TERMS AND CONDITIONS
These terms cover the terms and conditions on which we supply products to you. Please read them carefully before submitting your order to us. These terms tell you who we are, how we will provide products to you, and how you or we may change the contract, what to do if there is a problem and other important information.
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HERE YOU WILL FIND:
THE TERMS AND CONDITIONS OF SALE
FOLLOWED BY
THE TERMS AND CONDITIONS OF WEBSITE USE
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In these terms and conditions:
(a) "we" means Nell Burgess
(b) "you" means our customer or prospective customer
(c) "us", "our" or "your" should be interpreted accordingly
1
ORDER PROCESS
When you place an order online, upon checkout you will be asked to agree to our terms and conditions. When you receive an order confirmation, your order will become a binding contract between us.
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Where shipping costs are to be advised before checkout, our acceptance of your order will take place when we email you and you accept the proposed amount. At this point a contract will come to exist between us.
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If we cannot accept your order we will inform you via email and not charge you for the product. This could be due to the product being out of stock, an error in the price or description of the product, an unexpected limit on our resources or we are unable to meet a delivery deadline you have specified.
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Please note that we reserve the right to reject an order at any time.
2
PRODUCT REPRESENTATION
Products may vary slightly from their photo on our website. Although we have made every effort to show the colours and details of each product accurately, we cannot guarantee that a devices display will accurately reflect the true colour of a product. We have tried to represent each product as closely as possible. By making a purchase on the website, and therefore entering into a contract, you agree and accept there may be slight differences between the image shown and the physical product.
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PRICE & PAYMENT
PRICE
The price of the product will be indicated on the listing and order page when you place your order.
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It is always possible that despite our best efforts a product may be incorrectly priced. If this is the case we will contact you to advise you of the correct amount to be paid.
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PAYMENT
We accept payment with the providers listed on our website.
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You must pay upon order placement.
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If you do not make payment to us by the due date we may withold the products, and/or by email notice to you, cancel the contract of sale for the product ordered.
If payment is not made we may charge interest on a late payment. This will accrue on a daily basis from the due date until the payment has been made.
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If you think an invoice is wrong please contact us promptly so we can resolve the issue.
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In addition to the price of the product, you will have to pay a delivery charge.
This will be stated during the online order process. With regards to larger items, postage will need to be quoted before the contract of sale comes into force.
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If you make an unjustified payment you will be liable to pay us within 7 days following the date of our written request. This will include all extra charges incurred, including all third party expenses such as bank, payment processor or card issuer charges.
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PAYMENT PLANS
Payment plans have to be agreed upon. The dates and value of instalments will be agreed by email. Any shipping costs will be added to the first instalment. Once the first instalment has been received we will ship the product to you. You will own the goods once all payments have been made in full.
If you fail to pay any instalments we may end the contract. In such circumstances, you must return the goods immediately. You will be responsible for the payment of return delivery. Goods must be carefully packaged to avoid damage. On receipt of the returned items, we will refund any advanced payments made, providing the goods are not damaged in any way (as determined by us at our sole discretion). If the item is damaged in any way we will have no obligation to refund any advanced payments, and you you will pay the remainder of the full price immediately.
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DELIVERY
DELIVERY
Smaller items will have delivery costs confirmed during the checkout process, prior to order placement.
For specific items we will contact you to discuss delivery costs. If the costs are not accepted and paid by you within 14 days of notification, we reserve the right to cancel the order.
You are responsible for any duties, taxes and other charges incurred outside the UK
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We will ship the products to you as soon as possible, usually within 5 days of accepting your order. Please note, prints can take up to 3 weeks to ship if they are printed to order. For international deliveries, delivery may take longer due to issues such as customs clearance.
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DELAYS/MISSED DELIVERIES
We are not responsible for delays outside our control. We will contact you if we are informed that the supply of our product will be delayed due to an event outside our control. Provided we do this we will not be liable, however if there is risk of a substantial delay you may contact us to end the contract and receive a refund for items you have paid for but not received.
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If you are not at home and miss the delivery, please contact the courier to rearrange a delivery. If you do not rearrange a delivery or collect the item from the depot we may contact you for further instructions. You may be charged for any further delivery costs if we are unable to contact you. We may end the contract, and you will be responsible for any subsequent charges incurred.
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A product will be your responsibility from the time we deliver the product to the address you gave us, or you or your courier has collected it from us.
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RETURNS
If there is a problem with the product please contact us to resolve the issue. If you wish to exercise your legal right to reject a product, you must either return it in person to where you bought it, or post it back to us. We will pay the cost of postage or collection.
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If you choose to change your mind you have 14 days after you receive the goods to return the item. You must inform us you wish to return the product within 7 days of receiving the delivery. The item must be carefully packaged and returned without damage. You are responsible for the cost of postage, and a refund for the 'goods only' will be made on receipt of undamaged goods.
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REFUNDS
We will give you a refund for the price you paid to us in respect of any product properly returned by you.
We will not refund to you the original delivery charges relating to the returned product.
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5
EXCLUSIONS OF LIABILITY
We will not be liable to you in respect of any losses arising out of any event beyond our control
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We are not liable for business losses.
We only supply products for domestic or private use. If you use the products for commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business or any consequential or indirect losses.
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CHANGES TO PRODUCTS
If you wish to make changes to a product you have ordered this must be approved by us. We will confirm with you if the change is possible. If it is, we will will let you know of any changes to the price of the product, the timeline of supply and any other variables. We will ask you to confirm whether you want to go ahead with these changes. If you do not wish to proceed you may want to end the contract.
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PERMISSIONS OF WEBSITE
You must NOT download any material from our website or save any such material to your computer.
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You may only use our website for your own personal use, you must not use our website for any other purposes.
You must not edit or otherwise modify, or republish any material on our website.
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You must not show any material from our website in public.
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You must not exploit material from our website for commercial purposes.
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We may suspend access to our website when we update it.
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MISUSE OF WEBSITE
You must not take any action that may damage or impair the performance or security of the website.
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You must not use our website for anything that is unlawful, illegal, fraudulent or harmful, or be in connection with any of the above mentioned.
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You must not tamper or hack the website.
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You must not use our website to host, publish or distribute any material which consists of/linked to any spyware or computer virus.
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LIMITED WARRANTIES
We do not warrant the accuracy of the information published on our website.
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We do not warrant that the website is up to date.
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We do not warrant that the website will operate without fault.
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10
BREACHES OF THE TERMS AND CONDITIONS
If you have, or we suspect you have breached these terms and conditions in any way, we may:
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a) Send you a formal warning.
b) Temporarily suspend your access to our website.
c) Permanently prohibit you from access.
d) Commence legal action.
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Should we suspend or prohibit your action you must not take any further action to avoid the suspension/prohibition.
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11
COPYRIGHT
Any intellectual property rights, including (without limitation) the copyright of the artworks are owned by Nell Burgess Studio.
Under no circumstances does the ownership of any such rights transfer to you.
You agree that no licence of the work is granted to you.
You agree not to reproduce the work in any manner, including photographic images of the work.
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TRADE MARKS
NELL BURGESS STUDIO , our logo and our other trade marks belong to us. We give no permission to use them and doing so may constitute an infringement of our rights.
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DETAILS
This website is owned and operated by NELL BURGESS STUDIO
You can contact us by using our website contact form.
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AGREEMENT
These terms and conditions, along with our privacy policy, constitute our entire agreement between you and us, in relation to the sale and purchase of our products.
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We may revise these terms and conditions from time to time.
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LAW
These terms and conditions shall be governed in accordance with English law.
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Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of England.