Terms & Conditions

This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You may wish to print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

Information about us

1. We operate on the website fragrancedbyellamay.com. We are Fragranced by Ella May registered as sole trader England & Wales. We operate form business address Bax Castle, Two Mile Ash Road, Horsham, Sussex, RH13 0LA.

Our Products

2. All details and descriptions of the Products appearing on our site are correct at the time of input. Although we aim to keep our site as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
3. The packaging of the Products may vary from that shown on images on our site.

Use of our site

4. We only use your personal information in accordance with our privacy policy. Please take the time to read our privacy, as it includes important terms which apply to you.

Purchasing our products as a consumer

5. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
6. To be eligible to order Products on our site and lawfully enter into and form contracts on our site under English law you must register by providing your real name, phone number, e-mail address, credit card details and other requested information. Purchases on our site can only be made by those individuals aged over 18 years of age who meet these terms of eligibility, who have been issued a valid credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their credit card in the amount of the total purchase price for any Products which they purchase. If you are underage, please do not attempt to order Products through our site.
7. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We reserve our rights in full to take any action we deem necessary against any person attempting to resell products bought on our site.

How the contract is formed between you and us

8. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
9. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. All orders are subject to acceptance in accordance with our order acknowledgement policy and are subject to availability. Our acceptance of your order will take place.
10. We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
11. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. However, if we are unable to process your order due to a Product being unavailable, we may give you the option of waiting until the Product becomes available, if you do not wish us to cancel your order.

Our right to vary these terms

12. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
13. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
14. We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
    changes in relevant laws and regulatory requirements; and
    changes to our business practice
15. If we have to revise these Terms as they apply to 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. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
16. Refusal of transaction
17. We reserve the right to withdraw any Products from our site at any time and/or remove, screen or edit any materials or content. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
18. We will not be liable to you or any third party by reason of:
    our withdrawing any Product from our site, whether or not that Product has been sold;
    removing, screening or materials or content; or editing any refusing to process a transaction, or suspending any transaction after processing has begun, provided we have not already provided you with a Dispatch Confirmation.
    refusing to process a transaction, or suspending any transaction after processing has begun, provided we have not already provided you with a Dispatch Confirmation
19. The eligibility to purchase Products on our site is limited to those parties who satisfy our eligibility criteria. By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions, in accordance with our privacy & cookie policy.

Returns Policy

20. We hope that you will be delighted with your purchase. However, if there is a problem, or if you have simply changed your mind as you are a consumer, our Returns Policy is in addition to, and does not affect, your legal rights in relation to
    Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
21. Your legal right of return and refund as a consumer
22. Fragranced by Ella May will NOT pay for your return’s courier/postage. This is for the consumer to organise. We recommend to post with royal mail signed for. We are not liable for any products lost in the post.
23. Returns will be accepted 14 days after you have received the item.
24. We have the right to refuse returned items.
25. In addition to our Returns Policy, where you buy products from us as a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 26. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
26. However, this cancellation right does not apply in the case of:
    Personalised Items
    any Products which become mixed inseparably with other items after their delivery.
27. Your legal right to cancel a Contract starts from the date of the Confirmation Email (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered. You can cancel your order before dispatch. Once this order has been dispatch you will need to return the items.
28. If you cancel your order we will:
    refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
29. We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
    After 14 day return period we will offer you a gift voucher to spend at www.fragrancedbyellamay.com.
30. If you have returned the Products to us under this clause 10 because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
31. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
32. We stand by the high quality of all our Products. Each Product will have been inspected prior to packing. If you have received any Products that are damaged or faulty, please accept our sincere apologies. Please see our Returns Policy for details of how to return any damaged or faulty Products. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this 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 in this clause 10 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

Delivery

33. We will arrange for your order to be delivered to you within the number of days following the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order) that is specified in our checkout. Occasionally our delivery to you may be affected by an Event Outside Our Control.
34. Delivery of an order shall be completed when we deliver the Products to the address you have given us, or you collect them from us or from a carrier organised by us, and the Products will be your responsibility from that time.
35. You own the Products once we have received payment in full, including all applicable delivery charges.
36. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our
37. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

How to pay

38. You may pay by Mastercard & Visa
39. Please be sure to provide your exact billing address and telephone number, which must be the same address and telephone number that your debit/credit card company has on file for you. Incorrect information may cause a delay in processing your order.
40. All debit/credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

Our policy

41. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence, fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.

Events outside our control

42. 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 33.
43. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation 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, or failure of public or private telecommunications networks.
44. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: We will contact you to notify you of this. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

Communication

45. When we refer, in these Terms, to “in writing”, this will include e-mail.
46. As you are a consumer you may contact us as described in clause 1.

Other important terms

47. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
48. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
49. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
50. 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.
51. If we fail to insist that you perform any of your obligations under these Terms, 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.
52. Pease note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.