Terms & Conditions
In these Conditions: Consumer means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession; Contract means any contract between you and us for the sale and purchase of Products incorporating these Conditions; Goods means the coasters, trays Artwork etc you wish to purchase whether custom orders (Goods made to your Specification) or Standard Goods (all other Goods); Order means the order for Goods placed by you online; Price means the price of the Goods; Quote means the Goods Quotation Form and/or the Estimate Form we may provide to you; Trader means a person acting for purposes relating to that person’s trade, business, craft or profession; us means Resin Designs by Nadine, Specification means the detailed drawing of the Goods as may be amended by a Variation; Variation means a Works Variation Form issued by us; Working Day means any day other than a Saturday, Sunday or public holiday in England; and you means the buyer indicated on the Quote or otherwise placing an Order.
- These Conditions apply to Consumers placing Orders for Goods. Please note that different provisions of these Conditions apply depending on whether you are a Consumer or a Trader, and depending on whether you are placing an Order for Bespoke Goods or Standard Goods.
- We reserve the right to update these Conditions from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible in respect of any subsequent Order you may sign or complete. We recommend that you review these Conditions before every purchase of Goods that you make.
- If you need to contact us, please do so by email to email@example.com
2. Ordering Goods
- All Goods are made to order. We will inform you as soon as possible if the Goods you have ordered are no longer available and we may offer alternative Goods if you prefer, we shall promptly refund the Price you have paid for the Goods including all delivery fees paid if the goods are no longer available.
- We may not accept your Order if for example (i) we are unable to secure authorisation for your payment; (ii) the Goods you have selected are not available; and/or (iii) there has been pricing or product description error. If we do not accept your Order we will inform you by phone or by e-mail and we shall promptly refund the Price you have paid for the Goods including all delivery fees paid.
- Your Order represents an offer to us to purchase Goods. Subject to Condition 2(e) below, the Contract comes into existence when we send you an email to confirm your Order.
(a) If you wish to discuss your Order with us, we can prepare a Quote for you. A Quote is valid for the duration noted on it and for the avoidance of doubt is subject to these Conditions. It is your responsibility to check the Quote carefully and notify us of any changes required. A legally binding Contract shall come into existence when you accept a Quote, and then, for the purposes of these Conditions, the Quote shall be an Order.
Additional Terms for placing custom orders
(a) You cannot place an Order for Custom Goods online. If you wish to discuss your requirements for Custom Goods, please contact us. We may require you to provide a Specification to us or we may agree to provide you with a Specification.
- It is your responsibility to check the Quote and Specification carefully and notify us of any changes required. Once you confirm the Specification, you assume all responsibility for the Specification, including that the Specification meets your requirements. You acknowledge that we rely on the Specification in manufacturing the Custom Goods.
(c) You understand that the Custom Goods are made to order, and accordingly, the Contract may not be cancelled by you.
3. Price and Payment
- The Prices for Standard Goods are displayed on our website at the time we receive your Order or on your Quote if we prepared a Quote for you. We endeavour to ensure that all Prices are accurate and yet the occasional error may still occur. If we find such an error in the Price of Goods you have ordered, we will inform you and give you the option of reconfirming your Order at the correct Price or cancelling it. If you choose to cancel and you have already paid for the Goods, we shall promptly refund the Price you have paid for the Goods including all delivery fees paid. If you do not respond to us with [5 Working Days] we will cancel your Order, notify you accordingly and again we shall promptly refund the Price you have paid for the Goods including all delivery fees paid.
- We charge separately for delivery and delivery fees are displayed during the checkout process or set out in your Quote. Unless otherwise agreed, payment for Standard Goods are due on receipt of the Order or acceptance of the Quote.
(c) The Price for Custom made Goods are either (i) as indicated on the Quote; or (ii) on an invoice depending on how we receive your Order. The Price for Custom made Goods may be amended by a Variation. Payment is due on receipt of an invoice and the Price is payable immediately in full before we begin to manufacture Custom made Goods unless we agree otherwise.
(d) Payment can be made by PayPal.
4. Delivery of Goods
- We shall send you an e-mail which will inform you when your goods have been dispatched.
- Delivery shall be made by our nominated carrier to the UK address that you stipulate in your order.
- Delivery of Goods to a third party nominated by you is deemed to be delivery to you.
- You shall take delivery of the Goods and delivery shall be effective when the Goods are unloaded at the delivery address. It is your responsibility for ensuring that the delivery address is suitable to unload the Goods.
- We will use all reasonable endeavours to deliver the Goods in the time span specified, if we no of such delays we will inform you via email.
- If we or our nominated carrier cannot deliver the Goods as a result of your act or omission, we will contact you to arrange alternative delivery arrangements but can make no guarantee that this call will be made to you. Our nominated carrier will also make a second attempt to deliver your Goods but if this delivery attempt cannot be made due to your act or omission. We reserve the right to make a further charge for delivery in the event of a third or subsequent delivery of the Goods.
- Our failure to deliver shall not entitle a Trader to treat the Contract as repudiated. A Consumer may cancel the Contract if we do not deliver the Goods within 10 Working Days of the original scheduled delivery date in accordance with Condition 5(a) except where the failure to deliver is as a result of the Trader’s act or omission.
- We may deliver Goods by instalments. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.
- We shall have no additional liability to you, including for wasted expenditure, for any failure to deliver Goods or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident and/or transport issues and/or non-availability of stocks or materials.
5. Defective Goods
(a) If you receive Goods and the packaging is damaged you must sign the delivery note as ‘damaged’.
(b) If on inspection, any of the Goods are damaged, missing or for Custom made Goods, does not comply with the Specification, please notify us by email marking your email “DAMAGED”. You should notify us within 7 days of receipt, provided that this provision shall not affect your statutory rights.
(c) If we receive a notification from you under Condition 6(b), we may ask you to send photographs of the Goods, or allow us the opportunity to inspect or collect the Goods. If the Goods are damaged or otherwise do not comply with these Conditions, we shall either promptly refund the Price you have paid for the Goods including all delivery fees paid or replace the Goods within a reasonable time, free of charge. Such refund or replacement shall be our sole liability in relation to such Goods.
(d) For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. If you have any complaint or wish to raise a dispute please contact us by email Resindesignsbynadine@aol.com
6. Description of Goods
- We warrant that the Goods shall be of satisfactory quality and fit for purpose and shall be made in accordance with the Specification.
- You understand that all of our Goods are handmade and you agree to allow for a reasonable variation between the finish and appearance of the Goods on our website and other marketing materials, and the Goods delivered to you.
- Our Goods are suitable for both domestic use and business use. If you are planning to use our Goods for business use please make sure that you are covered by the appropriate insurance.
- IP Rights
- You acknowledge that all copyright, design rights, trade marks, trade names and any other intellectual property rights of a similar nature in the Specifications prepared by us and in the Goods belong to us. You shall not, and shall not assist or enable a third party to, copy the Specification or produce any products to the Specifications.
- If you have provided any Specifications, you warrant that our use of the Specifications to manufacture Custom made Goods will not cause us to infringe any copyright, design rights, trade marks, trade names and any other intellectual property rights of a similar nature.
7. Cancellation of an order by us
- We reserve the right to cancel the Contract between us if (i) we have insufficient stock of the Standard Goods you have ordered or insufficient materials to manufacture Custom made Goods; (ii) we do not deliver Goods to your delivery address; (iii) we cannot obtain authorisation for your payment; (iv)one or more of the Goods you ordered was listed at an incorrect Price.
- If we do cancel your Contract we will notify you by e-mail and we shall promptly refund the Price you have paid for the Goods including all delivery fees paid. We will not be obliged to offer any additional compensation for disappointment suffered.
8. Cancellation of an Order by You
(a) If you have ordered Standard Goods, you may cancel your order with us by contacting us within 14 days from the date you receive the Goods, clearly stating the following: your name, geographical address, your phone number, email address and full details of the Order you wish to cancel.
(b) If you do cancel your order, you must take reasonable care of the Standard Goods whilst they are in your possession, including by storing them in accordance with our instructions. You must return the Standard Goods to us within 14 days of the notice to cancel, at your own cost and risk. We strongly recommend that you send the Standard Goods back to us via a courier or recorded post service if appropriate and obtain a certificate of posting. We will not refund you if we do not receive the returned Standard Goods. Please also make sure you package the Standard Goods appropriately to avoid damage.
(c) We will refund any sums paid for the Standard Goods returned , but no refund for postage will be made for a change of mind. We will refund you using the same means of payment that you used to purchase the Standard Goods.
(d) If you do not return all of the Standard Goods that you have cancelled in accordance with our request, or you do not pay the costs of returning them to us, or the Standard Goods are damaged during the course of returning the Standard Goods, we shall be entitled to deduct from the amount to be refunded to you the direct costs of recovering the Standard Goods or to reflect the loss or damage to the Standard Goods.
(e) The provisions of this Condition 10 do not affect your consumer statutory rights. If the Goods we deliver are not what you ordered or are damaged or defective, please see Condition 6.
(f) If we do agree to a cancellation, you shall return the Goods to us within such timescale as we require and the Goods must be returned in the condition in which they were delivered with all packaging material, and instruction material provided with the Goods.
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