Ashleigh and Burwood Limited – Online Terms of Sale

    1. Introduction

      1.1. These terms of sale (‘Terms’) apply to transactions which take place between Ashleigh and Burwood Limited (‘us’, ‘we’, ‘our’) and you, our customer or prospective customer (‘you’), for the sale and purchase of products through our website at https://www.ashleigh-burwood.co.uk/ (our ‘website’).

      1.2. Full details of our company, including our place(s) of business and contact information, are set out on our website.

      1.3. You will be asked to give your express agreement to these Terms before you place an order on our website.

      1.4. These Terms do not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

      1.5.We use your personal data as set out in our Privacy Notice.

    2. Order process

      2.1. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this section 2.

      2.2. To enter into a contract through our website to purchase products from us, the following steps must be taken

      a) You must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
      b) If you are a new customer, you must then create an account with us and log in;
      c) If you are an existing customer, you must enter your login details;
      d) Once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these Terms;
      e) You will be transferred to our payment service provider’s website, and our payment service provider will handle your payment;
      f) We will send you an initial acknowledgement to let you know we have received your order and that it is being processed (your order is not binding at this stage);
      g) Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. Once your order is confirmed, you will be contacted by the courier responsible for delivery of your ordered products; and
      h) Around 10 days after we complete the processing of your order, we will send you an email (via our Lipscore Review Platform) asking you to review our services and the products you bought.

      2.3. In the event you wish to amend the details of your order, please contact our sales support team by email at [email protected].

    1. Products and Prices

      3.1. Our website features a range of home fragrance products, which we may periodically change. We do not undertake to continue to supply any particular product or type of product.

      3.2. Prices are as quoted on our website. We reserve the right to alter our website prices from time to time, but this will not affect any contracts that have previously come into force. Whilst we make reasonable efforts to ensure the accuracy of our products, product colours may not exactly match that shown on your device and packaging may sometimes differ from that shown on our website.

      3.3. We can always change or suspend a product to (i) reflect changes in relevant laws and regulatory requirements, (ii) to make minor technical adjustments and improvements, including any which don’t affect your use of the product, or (iii) make other necessary changes to the product. If we suspend supply, we will notify you, unless the problem is urgent or an emergency. If we suspend the product we adjust the price so you don’t pay for it while its suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than 2 weeks you can contact our customer service team to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

      3.4. All amounts stated in these Terms or on our website are stated inclusive of VAT.

      3.5. It is possible that prices on the website may be incorrectly quoted. We will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force. We reserve the right to reject orders in the event of incorrect pricing.

      3.6. In addition to the price of the products, delivery charges may apply to your order, details of which are available here. Delivery charges are based on the products comprised in your submitted order, once paid for, and shall not apply at any earlier stage, including (for the avoidance of doubt) to any combination of products in your shopping cart prior to order submission and payment. 

    2. Payments

      4.1. You must, during the checkout process, pay the price(s) for the products you order.

      4.2. Payments may be made by any of the permitted methods currently specified on our website.

      4.3. If you fail to pay to us any amount due under these Terms, we may withhold the products ordered and/or cancel the contract of sale for the products and notify you of the same.

      4.4. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

      a) an amount equal to the amount of the charge-back;
      b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
      c) an administration fee of GBP 25.00 including VAT; and
      d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 4.4 (including without limitation legal fees and debt collection fees),

      and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 4.4.

    1. Deliveries

      5.1. Our policies and procedures relating to the delivery of products are set out in our Delivery Information document, details here.

      5.2. We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. Owing to the nature of our products, all deliveries are carried out by our designated specialist couriers. You may track the progress of your order by using the unique tracking number which will be provided to you once your order has been dispatched from our warehouse.

      5.3. We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

      5.4 Please note: We only deliver products to addresses on the UK mainland and certain postcodes in the UK Highlands & Offshore Islands and Northern Ireland, details of which you will find in our Delivery Information. We do not deliver to any other area(s).

    2. Distance contracts: cancellation right (consumers only)

      6.1. This Section 6 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

      6.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

      a)beginning upon the submission of your offer; and
      b) ending at the end of 30 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 30 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).

      6.3. Your legal right to cancel contracts only extends to 14 days after receipt of your product but our above goodwill offer is more generous and allows you the longer period of 30 days to exercise your rights, subject to your compliance with these Terms, including those set out in this section 6. This goodwill offer does not affect your legal rights if there is something wrong with your product.

      6.4. In order to withdraw an offer to contract or cancel a contract on the basis described in this section 6, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us by emailing [email protected]. To meet the cancellation deadline, it is sufficient for you to send us your cancellation request before the cancellation period has expired.

      6.5. If you cancel a contract on the basis described in this section 6, you must send the product (and any free gifts provided with it) back to us at Heritage House, Pool Road, West Molesey, KT8 2NU in accordance with the requirements of our Returns Policy. You must comply with your obligations referred to in this section 6 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products and send the product back to us, using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price.

      6.6. If you cancel an order in accordance with this section 6, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

      a)if you chose a method of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
      b) as otherwise provided in this section 6.

      6.7. If the value of the products returned by you is diminished by any amount as a result of the handling of those products in a way which would not be acceptable in-store, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount directly to us. For example, we may reduce your refund if the product’s condition is not “as new”, price tags have been removed, the packaging is damaged or if accessories are missing. In some cases, because of the way you have treated the product, you may not be entitled to a refund.

      6.8. We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

      6.9. Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this section 6 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

      6.10. You will not have any right to cancel a contract as described in this section 6 insofar as the contract relates to:

      a) the supply of goods which are liable to deteriorate or expire rapidly;
      b) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;
      c) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or
      d) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

    3. Warranties and representations

      7.1. You warrant and represent to us that:

      a) you are legally capable of entering into binding contracts;
      b) you have full authority, power and capacity to agree to these Terms;
      c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
      d) you will be able to take delivery of the products in accordance with these Terms and our Delivery Information.

      7.2. We warrant to you that:

      a) we have the right to sell the products that you buy;
      b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these Terms;
      c) you shall enjoy quiet possession of the products you buy, except as specified in these Terms;
      d) the products you buy will correspond to any description published on our website; and
      e) the products you buy will be of satisfactory quality.

      7.3. All of our warranties and representations relating to the supply of products are set out in these Terms. To the maximum extent permitted by applicable law and subject to Section 1, all other warranties and representations are expressly excluded.

    4. Limitations and exclusions of liability

      8.1. Nothing in these Terms will:

      a) limit or exclude any liability for death or personal injury resulting from negligence;
      b) limit or exclude any liability for fraud or fraudulent misrepresentation
      c) limit any liabilities in any way that is not permitted under applicable law; or
      d) exclude any liabilities that may not be excluded under applicable law,

      and, if you are a consumer, your statutory rights will not be excluded or limited by these Terms, except to the extent permitted by law.

      8.2. The limitations and exclusions of liability set out in this section 8 and elsewhere in these Terms:

      a) are subject to section 1, and
      b) govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.

      8.3. We will not be liable to you in respect of any losses (i) arising out of any event or events beyond our reasonable control, (ii) where it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable), and/or (iii) resulting from something you could have avoided by taking reasonable action, including following our reasonable instructions for use. If our supply of your product is delayed by an event outside our control, we will let you know and do what we can to reduce the delay. As long as we do this, you won’t be compensated for the delay, but if the delay is likely to be substantial you can contact our customer service team at [email protected] to end the contract and receive a refund for any products you have paid for, but not received, less reasonable costs we have already incurred.

      8.4. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

      8.5. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity and you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

      8.6. Our aggregate liability to you in respect of any contract to purchase products from us under these Terms shall not exceed 150% of the total amount paid and payable to us under the contract.

    5. Order cancellation

      9.1. We may cancel a contract under these Terms immediately, by giving you written notice of termination, if:

      a) you fail to pay, on time and in full, any amount due to us under that contract;
      b) you commit any material breach of that contract;
      c) you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or
      d) you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us.

      9.2. You may cancel a contract under these Terms immediately, by giving us written notice of termination, if we commit any material breach of that contract.

      9.3. We may cancel a contract under these Terms by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

    6. Consequences of order cancellation

      10.1 If a contract under these Terms is cancelled in accordance with section 9:

      (a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
      (b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
      (c) all the other provisions of these Terms will cease to have effect, except that sections 1.4, 4.4, 8, 13, 14, 15, 16, 17 and 18 will survive termination and continue in effect indefinitely.

    7. Scope

      11.1. These Terms shall not constitute or effect any assignment or licence of any intellectual property rights.

      11.2. These Terms shall not govern the licensing of works (including software and literary works) comprised or stored in products.

      11.3. These Terms shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

    8. Variation

      12.1. We may revise these Terms from time to time by publishing a new version on our website.

      12.2. A revision of these Terms will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

    9.  Assignment

      13.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these Terms.

      13.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

    10. No waivers

      14.1. No breach of any provision of a contract under these Terms will be waived except with the express written consent of the party not in breach.

      14.2. No waiver of any breach of any provision of a contract under these Terms shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

    11.  Severability

      15.1. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

      15.2. If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

    12. Third party rights

      16.1. A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

      16.2. The exercise of the parties’ rights under a contract under these Terms is not subject to the consent of any third party.

    13. Entire agreement

      17.1 Subject to section 1, these Terms, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
    14. Law and jurisdiction

      18.1. These Terms shall be governed by and construed in accordance with English law.

      18.2. You can bring claims against us in the English courts or, if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

    15. Statutory and regulatory disclosures

      19.1. We will not file a copy of these Terms specifically in relation to each user or customer and, if we update these Terms, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these Terms for future reference.

      19.2. These Terms are available in the English language only.

      19.3. Our VAT number is 608 9959 81.

Rewards & Offers – Further Information

Special Offers

These are special offers such as ‘buy one get one free’ deals on specific products. These offers are normally accessible from the product page itself. As long as you have selected to receive our emails, you will be kept informed by email of all Ashleigh & Burwood Special Offers so that you don’t miss out.

Discount Codes

From time to time, we offer our customers the chance to purchase certain products on our website at special prices. Below are the offers that we’re currently running. Ashleigh & Burwood reserve the right to amend or remove these offers at any time.

25% OFF CODE WITH NEWSLETTER SIGN UP

  • Sign up to our newsletter and receive a 25% off voucher code to apply at the checkout on your next purchase.
  • Offer available online at www.ashleigh-burwood.co.uk
  • Discount code can only be applied to full-priced items and can only be used once. There is no time limit on when this can be used.
  • Any refunds will take this offer into account
  • This offer cannot be applied retrospectively to previous orders
  • Offer subject to availability, while stocks last.
  • Ashleigh & Burwood reserve the right to amend or remove this offer at any time.
  • Not to be used in conjunction with any other promotion or discount code

25% OFF FRAGRANCES OF THE WEEK

  • Each week from Monday-Sunday, save 25% on our chosen Lamp Fragrance of the Week and Reed Diffuser Refill of the Week.
  • Offer available online at www.ashleigh-burwood.co.uk
  • Discount codes cannot be used on Fragrance of the Week products.
  • Any refunds will take this offer into account
  • This offer cannot be applied retrospectively to previous orders
  • Offer subject to availability, while stocks last.
  • Ashleigh & Burwood reserve the right to amend or remove this offer at any time.
  • Not to be used in conjunction with any other promotion or discount code

25% OFF VOUCHER BIRTHDAY MONTH

  • Ensure you’re signed up to our newsletter to receive a unique 25% off birthday voucher code to apply at the checkout.
  • Discount code will be emailed to newsletter subscribers at the beginning of their birthday month or upon signing up within their birthday month.
  • Offer available online at www.ashleigh-burwood.co.uk
  • Discount code can only be applied to full-priced items and can only be used once during your birthday month
  • Any refunds will take this offer into account
  • This offer cannot be applied retrospectively to previous orders
  • Offer subject to availability, while stocks last.
  • Ashleigh & Burwood reserve the right to amend or remove this offer at any time.
  • Not to be used in conjunction with any other promotion or discount code 

SAVE 15% WHEN YOU SPEND £45 OR MORE IN A SINGLE ORDER

  • Spend £45 in a single order (excl shipping costs) and get 15% off your order with the code FEB15 at checkout.
  • Offer valid on our website from February 16th to February 29th inclusive.
  • Items can only be shipped to a UK address. 
  • This offer cannot be applied retrospectively to previous orders
  • Ashleigh & Burwood reserves the right to stop or change this offer at any time. 
  • Offer subject to availability, while stocks last. 
  • Any refunds will take this offer into account
 

Gift Vouchers

We may email you with Gift Vouchers to give you set amount of money off your final basket total for an order as part of a special offer. You can use a Gift Voucher on multiple orders until all of the money has been used. Once the value of the Gift Voucher has been reduced to 0 it will become inactive. Gift Vouchers will expire 36 months (3 years) after the creation date. You cannot use more than 1 Gift Voucher on any 1 order and they cannot be used in conjunction with Loyalty Point Redemptions or other Discount Codes.

Free Delivery

Free delivery on Mainland UK orders over £50. Qualifying orders will be shipped as per our standard delivery method. Shipping costs on the checkout page will show as £0.00 for qualifying orders. It is still possible to select Express Delivery but this will be chargeable at the normal rate.

Testimonials and / or Feedback

If you submit a testimonial and / or feedback to us using our testimonials form, contact us form, product review form or via email or otherwise, then you agree that we may publish your testimonial and / or feedback, together with your name and any other information that you submit using the form(s) or email(s) or otherwise, on this website (and on any successor website that we may operate from time to time), on such page and in such position as we may determine in our sole discretion.

You further agree that we may edit the testimonial and / or feedback and publish edited or partial versions of the testimonial and / or feedback. However, we will never edit a testimonial and / or feedback in such a way as to create a misleading impression of your views or display any information that we feel could be deemed ‘personally identifiable’. You may have us remove your content by giving to us 30 days’ written notice of termination.

Customer Complaints

If you wish to register a complaint please use our contact details at the bottom of this page. Or use the Contact Us form to log your complaint.