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Amara.com's Terms and Conditions

Last updated: 16 June 2014

Definitions

‘Amara Living’ means Amara Living Limited (Company Number 05348182)

‘Conditions’ means these terms and conditions

‘Site’ means the website of Amara Living

Website usage terms and conditions

1. Access

1.1   You are provided with access to this Site in accordance with these Conditions and any orders placed must strictly be placed in accordance with these Conditions

1.1.1   We are Amara Living and we own and operate this Site

1.1.2   Your use of the Site is subject to these Conditions. By using the Site, you will be deemed to have accepted and agreed to be bound by these Conditions.

1.2   We provide the Site on an ‘as is’ basis and make no representations as to the quality completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law we exclude:

1.2.1   All conditions, warranties and other terms that might otherwise be implied by law into these Conditions

1.2.2   Any and all liability to you, whether arising out of these Conditions or otherwise in connection with use of the Site.

Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, in particular none of the clauses are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.

2. Our rights

We reserve the right to:

2.1   Modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you.

2.2   Restrict your access to the Site or part of it. If we grant you access to a restricted part of the Site we may withdraw permission at any time.

2.3   Make changes to our Conditions from time to time. We will notify you of these changes of use by posting the revised versions of these Conditions on the Site. You can determine when we last changed these Conditions by the ‘Last updated’ statement above.

2.4   Protect our intellectual property right in the Site, including all of the text, pictures, videos and other content made available on the Site. You may not make copies of such content without our prior written permission.

3. Use

Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes, unless our written permission is given. Your use of the Site is conditional upon the rules set out in these Conditions and you agree that you will not:

3.1   use the Site for any fraudulent or unlawful purpose;

3.2   use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others privacy rights or rights of publicity;

3.3.   impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;

3.4   interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;

3.5   transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software of equipment;

3.6   remove any copyright, trade mark, or other propriety rights notices from the Site or materials originating from the Site;

3.7   frame or mirror any part of the Site without our express prior written consent;

3.8   reproduce the presentation of the Site.

4. Third party links

4.1   To provide suggestions or easier use we may provide links to other websites. You acknowledge and agree that we are not responsible for and do not endorse such external websites or resources. Your use of the third party websites is at your own risk.

5. Privacy and Security

5.1   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.

5.2   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.

5.3   We use your personal information for the following purposes:

5.3.1   Processing your orders;

5.3.2   For statistical or survey purposes to improve our services to you;

5.3.3   To serve website content and advertisements to you;

5.3.4   To administer the website;

5.3.5   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. For any more information, please contact customerservices@amara.com or call the team here at 0800 587 7645

5.4   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.

5.5   To ensure the privacy of your 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.

5.6   We do not keep any credit card details on file ourselves. If you choose to save your payment details with us we use a trusted 3rd party (Cybersource, owned by Visa). Cybersource stores them on our behalf, and we are not able to access the full card details.

6. Cookies

6.1   Cookies are tiny text files that are stored on your computer when you visit a website. They help to make the Site run smoothly and allow us to provide the best service possible, here's a breakdown of the cookies that we use and how they benefit you:

Essential These cookies are essential for the use of the Site, they allow us to store the contents of your cart and process your orders among other things.

Functionality These provide you with a better service by remembering your cart, login details, viewed products and other things.

Third party performance These provide you with tailored product recommendations and Site search. Third party performances are by Locayta Limited, who performs our site searches.

Third party advertising/other These allow us to make the Site better for you by giving us anonymous usage information and power our advertising on other websites. This allows those websites to track when you have made a purchase and earn a commission. 

Third party social networking We place social networking buttons on some of our pages to make it easier for you to share them with other people. They generally use cookies to function, but we don't have any control over the use of these cookies or the data they share, and advise that you consult their privacy policies to find out what happens to any data that these services collect when you use them.

6.2   Opting out of cookies We give you the option to choose exactly which type of cookies we will set when you use the Amara site. We'll save the results in a cookie for two years and will honour your choice for future page views from your current browser.

To find out more about the cookies we use and to opt out, click here.

7. Brands / Products with specific terms and conditions

7.1   The below brands have specific terms and conditions in addition to this Sites conditions. Please click here to view these additional terms and conditions.

Villers products

Bugatti

Wallpaper

8. How to order our products

8.1   Orders can be placed online or by telephone.

8.2   Having placed an order online or on the telephone you will receive a total of three emails providing you have an email address:

8.2.1   The first email is a confirmation email which you should receive immediately after your order is placed. If for any unusual reason there is a problem you will be contacted promptly and if your order cannot be met or if there is a delay in dispatch you will be notified. We will not collect any funds until we are ready to dispatch your items except for Paypal transactions (see clause 10). Please not some banks will reserve the funds for a short period of time before payment is due. A confirm email does not guarantee that we can meet your order.

8.2.2   A second email is sent when funds have been collected to notify you that your order has been dispatched. Once dispatched, we send all UK orders over night; if you have not received them within 48 hours please contact us. Some Postcodes are 48 hour areas please click here to see a list of these post codes, in these areas please allow 72 hours before contacting us.

8.2.3   The third email is simply a follow up one (from Feefo, an independent review company) to ensure you are satisfied with our service.

8.2.4   We do allow the sale of products out of stock; these may have increased dispatch periods. Information of whether a product is in stock is displayed in the basket and product page.

9. Price

9.1   Prices are as displayed on our UK Site and are in British Pound Sterling. United States and Australia sites have their own terms and conditions. Currency is picked up by the IP address on a customer’s first visit to the Site.

9.2   We try to ensure that prices shown on our Site are accurate, but they will still need to be validated before your order is processed. If there is a price difference, we will contact you immediately and should you wish to cancel your order, we will refund any money.

9.3   Prices displayed are inclusive of VAT but exclude delivery charges where applicable. Please see the Delivery section below for details of our charges.

9.4   Prices of some brands may vary between certain territories.

9.5   Please note we accept US dollars, Australian Dollars and Euros.

10. Payment

10.1   Payment when ordering online can be by credit and debit card or Paypal (please note Paypal payments will be taken at the time of order not at the time the products are dispatched.)

10.2   To ensure that shopping online is secure, your credit/debit details will be encrypted so as to minimise the risk of your details being read by an unauthorised individual as they are sent to us over the Internet

10.3   Payment of Villiers products varies from the Sites other products. Customers will be required to pay a 50% deposit at order the other 50% before dispatching the goods. Please click here for specific terms and conditions section for details

10.4   If payment for goods is made by bank transfer, goods will only be dispatched when the funds are cleared.

10.5   Please note that phone orders must all be processed in sterling.

11. Contract

11.1 No contract will exist between Amara Living and the customer until goods are dispatched. Acceptance will be deemed complete and effectively communicated at this time.

11.2 A legally binding contract is created when the goods are dispatched.

11.3 Ownership will pass when the goods are dispatched

12. Right to cancel your contract

12.1   You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods.

12.2   You do not need to give us any reason for cancelling your contract nor will you have to pay a penalty.

12.3   You cannot cancel your goods if they are perishable.

12.4   To cancel your contracts please email us at customerservices@amara.com.

12.5   Where goods have already been dispatched, they must be returned in perfect condition, unused and in the original packaging to the return address at clause 12.7.

12.6   All international returns must be marked clearly on the outside with ‘Returned Goods’ to avoid import duty. Any import duty that is incurred will be deducted from the refund.

12.7   Amara Returns, C/O Delamode, 700 Avenue West, Skyline 120, Great Notley, Braintree, Essex, CM77 7AA.

12.8   Upon receipt of the goods we will credit the purchaser with the purchase price less any handling charge which may have been incurred. We will not be responsible for any refund of postage or carriage. We recommend that an insured service is used to ensure safe arrival of the return.

12.9   If your goods need to be returned by freight you will be responsible for the cost of this, though it may be arranged by Amara Living if required.

12.10   Please note we do not have an exchange policy.

12.11   Please not the returns policy differs for Villiers and Bugatti products. Please click here to see specific terms and conditions.

13. Thirty day money back guarantee

13.1   In addition to clause 12 we also offer a 30 day money back guarantee

13.2   If you have purchased an item within the last 30 days and are not happy with it, please email customerservices@amara.com 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 below enclosing your order confirmation and quoting the returns number you have been given.

13.3   Once the item has been received and checked, your refund will be processed within 48 hours 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.

13.4   Please note we will not be responsible for items lost in transit during return, even if the service is provided by our courier service mentioned at clause 12.8 above. However, we will endeavour to claim on the customers behalf if our courier is used.

13.5   This Money Back Guarantee does not apply to products marked with an asterisk (*) or where indicated in the product description

13.6   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.

14. Cancellation by us

14.1   We reserve the right to cancel the contract between us if:

14.1.1   We have insufficient stock to deliver the goods you have ordered.

14.1.2   We do not deliver in your area.

14.1.3   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.

14.2   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. We will not be obliged to offer any additional compensation for consequential loss or disappointment suffered.

15. Delivery

Please see our delivery page for latest charges.

15.1   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.

15.2   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 customerservices@amara.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.

15.3   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.

15.4   If a customer requires a parcel to be redirected because a wrong address has been given, there will be a redirect charge.

15.5   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 customerservices@amara.com. Please do not sign for any packages that are damaged or opened.

15.6   Villiers products are excluded from delivery terms under clause 15, please click here to view specific delivery information. Villiers products have a longer delivery period as we do not hold these items in stock. They are only ordered by the Site once a customer has placed an order.

15.7   Please note products containing liquids cannot be sent by airfreight. Liquids can be sent by road service into the UK and most European countries.

16. UK and international delivery charges

16.1   Please see our delivery page for the latest charges.

16.2   All our deliveries are sent out using a signed for courier service. For security purposes, we do not deliver to P.O. Box numbers.

16.3   Some products that are dispatched directly from the supplier may incur an additional delivery charge; this will be notified in the basket area.

17. International Orders

17.1   Customers purchasing from the United States of America are served as Delivery Duty Paid. These costs are included in the final purchase price, and you should not have to pay any additional costs to receive your order. Product exceptions: For certain oversized products a delivery quote will need to be processed for them to be sent outside of the UK, these items are exempt from free postage. In order to see if this applies, please check the delivery tab on the product page.

17.2   All other international customers purchasing will be served as Delivery Duty Unpaid (DDU) and will be charged for the items purchased and shipping costs only. Import duty or tax costs (where applicable) will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion, as some countries have thresholds where no import taxes or duty fees will need to be paid, for example in Australia under AUD$1000.

17.3   Please note no electrical items are sold overseas.

17.4   If you are ordering products to be delivered to someone else, please make sure they are aware they will be responsible for these additional charges. We have no control over these charges and cannot predict what they may be, so we are unable to offer any assistance on these processes. We would advise that you check the import charges applicable in any country before ordering products to be delivered there.

17.5   Please note that we aim to dispatch all international orders within 24 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Amara Living is not responsible for any delays caused by destination customs clearance processes

17.6   International sites will have their own terms and conditions.

17.7   Please note some items are classed as freight and are restricted from the normal delivery terms and pricing structure. A delivery quote will be required which can be arranged online by adding to the basket and following the steps.

18. Vouchers and Promotional Discounts

18.1   Gift Vouchers cannot be exchanged for cash.

18.2   Gift Vouchers can be used against full price and sale items.

18.3   Promotional discount codes may not be used in conjunction with other offers and sale items.

18.4   If a customer makes a return for a product they have purchased with a gift voucher a new gift voucher will be credited for that amount.

18.5   From time to time we offer promotional discounts. An example being £20 off of the first £100 you spend on the Site. If your order consists of a number of products which amount to £100 and you return one product you will get the full price back minus the amount of discount which has been equally allocated to that particular product.

19. Cashback Sites

19.1   The Site works in conjunction with several cashback sites, through an affiliate relationship, including Quidco and Top Cashback

19.2   Cashback will only be paid on the net value, excluding VAT, all other taxes and surcharges and any other costs to be determined by the Site, such as delivery costs.

19.3   The Site reserves the right to refuse Cashback claims where an unauthorised voucher code is used. These include voucher codes not specifically given to the Cashback affiliate in question

19.4   It is the Cashback sites responsibility to ensure that their members get paid the correct Cashback amount.

20. Liability

20.1   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 our contact address of the problem within 7 working days of the delivery of the goods in question.

20.2   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 our contract address within 30 days of ordering the goods.

20.3   If you notify a problem to us under clause 20.1 or 20.2 above, our only obligation will be, at your option:

20.3.1   To make good any shortage or non-delivery

20.3.2   To replace or repair any goods that are damaged or defective; or

20.3.3   To refund to you the amount paid by you for the goods in question in whatever way we choose.

20.4   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.

20.5   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.

20.6   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.

21. Electrical products

Amara Living does not provide extended warranties for electrical items; the customer is to rely on the supplier warranty.

22. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including without limitation, strikes, lock outs and other industrial action, breakdown of system or network access, flood, fire, explosion or accident.

23. Invalidity

If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part these conditions will not be affected.

24. Entire Agreement

These Conditions, together with our current website process, additional terms and conditions for specific products, delivery details, contact details, privacy policy, set out the whole of our agreement relating to the supply of goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any good offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

25. Complaints/ Feedback/ Recommendations

Please feel free to give us any feedback, recommendations or comments about our services and website. We take this very seriously and aim to deal with any problems or difficulties in a timely fair and effective manner. Please email us on customerservices@amara.com or write to us at the postal address shown on our Contact Us page. We try to respond to any email enquiries within one working day.

   

Additional terms and conditions under Clause 7 of Amara's terms and conditions for specific products

1. Villiers products

1.1   Payment of 50% will be deducted when the order is place. The remaining balance will be taken one week before the products are dispatched, without further notification. Products will only be dispatched once the payment has cleared.

1.2   The delivery time estimate will be given when a quote is requested for the delivery price. The customer will receive a written quote for the cost of delivery after discussing delivery options.

1.3   Please note that all Villiers products are excluded from our usual delivery terms under clause 15 of Amara Conditions.

1.4   If an order is cancelled we will endeavour to refund the 50% already paid, however if an item is already too far into production the 50% deposit will be non-refundable.

1.5   If an item is returned the return freight costs and packaging would be at the cost of the customer, though Amara would be able to provide the service

1.6   Please note any goods which are returned must be returned in the saleable condition which they were received in.

1.7   The goods will be the responsibility of the customer until they arrive back with Villiers. No goods will go via Amara, only direct to and from the manufacturers. All of the goods are dispatched from the supplier and the transport is arranged by the supplier

2. Bugatti products

2.1   Electrical Items are not available overseas

2.2   Electrical products have a 1 year’s manufacturer’s warranty. If the product becomes faulty within the warranty the customer must contact Amara and follow the trouble shooting steps advised which should solve the issue. If not then Amara will arrange for a courier to collect the product and return it to the UK service centre provided by Bugatti ‘Riley’s Electricians.’ The service centre will have the decision as to whether the product can be repaired or if it needs to be replaced.

2.3   If the product is returned the packaging is to be provided by the customer. Care must be taken to wrap the product to avoid damage in transit, neither Amara or Riley’s will be responsible for any damage that occurs in transit.

2.4   When the warranty has expired the customer should contact Riley’s directly, but can speak to our customer services if they require further assistance.

2.5   Please note a replacement product does not have a new warranty, the warranty is dated from the original purchase.

 

3. Wallpaper products

3.1   Faults

3.1.1   Every roll should be checked for imperfections within 7 days of receiving it and any issues reported immediately to customer services.

3.1.2   Check each roll has the same batch number to ensure exact colour matches.

3.1.3   Each wallpaper pattern will come with its own individual hanging instructions, these must be followed at all times. Amara Living and all wallpaper suppliers hold no liability if problems occur through these instructions not being followed.

3.1.4   This is also the case if the correct wallpaper paste (if stated) has not been used.

3.1.5   If a fault is noticed once hanging has commenced, stop the hanging process immediately.

3.1.6   The user must accept responsibility once work has commenced.

3.1.7   No claims will be allowed for faulty wallpaper hung in excess of 2 drops (please see below for individual brand’s hanging maximums) where a fault could be reasonably recognised prior to hanging.

3.1.8   No claims will be accepted once the wallpaper has been cut or processed in any way e.g. laminated, paperbacked or flameproofed.

3.1.9   The supplier cannot be held responsible for any labour charges or any other consequential loss incurred if a fault is found.

3.2   Returns

3.2.1   We will only accept returns on faulty items and do not accept change of mind returns. All wallpaper should be checked for faults as soon as it arrives and before & during the hanging process. If you believe you have found a fault please contact our Customer Services Team to arrange a return - any unauthorised returns will not be accepted.