Terms & Conditions

OVERVIEW

www.averlondon.com is operated by Glaisher & Ames Ltd T/A Aver. Any reference to the pronouns “we”, “us” and “our” refer to Glaisher & Ames Ltd T/A Aver. Glaisher & Ames Ltd T/A Aver is a registered company in England and Wales with company number 11573129 and VAT number 313188715, and whose registered office is at 5 Warfield Road, London, United Kingdom, NW10 5LA.

For all information on orders and any other queries please contact info@averlondon.com. We aim to answer all queries within 24 hours.

1. USE OF WEBSITE

These are the terms and conditions on which we supply products to you, and on which you may use our website (“Terms”). Please read the Terms carefully before placing any orders. We recommend that you keep a copy of the Terms for future reference.

In particular, these Terms contain our terms of purchase, which you should review before ordering from us.

You should refer to our Privacy Policy for information about how we use your personal data. If you are under 13 you must let your parent or guardian know about our Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 years of age.

You will be required to accept and agree to these Terms each time you make an order from our website. Each time you accept these Terms and place an order, a new contract will be formed between you and us in respect of the goods you have purchased in your order. Whilst we reserve the right to modify the Terms at our discretion, we will not make any modifications to the Terms as they apply to each contract for orders already accepted. Please review the Terms on a regular basis, should you disagree with any component of said Terms, you must stop using the website immediately and should not place an order with us.

As a consumer you have rights provided by law. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

You confirm that the information that you provide when you register is true, accurate, current, and complete. Should any of your registration information change, we must be notified immediately. We reserve the right to change our registration criteria.

We may change, withdraw, or suspend access to the website (in whole or in part and permanently or temporarily) with or without notice and with no liability to you (although without prejudice to any existing order that you have placed with us and we have accepted).

We are not liable for any of the information and/or content of 3rd party websites that can be found via links on our website.

We are not responsible/liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the website. You agree to be responsible for your use of the website.

Any material that you upload to the website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. We also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy. We have the right to remove any material or posting you make on the website at our sole discretion.

2. ORDERS

You agree that your order is an offer to purchase the product(s) listed in your order to us on the Terms. All orders are subject to our acceptance, and availability of the products listed. Items that are placed in your shopping basket are not reserved and are available for purchase by other customers. We reserve the right to refuse your order at our discretion. We may choose to do so should you fail to meet any of the eligibility criteria set out within these Terms, if the item ordered is out of stock, if the item does not pass quality control, or if your payment has not been authorised, or if we are otherwise unable to accept your order.

We will not be liable to you or any third party by reason of our withdrawing any products from the Site whether that product has been sold, removed for editing or if we choose to unwind/suspend a transaction after processing has started.

The packaging of the product may vary from that shown in images on our website.

Following your order being placed, you will receive an order acknowledgement email. This does not determine an acceptance of your order and will only include your order number, delivery details and a summary of the product(s) ordered. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

When placing an order for the first time, you may be required to or may be offered the option to register with us by providing certain requested information on the order form. Where we ask you to provide and use identifiers and passwords to access restricted parts of the website, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You must not disclose them to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details above.

You will only be charged for products once they have been dispatched for delivery.

3. PRICES

Prices shown on the Site are in GBP, and are inclusive of VAT. Prices do not include delivery costs, these will be clearly displayed at checkout.

All prices and offers remain valid as advertised from time to time. The price of a product displayed on the website at the time the order is accepted will be honoured, except in cases of obvious error.

If you are a customer whose credit/debit card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. All orders are placed with Glaisher & Ames Ltd T/A Aver, which is a UK entity. Your card issuer or payment method provider may therefore apply other international bank charges. We have no control and cannot predict the amount of these charges. Please contact your issuing bank before placing your order if this applies to you.

4. PAYMENT

Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta or MasterCard. Payment will be debited and cleared from your account at the point of dispatch.

By inputting the details you confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit 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.

To help ensure that your shopping experience is safe and secure, we use Total Processing (https://www.totalprocessing.com/) gateway services to absolve as much of the risk as possible of inputting your details online.

We reserve our right to cancel your purchase without prior notification (although we will let you know if this is the case as soon as possible). Examples of occasions we may choose to cancel your purchase are: your card details have been flagged by our fraud screening processes or are declined by our fraud screening processes.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but unless we have not taken reasonable steps (and for the avoidance of doubt all steps that may be required by law) to prevent such unauthorised access, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

  • Pay in 3
  • Pay Later

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

5. INSURANCE AND DELIVERY

Delivery services will be provided and determined by the shipping service chosen at time of purchase. The costs of delivery will be as displayed to you on our website.

We will deliver the product(s) to you in line with the delivery option chosen when you checkout on our website.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

The transfer of ownership of any products purchased by you, will occur on the date on which we receive full payment for those products.

Your goods are not insured during their time in transit. We are responsible for the products until they have been received. The products will be your responsibility from the time we deliver the product to the address you gave us. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment of the transaction. After such a time the responsibility of the goods transfers to you.

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to collect the products from a local depot.

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply: (a) we have refused to deliver the products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential.

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so in accordance with the paragraph above, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, fill out the return label included within your order and post the product(s) back to us at Aver, c/o PA Packaging Solutions Limited, Benwick Road Industrial Estate, Benwick Road, Whittlesey, PE7 2HD. We will refund the cost of postage should your product(s) fall within the eligibility of rejected goods. Please refer to our Returns Policy. Please email customer services at info@averlondon.com for a return label in the event of loss or damage.

Each product purchased is subject to a separate contract with Glaisher & Ames Ltd T/A Aver and we are therefore entitled to supply only part of your order.

7. ENDING THE CONTRACT

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.

If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see the section headed “Your rights in respect of defective products”.

If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or

(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).

For most products bought online you have a legal right to change your mind within 14 days after delivery and receive a refund (although you will have to pay the costs of return of any goods). These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. You do not have the right to change your mind if the products have been unsealed after you receive them.

Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

7. HOW TO END THE CONTRACT

To end the contract with us, please email info@averlondon.com. Please provide all relevant information including your name, home address, details of the order and, where available, your phone number and email address.

If you end the contract with us for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or fill out the return label included within your order and post the product(s) back to us at Aver, c/o PA Packaging Solutions Limited, Benwick Road Industrial Estate, Benwick Road, Whittlesey, PE7 2HD. Please email customer services at info@averlondon.com for a return label in the event of loss or damage. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

We will pay the costs of return:

(a) if the products are faulty or misdescribed; or

(b) if you are ending the contract because we have told you of a change to the product or our terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

If you are exercising your right to change your mind:

i) We may reduce your refund of the price (excluding delivery costs) 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.

ii) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.

8. WHEN WE MAY END THE CONTRACT

We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

You must compensate us if you break the contract. If we end the contract, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract

We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

9. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS

If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your product is faulty, then you can get an immediate refund.

b) Up to six months: you may ask for the products you purchased to be replaced. If this is not possible, you will still be entitled to a full refund, in most cases.

c) Up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products You must either return the goods in person to where you bought them or fill out the return label included within your order and post the product(s) back to us at Aver, c/o PA Packaging Solutions Limited, Benwick Road Industrial Estate, Benwick Road, Whittlesey, PE7 2HD. Please email customer services at info@averlondon.com for a return label in the event of loss or damage.

10. INTELLECTUAL PROPERTY

All content (including but not limited to logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination of these) on the website is either owned by, or licensed to, us, and is protected by applicable copyright laws around the world. All such rights are reserved.

The AVER trade mark and all other trade names, service marks, brand names, business names, illustrations, logos, prints which appear on the products on the website or their packaging, whether registered or unregistered, are either ours or licensed to us and are protected by applicable trade mark laws. All such rights are reserved.

All other intellectual property in or connected to the website, our products, or any related packaging/marketing material, are either ours or licensed to us and such rights are protected by any applicable laws.

Your use of the website is solely granted as a consumer and we grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to its content including our software and all HTML and other code contained in this website. You are permitted to access and make personal use of the website but such use is limited, and does not include the right to:

i) use the website in any way which may prejudice or damage our reputation;

ii) use the website for any other purpose than has been granted in these Terms;

iii) reproduce or redistribute the website or any of its contents for commercial or business purposes;

iv) take any action that may impose an unreasonable burden or load on our IT infrastructure.

We cannot promise that the content of the website is accurate or error-free. We cannot promise that the functional aspects of the website will be error-free, or that the website, its content, nor the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

Opinions expressed by individuals on the website are the personal opinions of the authors and do not reflect the views of Glaisher & Ames Ltd T/A Aver. If you have a complaint about any posts please email info@averlondon.com.

12. LIMITS ON OUR LIABILITY

You have certain rights under the law in addition to those detailed above. Nothing in our Terms is intended to affect these rights.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.

13. DATA PROTECTION

By placing an order you agree and understand that we may store and process your personal data in accordance with our Privacy Policy. For details on how we use cookies, the type of information we collect, how we use your information and under what circumstances we disclose information, please see our Privacy Policy and Cookie Policy.

Competitions:

Should you be asked to subscribe or provide your contact information through any of our competitions, you are opting into being part of the Aver mailing list.You are able to unsubscribe from our mailing list at any time, however we reserve the right to exclude you from the competition if you are unsubscribed at the point the competition is closed. For details on how we use cookies, the type of information we collect, how we use your information and under what circumstances we disclose information, please see our Privacy Policy and Cookie Policy.

GRIND x AVER Sofa Sessions:

By submitting a review on our Grind x Aver sofa sessions, you are entering our competition and you are opting into the Aver mailing list. This allows us to carry out the competition. You are able to unsubscribe from our mailing list at any time, however we reserve the right to exclude you from the competition if you are unsubscribed at the point the competition is closed. For details on how we use cookies, the type of information we collect, how we use your information and under what circumstances we disclose information, please see our Privacy Policy and Cookie Policy.

14. ASSIGNMENT

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15. OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Glaisher & Ames Ltd T/A Aver as a result of the Terms or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Glasiher & Ames Ltd, and we shall not be liable for any representation, act, or omission on your part.

16. NO WAIVER

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17. SEVERANCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18. THIRD PARTIES

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

19. GOVERNING LAW AND JURISDICTION

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.