TERMS AND CONDITIONS
The Site is owned and operated by WELTON DESIGN (UK) LTD.
All sales on this Site are made by WELTON DESIGN (UK) LTD, trading under the name WELTON LONDON, registered in the UK under the number 0440 3282, whose headquarter is located at 66 Prescot Street, E1 8NN London.
These terms tells you the terms on which you may make use of the Site, whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site.
By placing an order with WELTON LONDON ("Welton London", "we", "us" or "our") for products which are sold on the Site ("Products") you will be deemed to have read, understood and agreed to these Terms and Conditions ("terms and conditions").
The Customer (“you”) recognises having the legal capacity required to contract and acquire the Products offered for sale on the site.
The Products are meant exclusively for the Customer's personal use.
Please read these Terms and Conditions carefully and, if you do not agree with these terms, you must not use our Site.
We amend these Terms and Conditions from time to time. Please look at the bottom of this page to see when they were last updated. Every time you order Products from us, the Terms and Conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these terms and conditions and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.
Additional policies, including but not limited to the following also form part of these Terms and Conditions and should be read carefully before placing an order:
1 - OVERVIEW
These General Terms and Conditions define the procedures by which WELTON LONDON Site will sell Products to the Customer, and the rights and obligations of the Parties arising out of the on-line sale of the Products offered on the Site. They define all the stages required for placing the order and they monitor this order between the Parties.
These Terms and Conditions also define the use of our Site.
2 - PRODUCTS
The main characteristics of the Products are presented on the Site. The Customer is responsible for acquainting themselves with this information prior to placing any order.
We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. The images of products on this Site are illustrative only. The packaging may vary from that shown. The weights and dimensions are approximate only.
The Customer is hereby informed that, owing to the particularities of their Internet browser and depending on the screen used, colour variations may exist between the photos on the Site representing the Products and the products delivered to the Customer. WELTON LONDON cannot be held liable for these visual differences, which do not affect the Products’ essential characteristics.
Although some samples may have “not for sale” visible on the packaging, Samples are for sale as part of our Discovery Offer.
Products are subject to availability.
WELTON LONDON shall inform the Customer of the availability of the Products sold on the Website at the time of confirmation of the order. If, in spite of our vigilance, the Products ordered are unavailable, WELTON LONDON will notify the Customer by email as soon as possible. We shall not be liable to the Customer for being unable to provide that Product. The Customer’s order will then be cancelled. The Customer will be refunded for sums already paid within thirty (30) working days of the date on which the Customer was informed of the cancellation of their order by WELTON LONDON, according to the same payment method used for the order. We reserve the right to discontinue any product at any time.
WELTON LONDON reserves the right to refuse orders for the same product in large quantities and with more than six (6) identical items.
3 - PRICING
Product prices shown on the Site are in euros, all taxes included in Europe and without taxes outside Europe. They do not include shipping, transport and delivery charges and any applicable discounts.
Shipping, transport and delivery charges are indicated in the Customer’s basket before the order’s final confirmation. Prices do not include local customs costs in the country of delivery. The total price shown on the order summary and the order confirmation e-mail will represent the total amount to be invoiced.
We have taken great care to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the Products or its price as advertised on this website.
WELTON LONDON reserves the right to modify the Product prices at any time without prior notice. Such changes, however, will not affect orders that we accepted prior to the implementation of these changes, subject to the availability of the Products ordered.
4 - DISCOUNT AND PROMOTION CODES
We may offer promotions from time to time, such as discounts on certain products.
We reserve the right to withdraw such promotions at any time. They may also be subject to time restrictions, availability and other terms and conditions.
We may occasionally offer promotional discounts, with or without promotion code. Promotions with code are usually only valid for one transaction. Once the code is used it will be no longer valid.
Promotions cannot be added to an order after the order is confirmed, therefore you must ensure that the voucher is registered before you confirm and pay for the products.
5 ORDER PROCESS
The ordering process includes the following steps that the Customer is invited to follow by completing and verifying the information required for each of them:
– On the page relating to each product and click on “Add to Cart”
– Add products within the authorised limit (maximum of six (6) units)
– When the selection process is complete, click on the Basket icon, which is found at the top right of the page, then click on “I agree to the terms and conditions”
– Click on “Check Out “
– Connect to your account or complete the requested information
– Fill in the delivery address
– Choose a payment method
– Select the billing address
– Click on “Review Order”
– Confirm your order by clicking “Pay Now”
The Customer has the opportunity to verify the order details, the total price and to correct any errors before confirming the order.
The Customer will receive an order confirmation email, summarising the breakdown of the items ordered.
No order will be considered until receipt of the payment of the entire amount owed by the Customer.
The order is an offer to purchase the Products and no contract exists between the Customer and WELTON LONDON for the sale of any Products at this point.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Shipping Confirmation”). The Contract between us will only be formed when we send to you the Shipping Confirmation.
We reserve the right to cancel or refuse an order in cases of suspicion of fraud or litigation with the Customer regarding the payment of a previous order.
6 - PAYMENT
The total amount of the order must be paid in full on the day the order is placed by the Customer.
Transactions made on the Website are entrusted to our secure online payment provider. The payment details of the Customer’s bank card are protected and encrypted by our service provider.
We accept payment for orders by Visa, MasterCard, Maestro, American Express.
The Customer confirms that the credit or debit card being used is theirs. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to WELTON LONDON, we will not be liable for any delay or non-delivery of Products. We retain the legal ownership of all Products until full payment has been made by you and received by us and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon delivery.
If the Customer chooses to pay for the Order using a payment card with a currency denominated account that is different from the currency the Customer is paying in, the payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing the Order. The Customer’s international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which the Customer will be liable to pay.
WELTON LONDON uses Shopify, a secure payment platform, certified Level 1 PCI (Payment Card Industry) DSS compliant. PCI Security Standards Council is a globally recognized organization dedicated to maintaining standards for the secure processing of credit card transactions.
7 - DELIVERY
All orders will be shipped to you from our warehouse in France.
Due to Brexit regulations, we are not able to ship products to the UK.
No Shipments To U.S. territories: Puerto Rico, U.S. Virgin Islands, Guam and the Northern Mariana Islands and American Samoa), Marshall Islands, Federated States of Micronesia.
There are restrictions on some products for certain international delivery destinations. Before ordering, the Customer must review the product page information carefully to make sure the product can be shipped to the Customer’s location.
The Customer must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We will not be liable for the delivery of your Order as a result of you supplying us with incomplete or inaccurate information. Parcels may require a signature on delivery.
If no one is available at the delivery address given to take delivery and it is not possible to leave the products securely at the premises, the courier will leave a note informing that delivery has been attempted and that products have been returned to the courier’s premises, in which case, please contact the courier to rearrange delivery.
The products purchased on the Site are delivered in accordance with the following indicative delivery times, plus a maximum of 3 working days for processing your order and delivery to the carrier. Whenever referred to, working days exclude Saturday, Sunday and EU public holidays.
The Products are shipped with the delivery slip to the delivery address indicated by the Customer when ordering.
Delivery cannot be made to hotels or post office boxes.
Since delivery is handled by a third-party service provider, WELTON LONDON cannot be held liable in any way if the non-execution or faulty execution of this obligation is attributable to the Customer to an unforeseeable or insurmountable event, or to a case of absolute necessity.
Any additional customs duties to your Order will be at your own liability. Our service provider will inform you of any additional charges and payment options before delivering your package.
It is the Customer’s responsibility to check the compliance of the delivery with respect to their order and to report any error without delay.
The Customer is required to check the condition of the Products delivered.
In the event of a package presenting any defects (missing product compared to the order form, damaged or open parcel, etc.), it is the Customer’s responsibility to advise in writing the carrier and WELTON LONDON (firstname.lastname@example.org) on the delivery day of the parcel, with the corresponding supporting documents (photographs in particular).
Once WELTON LONDON has verified and confirmed the defect, the Customer will be refunded the amount of their order (price of products and shipping costs). The refund will be made using the same payment method used by the Customer for the initial transaction.
The Customer should inspect the Products upon receipt and check that everything specified on the delivery note is included. The Customer will be deemed to have accepted the order unless you notify us otherwise and return the Products in accordance with the Customer cancellation rights or other statutory rights (as referred to below).
The Customer has a statutory right to cancel his contract of sale at any time up to fourteen (14) days after the day on which the Customer receives the Order. The Customer must return the item, at his own expense, within fourteen (14) days after the day on which the Customer receives or collects the Order in order to receive a refund. For information on refunds please see our Return Policy.
In this case the Product must imperatively be returned complete and in perfect condition in its original packaging together with the delivery note, the invoice and an accompanying letter.
In case of exercise of the cancellation rights within the above-mentioned period, the price of the Product purchased and the shipping costs will be fully refunded; the return costs remain borne by the client.
To exercise their right of withdrawal before the Order has been dispatched, the Customer must notify WELTON LONDON by email to email@example.com, provided the items have not been dispatched then we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days. For more information, please see our Returns Policy.
It may not always be possible to stop an Order from being dispatched. If the Customer decides to cancel their contract once the order has been dispatched, then the Customer must notify WELTON LONDON and return the Product within fourteen (14) days from the day following their decision to cancel the order.
The Customer must comply with the conditions and the procedure for return of the Products described in the Return Policy.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms and Conditions.
10.1 Product Return Conditions
The Product must be returned in a saleable condition within fourteen (14) days of receiving your Order.
The Customer must return the Product in the same conditions as those in which he received it.
The Product must be returned in its original packaging unsealed with the protective plastic film intact. The Products cannot have been tried and must be in brand new condition, unopened, unused, unspoiled, clean and untested.
To ensure the maximum protection of items, Products must be repositioned in the original package, resistant to different transport methods.
WELTON LONDON reserves the right to refuse the return if the returned Product is unfit for its release on the market in new condition (Product returned incomplete, ruined or damaged, for example), if there are indications that the Product seals have been used, removed, broken or tampered with.
10.2 Please note that the right to cancel or return a Product does not apply to Fragrance, Home Fragrance Diffuser and Diffuser Refill when delivered outside the EU, which cannot be returned due to restrictions on delivering hazardous products.
10.3 Product Return Procedure
The Product returned must comply with the Product Return Conditions clause 10.1 (above). Shipment expenses are borne by the client.
Contact us at firstname.lastname@example.org stating your order number and your decision to return the products. Include the delivery note, precisely specify the products that are returned. Pack the products carefully and add the delivery note, the invoice, a cover letter with your contact details and order number before closing the shipping package.
The Customer should be able to provide a proof of shipment.
Send the package back to the following address:
Return WELTON LONDON
22 rue des Canadiens
WELTON LONDON undertakes to refund the Customer within fourteen (14) days from the date on which it was informed of the Customer’s decision to withdraw. However, in the absence of receipt of the Products concerned or proof of shipment of said Products within this period, WELTON LONDON reserves the right to defer refund until the day the Products concerned are recovered or until the Customer has provided proof of shipment.
The refund is made using the same payment method used by the Customer for the initial transaction.
If the Customer has paid for his order using two payment methods, including a gift card, the refund will be prorated for each payment method,
which means that the Customer will necessarily receive a portion of the refund by means of a gift card.
The Terms under this section do not affect your statutory rights if you are dealing as a consumer when purchasing goods.
If we fail to comply with these Terms and Conditions we will be responsible for loss or damage that you suffer that is a foreseeable consequence of our breach of these terms, but we are not responsible for any loss or damage that is not forseeable.Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We have no liability for loss arising from: any Products which after delivery have been subjected to wilful damage, incorrect handling or storage, accident, negligence by you or by any third party; or any failure by you to operate or use the Products in accordance with our instructions.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
Whilst we do use industry standard software and systems we do not warrant that the Site will operate error-free nor that the Site and servers are free of computer viruses. If your use of the Site results in the need for servicing or replacing any data or equipment (including your Device), we are not responsible for those costs.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law in section 9 to 17 (as applicable to the Products we supply) of the Consumer Rights Act 2015; in section 28 and 29 of the Consumer Rights Act 2015 (delivery of goods and passing of risk); and defective products under the Consumer Protection Act 1987.
Except for death or personal injury caused by our negligence, to the extent permitted by law, our liability under or in connection with any Contract shall in no circumstances exceed the invoice value for that Contract.
Our liability will not be limited in circumstances where it would be unlawful to do so.
The Parties cannot be held liable if the non-performance or the delay in the performance of any of their obligations, as described in these Terms and Conditions, results from a "force majeure" event.
WELTON LONDON may have to suspend performance of the contract between us if we are unable to perform our obligations due to any act, event or non-happening, omission or accident outside our reasonable control that constitutes "force majeure" which includes: Strikes, lock-outs or other industrial action by third parties; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Failure of public or private telecommunications networks; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; The acts, decrees, legislation, regulations or restrictions of any government; or any failure or service outage that falls outside our control.
The party acknowledging the force majeure event shall, without delay and in writing, inform the other party of its inability to fulfil its obligation and justify it to the other party. The Parties agree that they must negotiate as soon as possible to jointly determine ways of performing the order during the term of the force majeure event. The suspension of the obligations shall under no circumstance give rise to liability nor incur the payment of damages, interest or delay-related penalties. If the force majeure event lasts for longer than thirty (30) days WELTON LONDON shall be allowed not to honour the order. Where applicable, the sums paid by the Customer for their order will be refunded.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors' fees, resulting from any third-party claim, action, or demand resulting from your unlawful use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
You agree to fully indemnify, and keep indemnified, us, our officers, directors, employees, agents and suppliers immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of the use of these Terms or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using your personal information.
Damage to your computer
We make every effort to ensure that this Site is free from viruses or defects. We do not guarantee that your use of this Site or any websites accessible through it is free from bugs or viruses. You are accessing our site at your own risk and, to the extent permitted by law, we will not be liable for any loss or damage suffered by you as a result of viruses or other harmful material which you access from our site. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it.
Your Account and Password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You must notify us immediately in the event a third party gains access to your user identification code or password. We have the right to disable any user identification code or password at any time if in our opinion you have failed to comply with any of the provisions of these Terms.
Ownership Rights and Intellectual Property
The owner, publisher of the Site is the company WELTON DESIGN (UK) LTD, trading under the name WELTON LONDON, registered in the UK under the number 0440 3282, whose headquarter is located at 66 Prescot Street, London E1 8NN.
WELTON DESIGN (UK) LTD owns all rights, title and interest in and to this Site WELTON LONDON, including all copyrights for all material on this site or has a valid right from a third party to use the material (including but not limited to, the registered trademarks of Welton London, logos, images, icons, drawings, graphics, texts, photos, illustrations, newsletters) on this website.
WELTON LONDON is a wholly owned brand and trademark of WELTON DESIGN (UK) LTD.
Under no circumstance shall the Site or any part of the Site be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way for commercial purposes. This prohibition also includes framing any content from this site on another site, as well as unauthorized linking.
As a general rule, WELTON LONDON retains ownership of all intellectual property rights related to the photographs, presentations, brands, bottles, packaging and other distinctive signs appearing on the Site. You are therefore prohibited from reproducing or using any of the aforementioned rights and elements, without the express, prior written authorisation of WELTON LONDON, which may make it conditional on financial compensation.
Any modification or use of the materials from this site for any purpose not explicitly permitted is a violation of WELTON DESIGN (UK) LTD's copyright and other proprietary rights. Use of material from this site without WELTON LONDON’s prior written consent is strictly prohibited.
There may be third party sites which link to this Site. WELTON LONDON does not endorse any such site or the goods or services offered on such site. WELTON LONDON disclaims all responsibility for the accuracy of any of the information provided on such site and any goods or services provided or purchased from such site. WELTON DESIGN (UK) LTD shall not be held liable or responsible for the content of any sites which link to this site.
Accuracy of Information
We have made every effort to ensure the accuracy and timeliness of the information included on this site. However, information provided is subject to change at any time without prior notice. Accordingly, WELTON LONDON cannot absolutely guarantee the accuracy, completeness or timeliness of the information provided on this site.
To the extent permitted by applicable law, WELTON LONDON disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this Site, in any off-website materials, or in any linked websites.
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. We disclaim to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on the content on our Site by any visitor to our Site, or by anyone who may be informed of any of its contents.
Viruses, Hacking and Other Offences
You must not misuse or attack the Site by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, servers, or any other computer or database connected to our site.
By breaching this provision you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our Site will cease immediately.
You may use our Site only for lawful purposes.
You must not use our Site :
To breach any applicable local, national or international law or regulation.
For an unlawful or fraudulent purpose, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
o transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ('spam').
To knowingly transmit any data, or to send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You may use our Site only for lawful purposes.
You may not use our Site in any way : that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; to harm or attempt to harm minors in any way ; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below; to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ('spam'); or to knowingly transmit any data, or to send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Submission of Information
We decline any unsolicited suggestions or ideas. Any enquiries, feedback, suggestions, ideas or other information you provide to us ("Information") will be treated as non-confidential and non-proprietary. You hereby grant WELTON LONDON a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the Information in any form, media or technology and whether alone or as part of other works.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15 - WAIVER
If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16 - TRANSFER OF RIGHTS
We may transfer our rights and obligations under these Terms and Conditions to another organisation and we will always notify you in writing if this happens (but this will not affect your rights or our obligations under these Terms and Conditions). You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
17 - LAW JURISDICTION
This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
However, this does not affect the application of any provisions under the law of the EU state in which you reside which are mandatory.
We retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
Date of Last Update : February 2021