Please review these terms carefully, as these Terms & Conditions (the "Terms") govern your purchases on our website and constitute a binding legal agreement between you and Epitomical Limited, (herein also referred to as "Epitomical", "we" or "us"), the owner of the http://www.epitomical.com website (the "Website"). By ordering products, including products manufactured by Epitomical or its agents ("Products"), through the Website, you signify your acceptance of these Terms. These Terms set out your rights and obligations with respect to your purchases, including important limitations and exclusions.
All changes to these Terms are effective when posted on the Website.
1. Types of Sales.
Epitomical accepts orders for Products through the Website. You may place your order on our Website at any time (subject to any planned, unplanned downtime or limited product promotions and offerings). All Products ordered from the Website will be delivered to the address you specify. You must pay partially or in full for the Products purchased online at the time you place the order. If you entered a valid address and your order and payment are accepted by us, your order will be shipped pursuant to the terms below. Epitomical will send a proof of purchase of the Products to the email address you provide. In addition, Epitomical will provide the proof of purchase information through the Website after the purchase transaction is complete, so that you may print the information at the time you complete the order if desired. If you have any questions regarding the ordering process, please contact Epitomical Customer Care.
2. Prices and Taxes.
Prices offered on the Website are currently quoted in U.S Dollars, British Pounds or Euro. Our prices are inclusive of Duty and Taxes for purchases within the EU. For sales to other countries, such prices may not include sales taxes where applicable. You are responsible for any sales, use, excise, value added, or similar sales taxes, customs duties and brokerage fees that may apply to your order. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Website or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order, notify you through the contact information you provided during the order process, and refund to you the amount that you paid, regardless of how the error occurred.
3. Payment Methods.
Epitomical allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order. You may pay by credit, or debit card. When you provide Epitomical with your card information, and authorize the transaction, Epitomical will bill your credit card or process the transaction under your debit card you provided. This may be a partial payment with full order value authorization for 'build to order' orders or a total order value authorization and payment for standard orders. Also, for 'Build to Order', Epitomical may bill your credit card or process the transaction under your debit card in two separate partial transactions. This would typically be split in to two instances of 35% and 65% but can very by product, promotions, or future changes in the policies. Once your order has been accepted by the Website and the amount owed is authorized by the issuing bank of your card, Epitomical will send you confirmation to the email address you provided indicating that your order has been accepted ("Order Confirmation"). Epitomical accepts American Express, MasterCard, and Visa (subject to change without notice) with a billing address within the European Union and numerous other countries around the world. Debit cards have daily spending limits that may substantially delay the processing of your order.
The Website requires the security code of your card for any online purchase to protect against the unauthorized use of your card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard). You represent and warrant that you have the right and are authorized to use the credit or debit card you present to purchase Products and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit or debit card, or your credit or debit card issuer does not pay Epitomical for charges, Epitomical reserves the right to immediately suspend or terminate the fulfillment of your order.
4. Built to Order.
For orders placed under a Built to Order purchase, Epitomical may at the time of purchase authorise the buyers card for the full purchase amount. In addition, 35% or more of the total order value will be processed and debited or charged to the purchasers debit or credit card.
The remaining balance will be charged when the item(s) leave the factory for delivery to the purchaser. The build to order purchase works in a batch manufacturing model where Epitomical will await a certain volume of orders prior to sending the total volume of orders to manufacturing for production of the goods. If for any batch the volume of orders are not reached then Epitomical reserves the right to cancel all batch specific orders and will refund the transaction value of 35% (or more or less if applicable minus any non-recoverable costs). The purchaser may at any time cancel their order prior to the full transaction amount being charged or debited. At any period after this, the purchaser will need to await the receipt of goods and request an RMA from Epitomical.
Epitomical has no control over the time it takes for the company to receive the required volume of orders to then send to manufacturing. Therefore, the purchaser acknowledges that there could be a period of time until the required volume is reached.
Product Descriptions
We attempt to describe and display the items offered on the Website as accurately as possible; however, we do not warrant that the descriptions or other content on the Website are accurate, complete, reliable, current or error-free. Unless you are provided with information to the contrary from us and subject to Product Warranties all Product sales are subject to our Cancellations and Returns Policy. Hyperlink to cancellations and returns.
5. Payment Disputes.
Subject to our Warranty, if you dispute any charge for purchases of Products on the Website, you must notify Epitomical in writing within sixty (60) days of any such charge; failure to notify Epitomical shall result in the waiver by you of any claim relating to such disputed charge; and charges shall be calculated solely based on records maintained by Epitomical.
6. Changes.
In the event Epitomical agrees to a modification of a Product purchase transaction, Epitomical may revise prices, dates of delivery, and warranties with respect thereto.
7. Shipment and Delivery.
You must pay for Product shipping costs to your designated locations within the ordering process prior to shipment of such Products. Accepted orders will be processed and Products will be shipped to valid physical addresses. Exact shipping dates are unknown at the time you place the order (unless displayed during your check out process or subsequent communication from us) and may exceed 30 days after your order is accepted. Epitomical will notify you if any order is estimated to take longer than 90 days to ship from the time the order is placed by you and accepted by Epitomical. In such circumstances, Epitomical will include in the notice your options as it relates to the order for Products that take longer than 90 days to ship. Products may be shipped by Epitomical or direct from one of our independent contractors. All claims of shortages or damages suffered in transit must be submitted directly to the Epitomical within the Warranty period.
Epitomical reserves the right to make partial shipments. Epitomical is not bound to deliver any Products for which you have not provided shipping instructions, which include a valid email and phone number where you may be reached. Products may not be returned without the prior written consent of Epitomical through our RMA process.
8. Inspection.
Subject to the Warranty, Products are accepted by you no later than the thirtieth (30th) day following delivery of Products unless the parties otherwise agree in writing; after acceptance is deemed completed, you waive any right to reject Products for nonconformity herewith.
9. Applicability of the Privacy Policy.
You agree and understand that it is necessary for Epitomical to collect, process and use the information you submit to Epitomical in order to sell Products and confirm compliance with applicable laws in respect of your transaction. Epitomical will protect your information in accordance with its Privacy Policy (the "Privacy Policy").
10. 30-DAY SATISFACTION GUARANTEE ("Guarantee").
If you are unsatisfied with your purchase from Epitomical for any reason, you have thirty (30) days from receiving the ordered items to request a refund. To qualify for a replacement or refund, all the following conditions must be met:
Epitomical may bear the cost of return shipping to Epitomical only if the Product is shipped within the 30-Days from order.
Epitomical will offer you one of the following options upon receipt and verification of returned product:
If you return Product to Epitomical (a) without an RMA request or (b) without all parts included in the original package or (c) without the Epitomical RMA shipping label or (d) with multiple products in one return package; Epitomical retains the right to either refuse delivery of such return or refuse replacement or refund.
1. Limitation of Liability.
(A) IN NO EVENT WILL EPITOMICAL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED, CLAIMS OF ANY THIRD PARTIES, OR ANY OTHER DAMAGES ARISING FROM EPITOMICAL'S BREACH OF THIS AGREEMENT, INCLUDING THE LIMITED WARRANTY, OR THE USE OF THE PRODUCT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF EPITOMICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (B) IN NO EVENT WILL EPITOMICAL'S TOTAL CUMULATIVE LIABILITY EXCEED THE PRICE PAID BY YOU FOR THE PRODUCT PURCHASED BY YOU.
Some regions do not allow the exclusion or limitation of incidental or consequential or other damages, so the above limitation or exclusion may not apply to you.
2. Indemnification.
Except to the extent a claim arises out of Epitomical's fraud or willful misconduct, you agree to defend, indemnify and hold harmless Epitomical, its members, affiliates, partners, and their officers, directors, partners, shareholders agents, licensees and employees (cumulatively "Epitomical Indemnitees") from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney's fees that may, at any time, arise from or relate to any Products purchased through our Website, including, without limitation, for any causes of action arising from your misuse of the Products.
3. Excuse of Performance.
Epitomical shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of Epitomical or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
4. Governing Law; Dispute Resolution.
These Terms are governed by the laws of England & Wales, without giving effect to its conflict of law rules, and you agree to the exclusive jurisdiction to the English Courts, and waive any objection to such jurisdiction or venue. In the event of a dispute or controversy between Epitomical and you arising out of or in connection with your purchase, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties shall be free to pursue any right or remedy available to them under applicable law. The application of the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
5. Export Control.
You may not use or otherwise export or re-export the Products purchased via the Website except as authorized by the laws of the jurisdiction in which the Products were obtained. In particular, but without limitation, the Products may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any UK-embargoed countries. By using the Website, you represent that you are not located in any country or on any list where the provision of Product to you would violate applicable law. You also agree that you will not use Products for any purposes prohibited by applicable law.
6. General Provisions.
These Terms constitute the entire agreement between the parties and supersedes all other communications between the parties relating to the subject matter of the Terms. The Terms may be amended, modified, or supplemented only in a writing signed by both parties. No waiver by either party of a breach hereof shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver is expressed in writing signed by both parties. The rights that accrue to Epitomical by virtue of these Terms shall inure to the benefit of Epitomical's successors and assigns. Other terms may govern services purchased from Epitomical. Please Contact Us or review those terms as presented on the Website or as otherwise provided to you by Epitomical.
7. Notices.
Epitomical may give you all notices (including legal process) that Epitomical is required to give by any lawful method, including by posting notice on the Website or by sending it to any email or mailing address that you provide to Epitomical. You agree to check for notices posted on the Website. You agree to send Epitomical any notice by mailing it to Epitomical's address for legal notices which is: Epitomical Limited, 3000 Cathedral Hill, Guildford, Surrey, GU2 7YB, United Kingdom. Attention: Legal Counsel.
*PLEASE NOTE: All returned Products must follow the RMA return process above, and not shipped to the Notice address in this section.
