4 If any Products which form part of a multi-buy offer are returned to us for a refund, you will be refunded the full price of that item less the total discount given in the offer. If any Products which form part of a multi-buy offer are returned for exchange with an item not included in the same multi-buy offer, you will be charged the difference between the discounted price and the full price item.

12.5 Please note that items in the clearance section of our Website have already been heavily discounted and cannot be bought in conjunction with any other offer, including the multi-buy offers.

13) MONEY OFF VOUCHERS AND PROMOTIONAL DISCOUNTS

13.1 Money-off vouchers and voucher codes are not exchangeable for cash and can only be used once per transaction. Money-off vouchers and voucher codes cannot be used to purchase gift vouchers.

13.2 Money-off vouchers and voucher codes cannot be used in conjunction with any other voucher or voucher code.

13.3 Discounts and promotional discount codes offered by the Website are valid only for use as part of a purchase made via the Website, unless otherwise stated. We are sorry but electronic (email) vouchers cannot be redeemed in our stores.

13.4 If you return to us for a refund a Product which has been purchased with a money-off voucher, we will refund to you the full price of that item less the value of the voucher used.

13.5 Money-off vouchers and promotional discount codes cannot be used towards alterations and delivery charges.

13.6 Paypal as a method of payment is not accepted if the customer is using a money off voucher, a groupon or living social voucher or a gift voucher.

14) PRIZE DRAWS

We also operate prize draws from time to time which are governed by relevant terms and conditions.

15) OUR LIABILITY

15.1 We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

15.2 We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging.

15.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

15.4 This does not include or limit in any way our liability:

• (a) for death or personal injury caused by our negligence;
• (b) under section 2(3) of the Consumer Protection Act 1987;
• (c) for fraud or fraudulent misrepresentation; or
• (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

15.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

• (a) loss of income or revenue;
• (b) loss of business;
• (c) loss of profits or contracts;
• (d) loss of anticipated savings;
• (e) loss of data; or
• (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 15.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 15.1 or clause 15.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 15.5.

15.6 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

16) EVENTS OUTSIDE OUR CONTROL

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• (a) strikes, lock-outs or other industrial action;
• (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• (e) impossibility of the use of public or private telecommunications networks; and
• (f) the acts, decrees, legislation, regulations or restrictions of any government.

16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17) GENERAL

17.1 Intellectual property and right to use

17.1.1 Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website are owned by us or our licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited.

17.1.2 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or Website without our prior written permission.

17.1.3 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 (if necessary to make a purchase of Product(s)) 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.

17.1.4 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.

17.2 Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

17.3 Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17.4 Notices

All notices given by you to us must be given to Escapology Home Ltd at Unit 9 Darklake Park, Darklake View, Plymouth, Devon PL6 7FB. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 17.3 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

17.5 Transfer of rights and obligations

17.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

17.5.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

17.5.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17.6 Severance

If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.

17.7 Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

17.8 Entire Agreement

We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

17.9 Our Right to Vary these Terms

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

17.10 Law

These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.