Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
These terms and conditions were last updated on 17 February 2018. Use of Our website, catalogues or other promotional material and the sale and purchase of goods from either the website, over the telephone or by any other way in which you make contact to give an order are governed by our terms and conditions as set pout below. By placing an order on our website, over the telephone or by any other means in which you make contact to give the order, you are agreeing to our latest set of terms and conditions. “We” or “Our” means at our boutique at Hewitts Farm / or www.stemsandson.com “You” or “Your” means the person accessing, using or ordering our website, or contact us over the telephone or by other means to attain information or make an order.
Stems and Son is a trading name within Ebony and Ivory Interiors Ltd a company registered in England and Wales. Company Number: 08393663. Registered Office Address: 59 Yester Road, Chislehurst, Kent, BR7 5HN
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Ebony and Ivory Interiors Ltd. The collective work includes works that are licensed Ebony and Ivory Interiors Ltd. Copyright 2003, Ebony and Ivory Interiors Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Stems & Son or purchasing Stems & Son products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Stems & Son or to purchase Stems & Son products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by Stems & Son. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Stems & Son disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Stems & Son does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Stems & Son does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Stems & Son shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Stems & Son has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Stems & Son product is mistakenly listed at an incorrect price, Stems & Son reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Stems & Son reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Stems & Son shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your ccessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Stems & Son without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Stems & Son may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Stems & Son.
Your use of this site shall be governed in all respects by the laws of the United Kingdom, without regard too choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Stems & Son products) must be commenced within one (1) month after the claim or cause of action arises. Stems & Son failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Stems & Son may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Stems & Son or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Stems & Son does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Stems & Son is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Stems & Son reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Stems & Son in its sole discretion.
You agree to indemnify, defend, and hold harmless Stems & Son, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Stems & Son may link to sites operated by third parties. However, even if the third party is affiliated with Stems & Son has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Stems & Son. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Stems & Son seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
On delivery of your consignment you must check to ensure the packaging is not damaged, if it is damaged you must ensure the delivery agent records the damage on his tablet / documents, releasing you from the liability of damage products. You should contact Stems and Son immediately and supply a photo of the damaged box / items, allowing Stems and Son to supply you with a new product and put a claim against the courier company.
If you have purchased an item within 14 days and are not happy with it, please email firstname.lastname@example.org to receive details of how to make a return. You will need to return the item, unused, in its original packaging and in a resalable condition, to the returns address shown on our contact page enclosing your order confirmation and quoting the returns number you have been given. Once the item has been received and checked, your refund will be processed within 14 days of receipt. We will refund the purchase price but not any delivery costs incurred by us in sending the order to you or incurred by you in returning the goods to us. Please note we will not be responsible for items lost in transit during return, even if the service is provided by our courier service. However, we will endeavour to claim on the customer’s behalf if our courier is used. Refunds are processed by the original payment method, if the card has expired, we will offer a selection of PayPal or bank transfer as an alternative.
Cancellation by Stems & Son
We reserve the right to cancel the contract between us if we have insufficient stock to deliver the goods you have ordered.
1. We do not deliver in your area.2. One or more of the goods you ordered was listed as the incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
3. If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
4.We will not be obliged to offer any additional compensation for consequential loss or disappointment suffered.
Please see our delivery page for latest charges. Our aim is to deliver all orders within the specified times once receipt of payment has been confirmed. All deliveries are subject to stock availability and security checks. Delivery will be made to the address provided. If the product is paid for by PayPal it will be delivered to the address which is registered with PayPal. The site is unable to change the address due to PayPal’s security policy. Whist we will make every effort to deliver within the time stated on our website, we will not be liable for any loss caused to you by late delivery or for late deliveries as a result of Courier actions which are beyond our control. Please contact us at email@example.com as soon as possible if you do not receive your goods within a reasonable time. We will endeavour to get your goods to you as soon as possible or you may cancel your order. You will be refunded once the goods have been returned to us in good order or classified as lost by the courier company. We will attempt to deliver your order to the delivery address stated on your order form. If products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we shall refund the price of the products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by the courier company for returning the goods to us. If we have to re-dispatch the order, if it has been returned to us, for reasons outside of our control there may be a charge. If a customer requires a parcel to be redirected because a wrong address has been given, there will be a redirect charge. If the products we deliver to you are damaged or we have sent you the incorrect goods or quantity, please contact us within seven (7) days of delivery at firstname.lastname@example.org. Please do not sign for any packages that are damaged or opened.
If the goods we deliver to you are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at email@example.com within 5 working days of the delivery of the goods in question. If you do not receive the goods ordered within the date specified on the website we shall have no liability unless you notify us at firstname.lastname@example.org within 14 days of ordering the goods. If you notify a problem to us under the above two requirements, our only obligation will be, at your option: To make good any shortage or non-delivery. To replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question in whatever way we choose. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expense (including loss of profits business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site. The importation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. Nothing in these Conditions is intended to limit any rights you may have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude liability for any death or personal injury resulting from our negligence.
Prices, description and availability of goods
All prices are shown in GBP (pounds sterling). All goods are sold subject to availability. Both price and availability are subject to change without notice, hence and subsequent purchases of the same product cannot be guaranteed at the same price. The availability of the Goods that you wish to order is indicted on the “Arrangements Page”.
This is an indication of availability only and is not a guarantee that the Goods are available at the time at which you order them. If, after you submit your order, the Goods that you have ordered are still not available, we will either substitute the Goods for a similar item of equal or greater value, or issue a refund for the out of stock item.
Whilst we take the utmost care to ensure the product descriptions, pictures, information and prices are accurate we do not accept liability for any inaccuracies, errors or omissions. Despite our best efforts, a small number of the items displayed on our site maybe mispriced. No contract exists between you and our merchant partner for the sale by our merchant partner to you or any product unless and until our merchant partner accepts the order. Payment for an order is not considered as acceptance of an order. Our merchant partner aim to verify prices as part of their payment processing procedures. Orders are accepted at our merchant partners’ sole discretion and we and our merchant partners maintain the right to decline orders without giving an explanation.
Colours may vary slightly from those shown on the website due to the limitations of internet technology and the conditions under which the photographs were taken. Product pictures are shown for illustration purposes only and should not be used as an exact view of the finished product.
Please see the Delivery section below for details of our charges. Prices of some brands may vary between certain territories.
All prices displayed are inclusive of VAT.
Privacy and Security
We will treat your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below.) We will keep it on a secure server and we will fully comply with all applicable UK data protection and consumer legislation from time to time in place. When you shop on the Site we will ask you to input and will collect personal information from you, examples being name, address, email address, telephone number, credit card details and passwords. We use your personal information for the following purposes: Processing your orders; For statistical or survey purposes to improve our services to you; To serve website content and advertisements to you; To administer the website; To inform you of any new products. You agree that you do not object to us contacting you for any of the above purposes and you do not consider it to breach any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations. If you do wish to unsubscribe from our mailing list simply click on the unsubscribe link at the bottom of every marketing email and you will be opted out of all email communications. We will take great care to ensure that you are able to purchase products from the Site with complete confidence. Please note your communication with our service is secure using 128 bit Secure Socket Layer (SSL) technology where supported by your browser. This means your personal details including payment details, are encrypted when transmitting to us. To ensure the privacy of yur payment details, when you ‘proceed to checkout’, secure pages are indicated by the address on the Address/Location bar changing from http:// to https:// and a padlock in the bottom right hand status bar of your web browser. It is your responsibility to check that these features appear to ensure a secure page. We do not keep any credit card details on file ourselves.
Should you have a complaint with the service or product please contact customer service using the contact form on the CONTACT page.
£9.95 for our express next working day service up to 10kg (if ordered before 12 noon).
After 12 noon your consignment will be delivered the following working day.
Weekend orders will be delivered on the next working day.
Free Delivery for all Existing Local Account Customers – (Delivered with our own vans)