OUR TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.1.1 Delivery: provision of completed Goods at the Delivery Point.
1.1.2 Delivery Point: unless You provide us as a delivery address on the Order overleaf, the Goods will be available
for collection from 5 Dunstall Avenue, Burgess Hill, West Sussex, RH15 8PJ.
1.1.3 Event Outside Our Control: is defined in clause 10.2;
1.1.4 Goods: the goods that We are selling to You as set out in the Order;
1.1.5 Order: Your order for the Goods (as set out overleaf);
1.1.6 Terms: the terms and conditions set out in this document; and
1.1.7 We/Our/Us/Supplier: Amanda Williams of 5 Dunstall Avenue, Burgess Hill, West Sussex, RH15 8PJ.
1.1.8 You/Your: the client detailed in the Order overleaf.
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 sign (and submit) the Order. If You think that there is a mistake
(or require any changes), please contact Us to discuss. We will confirm any changes in writing to avoid any
confusion between You and Us.
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 in clause 2.4. If We are unable to supply You with
the Goods, We will inform You of this (by telephone) and We will not process the Order.
2.4 These Terms will become binding on You and Us when We contact You to confirm that We are able to provide
You with the Goods, at which point a contract will come into existence between You and Us.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.6 We shall assign an order number to the Order and inform You of it when We confirm the Order. Please quote the
order number in all subsequent correspondence with Us relating to the Order.
2.7 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 the Order or in Our catalogue or brochure have
a 2% tolerance.
2.8 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or
illustrations contained in the Supplier's catalogues or brochures, are issued or published for the sole
purpose of giving an approximate idea of the Services described in them. They shall not form part of the
Contract or have any contractual force.
3. Changes to order or terms
3.1 We may revise these Terms from time to time in the following circumstances:
3.1.1 changes in how We accept payment from You; and
3.1.2 changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will give You at least one month's written notice of
any changes to these Terms before they take effect. You can choose to cancel the contract in accordance
with clause 11.
3.3 You may make a change to the Order for Goods within 7 calendar days of placing an Order by contacting Us,
except in the case of made-to-measure Goods for which orders may only be changed if We have not started to
buy materials or produce the Goods. Where this means a change in the total price of the Goods, We will
notify You of the amended price in writing. You can choose to cancel the Order in accordance with clause 11.1
in these circumstances.
3.4 If You wish to cancel an Order before it has been fulfilled, please see Your right to do so in clause 11. In
the case of made-to-measure Goods, unfortunately, because We make these Goods to Your specific requirements,
You will not be able to cancel an Order once it is made.
4. Made-to-measure goods
4.1 We make the Goods according to the measurements You provide Us or measurements made by Us.
4.2 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.
5. Delivery of goods
5.1 Unless otherwise agreed in writing by Us, Delivery of the Goods shall take place at the Delivery Point.
5.2 We shall not fit or otherwise install the Goods. We have a number of trusted fitters that We are happy
to recommend. Any such fitter has no direct connection with Us and is not an employee, agent or sub-contractor
or has any similar working relationship with Us and such recommendation will be purely a recommendation and
We will not be held liable for any action directly or indirectly arising out of the actions, whether innocent
or negligent, of any such recommended fitter. Alternatively, You may prefer to arrange fitting of the Goods
5.3 Any work carried out by any fitter shall be in accordance with their separate terms of business.
5.4 Any dates specified by Us for Delivery of the Goods are intended to be an estimate and time for Delivery
shall not be made of the essence by notice. If no dates are so specified, Delivery shall be within a reasonable
time. Occasionally Our Delivery to You may be affected by an Event Outside Our Control. See clause 10 for Our
responsibilities when this happens.
5.5 If for any reason You fail to accept Delivery of the Goods when they are ready for Delivery:
5.5.1 risk in the Goods shall pass to You (including for loss or damage caused by the Supplier's negligence);
5.5.2 the Goods shall be deemed to have been delivered; and
5.5.3 We may store the Goods until Delivery, whereupon You shall be liable for all related costs and expenses
(including, without limitation, storage and insurance).
5.6 You can collect the Goods from Us at any time during Our working hours of Monday – Friday 9am – 5pm or
otherwise by agreement.
5.7 The Goods will be Your responsibility from the completion of Delivery.
5.8 You own the Goods once We have received payment in full.
6. If the goods are faulty
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. Price and payment
7.1 The price of the Goods will be as set out in the Order overleaf. Our prices may change at any time, but price
changes will not affect Orders that We have confirmed with You.
7.2 The prices for the Goods exclude Delivery costs, unless the Order overleaf explicitly states otherwise and
Delivery costs will be added to the total amount due if You request Delivery to an address other than :
5 Dunstall Avenue, Burgess Hill, West Sussex, RH15 8PJ.
7.3 Payment of the price for the Goods is due in pounds sterling in the following instalments:
7.3.1 Deposit of the amount set out in the Order Form payable on confirmation of the Order; and
7.3.2 Any remaining costs to be paid upon Delivery.
7.4 We accept payment by cheque, cash, BACs and most major bank cards.
7.5 If You do not make any payment due to Us by the due date for payment, We may charge interest to You
on the overdue amount at the rate of 3% a year above the base lending rate of Llyods TSB Bank from time
to time. This interest shall accrue on a daily basis from the due date until the date of actual payment
of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue
7.6 However, if You dispute an invoice in good faith and contact Us to let Us know promptly after You have received
an invoice that You dispute it, clause 7.5 will not apply for the period of the dispute.
8. Your Obligations
8.1 You shall ensure that the terms of Your Order and any applicable specification are complete and accurate. If You
have provided the measurements to Us, these measurements must be in centimeters and We shall not be liable for
any mistakes or discrepancies that You make. In the event that the measurements are not accurate any adjustments
required to the Goods will, at Our sole discretion, be charged at an hourly rate or a separate Order will have
to be made at Your sole cost.
8.2 Unless You notify Us to the contrary in the Order overleaf, We supply the Goods for domestic and private use
(“Domestic Goods”). You agree not to use Domestic 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
8.3 If You are purchasing the Goods for a commercial use then You shall ensure that the terms of Your Order and any
applicable specification are complete and accurate. In particular, You shall ensure that You have provided to Us
any relevant health and safety, legal, regulatory or planning requirements that the Goods must conform to.
We shall not be liable in the event that the Goods do not conform to any specific requirements where You have
not brought such requirements to Our attention at the time of placing the Order. Any adjustments required to the
Goods will, at Our sole discretion, be charged at an hourly rate or a separate Order will have to be made at
Your sole cost.
8.4 You are free to source Your own materials (“Customer Sourced Materials”) for Us to use in producing the Goods
but You must ensure that such materials are vetted for quality, quantity and damage.
8.5 We shall have no liability in the event that the materials that You have provided contain any defects or are not as
You believed them to be. Any adjustments and alterations required to Customer Sourced Materials to bring them in line
with the specifications in the Order will be charged at an hourly rate or if we deem (in Our sole discretion) that it
would be more cost effective, then new Goods shall be produced at Your expense.
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 they were an obvious consequence of our breach or if they were contemplated by You
and Us at the time We entered into this contract.
9.2 We do not exclude or limit in any way Our liability for:
9.2.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
9.2.2 fraud or fraudulent misrepresentation;
9.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
9.2.4 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
9.2.5 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 strikes,
lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood,
earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
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
10.4 You may cancel the contract if an Event Outside Our Control takes place and You no longer wish for Us to provide
the Goods. Please see Your cancellation rights under clause 11. We will only cancel the contract if the Event Outside
Our Control continues for longer than four (4) weeks in accordance with Our cancellation rights in clause 11.
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 or We change these Terms under clause 3.1 to Your material disadvantage:
11.1.1 You may cancel any Order for Goods within 7 calendar days of placing an Order) by contacting Us in writing.
We will confirm Your cancellation by contacting You by telephone or in writing.
11.1.2 If You cancel an Order under clause 11.1.1 and You have made any payment in advance for Goods that have not
been delivered to You, We will refund these amounts to You.
11.1.3 If You have requested Delivery to an address other than 5 Dunstall Avenue, Burgess Hill, West Sussex, RH15 8PJ
and You cancel an Order for Goods under clause 11.1.1 and We have already despatched Your Goods to You, We will
not be able to cancel Your Order until it is delivered. In this case, if You return the Goods to Us, We will
have to charge You the cost of Delivery or You will have to pay the cost of returning the Goods back to Us.
This will not affect Your refund for the Goods, but any charge for collection will be deducted from the refund
that is due to You.
11.2 As made-to-measure Goods are made to Your requirements, You will not be able to cancel Your Order once We have purchased
any materials needed to produce the Goods or have started to manufacture the Goods (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. Our rights to cancel and applicable refund
12.1 If We have to cancel an Order for Goods (including made-to-measure Goods) before the Goods are delivered:
12.1.1 We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the
unavailability of stock. We will promptly contact You if this happens.
12.1.2 If We have to cancel an Order under clause 12.1.1 and You have made any payment in advance for Goods that
have not been delivered to You, We will refund these amounts to You.
12.1.3 Where We have already started work on Your Order for made-to-measure Goods by the time We have to cancel
under clause 12.1.1, We will not charge You anything and You will not have to make any payment to Us.
13. Information about us and how to contact us
13.1 We are a sole trader established in England and Wales. Our address is :
5 Dunstall Avenue, Burgess Hill, West Sussex, RH15 8PJ.
13.2 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning
07751 653457 or by e-mailing Us at email@example.com
13.3 If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing
(for example, to cancel the contract), You can send this to Us by e-mail, by hand, or by pre-paid post to
Mandy Williams at 5 Dunstall Avenue, Burgess Hill, West Sussex, RH15 8PJ. We will confirm receipt of this by
contacting You in writing or by telephone. If We have to contact You or give You notice in writing, We will do so
by e-mail, by hand, or by pre-paid post to the address You provide to Us in the Order.
14. How we may use Your personal information
14.1 We will use the personal information You provide to Us to:
14.1.1 provide the Goods; and
14.1.2 process Your payment for such Goods.
14.2 We will not give Your personal data to any third party unless you direct us to do so.
15. Other important terms
15.1 We may transfer Our rights and obligations under these Terms to another organisation and We will always notify You
in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.
15.2 This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
15.3 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.
15.4 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.
15.5 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English