Terms and Conditions
TERMS AND CONDITIONS
1.1 “Buyer” means the person who buys or agrees to buy the goods from the Seller.
1.2 “Conditions” means the terms and conditions of business set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 “Date of Function” means the date the function or event will take place.
1.4 “Goods” means articles which the Buyer agrees to buy from the Seller.
1.5 “Price” means the price for the goods excluding carriage, packing and insurance, but including VAT if applicable.
1.6 “Seller” means Handmade By ‘me’ 15 Piddinghoe Avenue Peacehaven BN10 8PF.
1.7 “Carrier” means any courier service used to deliver the Goods from the Handmade By 'me' to Buyer.
1.8 “Order of Service” means a four-page insert being one A4 sheet folded giving four sides.
2. Conditions Applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other items and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions.
2.3 Any variations to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed by the Seller in writing.
3. The Price and Payment
3.1 The Price shall be the price set out on the order form.
3.2 The deposit required is a minimum of £20.00 or 40% of the total order whichever is greater. The deposit is non-refundable.
3.3 If one delivery, the balance is payable on completion. If two deliveries, a further 40% is payable at the time of the first delivery and the balance on completion.
3.4 In the event of cancellation or part cancellation the following cancellation charges will apply:
- if cancelled less than 6 weeks before delivery date 40%
- if cancelled less than 2 weeks before delivery date 100%
All cancellations must be made in writing.
3.5 Payment of the price including VAT shall be as set out overleaf. Time for payment shall be of the essence.
3.6 When an order is placed over the phone and credit card details are provided and is subsequently topped up we reserve the right to use the same card details provided unless expressed in writing that you will be using another card to make the final payment. Once the transaction is complete all card details are destroyed.
3.7 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above Barclays Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement. All cancellations must be made in writing.
4. The Goods
4.1 The quantity and description of the Goods shall be as set out overleaf.
5. Warranties and Liabilities
5.1 The seller warrants that the bulk of the Goods will at the time of delivery correspond to the description given by the Seller. Save that all sizes quoted are approximate and may vary from proofs or samples and the Seller may from time to time make changes in the specification of the Goods which do not materially affect the quality or fitness for purpose of the Goods. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
5.2 The Seller shall be under no liability whatever to the Buyer for any indirect loss and expenses (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this Contract.
6. Delivery of the Goods
6.1 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 Where delivery to the Buyer’s address is requested additional courier or postal charges incurred may be passed on to the Buyer in the final invoice. Where such delivery is requested then delivery will be deemed to have taken place when the Seller passes Goods to the Courier.
6.3 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased.
6.4 The Buyer shall take delivery of the Goods and upon acceptance of goods it is the responsibilty of the Buyer to ensure correct postage is obtained from the post office. Under no circumstances will Handmade By me be held responsible for incorrect postage being applied to your items on subsequent posting.
7. Acceptance of Goods
7.1 The Buyer shall be deemed to have accepted Goods 24 hours after delivery by the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with this contract.
8. Title and Risk
8.1 Title to the Goods shall pass on acceptance.
8.2 The Goods shall be at the Buyer’s risk from delivery.
9. Remedies of Buyer
9.1 Where the Buyer rejects any goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such goods or the failure by the Seller to supply Goods which conform to the contract of sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3 The Seller shall not be liable to the Buyer for late delivery of the Goods.
10. Intellectual Property
10.1 The Seller retains all copyright trademarks and all intellectual property in the Goods and no right or licence is granted under this contract of sale to the Buyer except the right to use the Goods.
11. Property Law of Contract
11.1 This contract is subject to the law of England and Wales.
12. Force Majeure
12.1 Handmade By 'me' will not be in breach of these Terms or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
13. We may need to substitute ribbons or font colour choices depending on items in stock and size of order.
13.1 For orders where the ribbon clashes then we try to substitute it for a ribbon of the same colour shade to ensure your invitations look the best.
13.2 For Fonts that are chosen and which when printed are too light to be seen we will darken it prior to dispatch. This ensures you are happy with your order on receipt.
13.3 Please note we handmake every item and as such there may be some differences from the pictures on our website and from card to card our contact details are printed on the back of every invitation.
14. Free Wedding album when offer available
14.1 For orders over £250 plus P+P A free guest book and Wedding Album will be sent. This is plain and gift boxed. If you would like them personalised please choose this option twice in the Albums and guest Book Section. The order must be placed online or by telephone. Total order must be £250.00 plus P & P subsequent orders can not be added together. These must be posted at the same time of the order. If sent separately a 2nd P & P will need to be applied.
15. Free RSVP's and Envelopes When Offer Available
15.1 For orders over £200 plus P+P We will supply RSVP's with personalised wording & colours The order must be placed online or by telephone. Total order must be £200.00 plus P & P subsequent orders can not be added together. These must be posted at the same time of the order. If sent separately a 2nd P & P will need to be applied.
16. Free Guest Book when offer available
16.1 For orders over £70.00 plus P+P A free guest book will be sent. This is plain and gift boxed. If you would like it personalised please choose this option in the Albums and guest Book Section. The order must be placed online or by telephone. Total order must be £70.00 plus P & P subsequent orders can not be added together. This must be posted at the same time of the order. If sent separately a 2nd P & P will need to be applied.