Terms of Sale
We may revise these Terms as we deem necessary from time to time.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Content: is defined in clause 4;
Event Outside Our Control: is defined in clause 9;
Goods: the goods that we are selling to you as set out in the Order;
Order: your order for the Goods;
1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which we supply Goods to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you and submit the Order. If you think that there is a mistake or require any changes, please contact us to discuss.
2.3 When you sign and submit the Order to us, this does not mean we have accepted your order for Goods. Our acceptance of the Order will take place as described below. If we are unable to supply you with the Goods, we will inform you of this and we will not process the Order.
2.4 These Terms will become binding on you and us when we contact you that we are able to provide you with the Goods, which we will also confirm in writing to you, at which point a contract will come into existence between you and us (“Order Confirmation”).
2.5 The images of the Goods on our website 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 or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are subject to a 4% tolerance.
3. Made-to-measure goods
3.1 We make the Goods according to the measurements, photograph and/or picture you provide to us.
3.2 Please make sure your measurements are correct and accurate. Unfortunately, we cannot accept the return of made-to-measure Goods if the reason for the return is because you provided us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to- measure Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
4.1 Whenever you upload or make available content (including without limitation pictures, photographs or other graphical designs) to us (“Content”), you must comply with the Content Standards (as defined in clause 4.4). We may in our absolute discretion refuse to accept the Order if, in our opinion, the Content does not comply with the Content Standards.
4.2 You warrant and undertake that any Content will comply with the Content Standards. We will not be responsible, or liable to any third party, in respect of any Content provided by you.
4.3 Any Content will be considered non-confidential and non-proprietary, and you grant us a royalty fee, perpetual, non-exclusive worldwide licence to use, copy, make derivative works of, distribute and make available to third parties any such Content for any purpose (whether for commercial purposes or not). We also have the right to disclose your identity to any third party who is claiming that any Content provided by you constitutes an infringement of their intellectual property rights, rights of confidentiality or in respect of their personal data.
4. 4 Content provided by you must not:
4.4.1 contain any material which is defamatory of any person or is obscene, offensive, hateful or inflammatory or be likely to harass, upset, embarrass, alarm or annoy any other person;
4.4.2 promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.4.3 infringe any copyright, database right, trade mark, confidentiality or other intellectual property right of any other person;
4.4.4 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse (together the “Content Standards”).
4.5 You will indemnify, defend and hold us harmless, against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us (and our officers, directors, employees, agents, service providers, licensors and affiliates) arising out of or in connection with any claim made against us for actual or alleged infringement of:
4.5.1 a third party's intellectual property rights arising out of or in connection with the Content; and/or
4.5.2 your failure to comply with the Content Standards.
5. Delivery of goods
5.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.
5.2 We will contact you with an estimated delivery date. We will use reasonable efforts to deliver the Goods within 28 calendar days after the Order Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control (see clause 10).
5.3 If you have asked to collect the Goods from our premises, you can collect the Goods from us at any time during our working hours of 4:30 pm to 9:00 pm on business days in England.
5.4 If we miss the delivery deadline provided in accordance with clause 5.2 for any Goods then you may cancel your Order straight away if any of the following apply:
5.4.1 We have refused to deliver the Goods;
5.4.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
5.4.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
5.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 5.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel if your Order if we do not meet the new deadline.
5.6 If you do choose to cancel your Order for late delivery under this clause 5, you can do so for just some of the Goods or all of them (where applicable), unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order We will refund any sums you have paid to us for the cancelled Goods and their delivery.
5.7 Delivery of an Order shall be completed when we deliver the Goods to the address you gave us or you collect them from us and the Goods will be your responsibility from that time.
5.8 You own the Goods once we have received payment in full. Following the transfer of title of the Goods from us to you, you grant us a perpetual, royalty free, non-exclusive, worldwide licence to use, copy, distribute or make derivative works of the Goods for any purpose (whether for commercial purposes or not).
6. If the goods are faulty
6.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. 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.
7. Goodwill guarantee of goods
7.1 If you are unhappy with the Goods for any reason, you may return them to us at your own cost within 14 calendar days of receipt. We will refund you the price you paid for the Goods.
7.2 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.
8. Price and payment
8.1 The price of the Goods will be set out in our price list in force at the time we confirm your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
8.2 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the order process, before you confirm your order. To check relevant delivery charges, please refer to the Prices & Ordering webpage on our website.
8.3 It is always possible that, despite our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of our despatch procedures so that, where the Goods' correct price is less than our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on our website, we will contact you to tell you and for your instructions. 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 Goods to you at the incorrect (lower) price.
8.4 You must make payment for Goods upon receipt of the Order Confirmation. We shall not be required to commence work on the Goods until we receive payment in full. You must make payment by cheque; credit or debit card via paypal; by paypal account; or by bank transfer.
9. Our liability to you
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
9.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not exclude or limit in any way our liability for:
9.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
9.3.2 fraud or fraudulent misrepresentation;
9.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
9.3.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
9.3.5 defective products under the Consumer Protection Act 1987.
10. Events Outside Our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation illness, injury or any other unforeseeable crisis, acts of god or natural disaster or an act or omission by a third party supplier.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
10.3.1 we will contact you as soon as reasonably possible to notify you; and
10.3.2 our obligations under these Terms 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 Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
10.4 You may cancel the contract if an Event Outside Our Control takes place and continues for longer than 5 weeks and you no longer wish us to provide the Goods.
10.5 We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock.
11. Your rights to cancel and applicable refund
11.1 Before the Goods are delivered, you have the following rights to cancel an Order for Goods (other than made-to-measure Goods), including where you choose to cancel because we are affected by an Event Outside Our Control:
11.1.1 you may cancel any Order for Goods within 5 calendar days of placing an Order by contacting us. We will confirm your cancellation in writing to you;
11.1.2 if you cancel an Order under this clause and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you and any delivery charges;
11.1.3 unfortunately, if you cancel an Order for Goods under this clause and we have already despatched your Goods to you, we will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Goods to us, we will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
11.2 Unfortunately, as the made-to-measure Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made- to-measure Goods that are faulty or not as described).
12. Information about us and how to contact us
12.1 Gemma Hayward Art is a sole trader established in England and Wales. Our address is 20 Sherwood Drive, Thorpe Willoughby, Selby, YO8 9TN.
12.2 If you have any questions or if you have any complaints or you are required to give us notice in writing under these Terms, please contact us. You can contact us by using the contact webpage on our website or by e-mailing us at email@example.com
13. Other important terms
13.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.2 Each of the clauses 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.
13.3 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.
13.4 These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. 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.