AMANYA DESIGN HOUSE AND THE RETAIL CUSTOMER
Updated 2.10.19
AMANYA DESIGN HOUSE STANDARD TERMS OF TRADING VIA THE INTERNET AGREEMENT
1. Definitions
2. Orders and Contract
3. Delivery
4. Price
5. Specification
6. Delivery and Ownership
7. Returns and Cancellation
8. Liability
9. Customer Warranty
10. General
11. Data Protection and Privacy Policy
12. Intellectual Property
13. Complaints
14. Contact
1. DEFINITIONS
|
Conditions |
means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Supplier. |
|
Contract |
means any contract between the Supplier and the Customer incorporating these Conditions for the sale of Products via the Web Site |
|
Customer |
means the person whose Order for Products is accepted by the Supplier and is a person acting otherwise than in the course of business |
|
Order |
means any order for Products placed through the Web Site |
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Products |
means any products and/or goods Ordered from the Supplier by the Customer or to be supplied by the Supplier to the Customer via the Web Site |
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Price |
means the price for the Products excluding carriage, packaging, insurance as displayed on the Web Site |
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Supplier |
Means Amanya, Amanya Design and Amanya Design House. Amanya Design is used for all 3 Supplier names within this contract |
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Web Site |
means the web site known as www.amanyadesign.com |
2. ORDERS AND CONTRACT
2.1 The Supplier shall have the right to decline or to accept any Orders placed for Products.
2.2 The Customer shall be responsible for the accuracy of an Order and for giving the Supplier any information necessary for the Supplier to fulfil the Order.
2.3 Upon placing an Order the Customer has agreed to purchase Products from the Supplier. The Customer is agreeing to formation of a contract once the order email is received.
2.4 The Supplier will confirm the placement of an Order by sending the Customer an email to the designated email address given by the Customer upon placement of the Order. The Customer is responsible for checking all details of theorder are correct upon order and with the email confirmation. By confirming the order, the Customer is agreeing to purchase the product they have selected. For errors placed after ordering Customers must email sales@amanyadesign.comand follow up with a telephone call to Amanya Design at + 44 7769 923957 if the email is not acknowledged. Standard trading hours are 9.00am – 5.00pm (UK London Time) Monday to Friday (except Public Holidays in England.) Answermachine messages left are no guarantee of messages received, as these cannot always be actioned immediately. Please also refer to point 7.
2.5 From time to time Amanya Design may reject an order for the following reasons
2.5.1 The item is not in stock
2.5.2 Authorisation cannot be obtained for payment
2.5.3 There has been a relevant pricing or product description error
2.5.4 The order otherwise breaches any of the requirements of these terms
2.5.5 It is suspected that the order has been placed fraudulently
2.5.6 It appears that the order mistakenly duplicates another order
2.5.7 If the order is rejected, Amanya Design will contact the Customer to confirm and reverse any payment made for that order.
2.6 There are limited circumstances in which an order may cancelled an order after it has been made. See point 7 on this.
2.7 Please note: Amanya Design may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with them where they reasonably suspect an association with fraud or other infringements of the law.
2.8 The Customer is responsible for checking all details of theorder are correct upon placing the order and with the email confirmation. For errors placed after ordering please email sales@amanyadesign.com and follow up with a telephone call to Amanya Design at + 44 7769 923957 if the email is not acknowledged. Standard trading hours are 9.00am – 5.00pm (UK London Time) Monday to Friday (except Public Holidays in England.) Orders can only be changed or cancelled before production has commenced, not during or after. For items purchased through Redbubble and Society6, the Customer will need to contact the Suppliers directly. For other items such as Watercolour Collection Notecards and Rugs, call Amanya Design to discuss the order status.
2.9 Amanya Design uses reasonable endeavours to ensure that every product on the Website is shown accurately and that prices are correct. However, there may be small variations in colour, typefaces and layout. There also may be slight variations in colours that are due to display of colours across different devices. Amanya Design makes every effort to ensure the colours are accurate prior to production but differences in printing conditions and materials can cause a slight variation in colour.
3. DELIVERY
3.1 The Supplier will use reasonable commercial endeavours to deliver the Products by the time or date agreed with the Customer and in the quantities required by the Customer, but time and delivery shall not be of the essence of any Contract for the supply of the Products. In the event of the Supplier’s failure to meet such date for any reason, the Supplier shall not be liable for any loss or damage suffered by the Customer as a result, nor shall this constitute a breach or repudiation of these Conditions.
3.2 The Supplier shall not be required to fulfil Orders for Products in the sequence that they are placed.
3.3 The Supplier will make all reasonable attempts to deliver the Products to the Customer’s nominated address on the delivery date. The Customer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
3.4 If the Customer refuses to take delivery of any Products the Supplier shall be entitled to withhold delivery of any other Products and to treat this Contract as repudiated by the Customer.
3.5 Apart from the Watercolour Collection Notecards, all other items are produced by different print on demand suppliers and therefore will be manufactured and shipped from different locations. Items from international suppliers may incur import duties and taxes. All known postage charges will be shown at the checkout stage, but this does not include import duties and taxes which are unknown. Amanya Design does not take responsibility for customs fees.
3.6 The Customer's order is likely to arrive much faster if using a postcode. To check a postcode is correct the Customer can utilise the Royal Mail's postcode finder at www.royalmail.com/find-a-postcode. The Supplier is not responsible for the accuracy of the Royal Mail's postcode finder, or any other third party contractor or supplier.
3.7 It is the Customer's responsibility to ensure that the delivery address provided for any order placed is correct.
4. PRICE
4.1 The Price of Products and the cost of delivery of those Products shall be those ruling at the date the Products are purchased as set out on the Website.
4.2 Time for payment shall be of the essence and shall be made via the Website at the time of placing the Order.
4.3 No Orders will be dispatched until full payment of the Price and any other charges are made in full to the Supplier.
4.4 Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.
4.5 Should the Customer fail to make any payment in full to the Supplier due to the Supplier under this agreement, interest may be charged on the outstanding amount. Such interest shall accrue on a daily basis at the rate of 8% above the base rate of Santander Bank PLC from time to time from the Due Date until the date of payment, whether before or after judgment or other Court order.
5. SPECIFICATION
5.1 Details and/or specifications on the Website, in brochures, and price lists produced by the Supplier are intended as a guide only and give a general approximation of the Products.
5.2 The Customer confirms and agrees that it has not relied upon the details and information contained in the Supplier’s Website or in price lists unless it has sought and obtained written confirmation from the Supplier of their accuracy on the Website or in the price lists.
5.3 The Supplier reserves the right to make changes to the specification of the Products as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse effect on the quality and/or performance of the Products.
6. DELIVERY AND OWNERSHIP
6.1 Unless previously agreed in writing, any dates quoted for delivery of the Products are approximate only. The Supplier shall not be liable for any delay in delivery of the Products however caused. Time for delivery shall not be of the essence unless previously agreed in writing by the Supplier. On giving reasonable notice to the Customer, the Products may be delivered to the Customer in advance of the quoted delivery date.
6.2 If the Supplier is to deliver the Goods [to an address in the United Kingdom], Supplier’s charges for transport, packaging and insurance will be paid for by the Customer as set out on the Website. [Responsibility for charges for deliveries to addresses outside the United Kingdom may vary and will be subject to agreement between the parties at the time the Customer places an Order.]
6.3 Only when the Supplier has received payment in full will title to the Goods pass to the Customer. All risk of loss or damage to the Goods shall pass to the Customer on delivery.
6.4 Neither the Supplier, not any delivery service that the Supplier uses shall be liable for any failure to perform services where such failure or delay results from any circumstances outside their reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
7. RETURNS AND CANCELLATION
7.1 The Supplier will replace free of charge any Products in which risk has passed to the Customer if they are damaged or lost due to the neglect or default of the Supplier, its employees or other representative. For items purchased through Redbubble and Society6, the Customer is bound by their terms and conditions, and will sign these before completing an order.
7.2 Apart from Watercolour Collection Notecards, all items are made to order and therefore before requesting a change or cancellation, it is best to check the status of the order. Orders can only be changed or cancelled before production commences, not during or after. For items purchased through Redbubble and Society6, the Customer will need to contact them directly. For other items it is best to call Amanya Design to discuss the order status. Please contact on + 44 7769 923957. Please have the order number or the email address registered with Amanya Design available, so the query can be answered as quickly as possible. Please also see item 7.3.
7.3 The Customer must inform the Supplier by email to sales@amanyadesign.com giving the Order number and follow it up with a telephone call to Amanya Design if the email is not acknowledged, to confirm receipt at + 44 7769 923957. Emails and telephone calls are answered during business hours (Monday to Friday 9.00am – 5.00pm) in the order they are received. It is therefore possible that the Customer's order could begin production before the Customer's email or telephone call is processed and the Supplier will be unable to make any changes requested in the email or telephone call.
7.4 The Customer will be responsible for the cost of returning the goods to the Supplier.
7.5 Refunds cannot be given if the fault is a result of the Customer's own actions such as product misuse or a change of mind.
7.6 The Customer has the right to cancel their order for the purchase of Watercolour Collection Notecards only. All other products are made to order so cannot be cancelled unless production hasn't started. Due to the automated nature of the process with suppliers, they are informed immediately the order is placed, so it may not be possible to stop this process. Call Amanya Design on 07769 923957 to see the status of the order and find out if this is possible. The Customer must return the unused items to the Supplier within 7 days of notifying the Supplier of the cancellation, and must pay the cost of returning the product to the Supplier's nominated address (as stated in 8.7). The Supplier will refund the purchase price the Customer has paid for the product. The Supplier shall refund the standard delivery charges (but not any expedited, tracked or other special delivery charges the Customer may have chosen to pay), within 7 days of their return. However, if the value of the product has been reduced by any handling of it beyond what is necessary to check whether the product is as expected, the Supplier may deduct an amount to reflect that reduction in value from the sum refunded to the Customer.
8. LIABILITY
8.1 Other than for repairs and refurbishments carried out by the Supplier, the Supplier warrants that the Products will be free from defects in materials and/or workmanship for a period of twelve months from delivery of Products to the Customer. Items from Redbubble and Society6 are bound by their terms and condtions for all the following points.
8.2 If any Products prove to be defective and are covered by the warranty in clause 8.1 the Supplier shall at its sole option either repair or replace or re-perform such Products.
8.3 Any work carried out by the Supplier which is not covered by the warranty will be charged for to the Customer.
8.4 The Customer agrees that the repair and/or replacement shall be the Customers sole remedy in respect of claims under the warranty.
8.5 The Supplier agrees that it will repair or replace defective Products within a reasonable time of being notified by the Customer of the defect, which is 3 days of receipt of the goods.
8.6 The warranty in clause 8.1 above will not apply if the Customer has not paid in full for the relevant Products by the due date for payment.
8.7 If the Customer notifies a defect in the Products to the Supplier then:-
8.7.1 The Supplier reserves the right to inspect the Products and may request a photograph of the problem to communicate with Amanya Design's suppliers and correct any future problems; and/or
8.7.2 To require the Customer to return the defective Products to the Supplier for inspection at the Customer’s cost and if the Products shall prove to be defective then the Supplier shall reimburse the Customer for the cost of returning the defective Products. The address for returns is: Amanya Design, The Studio, 10 Lindley Lodge, 49 East Street, Lindley, Huddersfield, West Yorkshire, England, UK HD3 3ND
8.8 The Supplier shall have no liability to the Customer if the Price for the Products has not been paid in full by the due date for payment.
8.9 The Supplier shall have no liability to the Customer for defective Products, Products not dispatched or Products damaged or lost in transit unless the event is notified to the Supplier within the appropriate time limit set out in this Contract (which is within 3 working days of receipt of goods, or 7 days of goods not received.)
8.10 The Supplier shall have no liability for damage, loss, liability, claims, costs or expenses caused or contributed to by the continued use of defective Products after a defect has become apparent or suspected or should reasonably have become apparent to the user.
8.11 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no liability to the Customer.
8.12 The Supplier shall have no liability to the Customer for any consequential, financial, economic or other loss (including loss of profits and/or damage to goodwill).
8.13 The Customer shall be under a duty to mitigate any loss, damage, costs or expenses that it may suffer.
8.14 The Supplier’s liability to the Customer shall not exceed the Price.
8.15 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply separately for each of:
8.15.1 liability for breach of Contract;
8.15.2 liability in tort (including negligence); and
8.15.3 breach of statutory duty; except this clause which shall apply once only in respect of all the said types of liability.
8.16 Nothing in this Contract shall exclude or limit the liability of the Supplier for death or personal injury due to negligence or any liability which is due to fraud or any other liability which it is not permitted to exclude or limit as a matter of law.
8.17 The limitations in this Contract are necessary in order to allow the Supplier to provide the Products at its current Prices.
8.18 The Suppliers agents, directors, officers, shareholders, employees and subcontractors will not be liable to the Customer or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
8.18.1 for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption.
8.18.2 any loss or corruption of data.
8.18.3 any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising.
8.18.4 Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
8.19 The Supplier will not be liable for any failure to perform the Supplier's obligations under these Terms caused by matters beyond the Supplier's reasonable control.
8.20 The Customer agrees to indemnify the Supplier fully, defend and hold the Supplier, and the Supplier's officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by the Customer, ther Customer's use of the Website, or anything done while the Customer's Account is logged into the Website.
8.21 The provisions of this section 9.5 shall survive the termination or expiry of these Terms.
9. CUSTOMER WARRANTY
9.1 The Customer warrants that any person acting on behalf of the Customer to place an Order is duly authorised by the Customer to do so.
9.2 The Customer warrants that it has the right to place any Order with the Supplier and that there is no encumbrance which will prevent the Supplier from performing any Contract and/or fulfilling any Order.
9.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer.
9.4 If the Customer requires greater protection then the Supplier will agree to modify the limitations and extend its guarantees in return for the payment of a higher Price for the Products.
10. GENERAL
10.1 No variation to these Terms shall be binding unless agreed in writing between the authorised representatives of the Supplier and the Customer. The Supplier’s employees or agents are not authorised to make any representations concerning the Products unless confirmed by the Supplier in writing. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
10.2 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by the Supplier shall be subject to correction by the Supplier without any liability on the part of the Supplier.
10.3 Time is not of the essence in relation to the performance of the obligations of the Supplier under these Terms. Notices between the Customer and the Supplier relating to these Terms shall be in writing. Notices shall either be delivered personally or sent by first class post or fax to their registered office. Notices if delivered by hand shall be treated as received when delivered, if sent by first class post 48 hours after posting, if sent by air-mail post 72 hours after posting and if sent by electronic documents with proof of opening, when sent.
10.4 These Terms are the entire agreement between the Customer and the Supplier and replace all previous agreements between them relating to the same subject matter.
10.5 Neither the Customer nor the Supplier shall be liable if it breaches these Terms as a result of circumstances which are beyond its reasonable control, provided that as soon as is reasonably practicable it gives notice to the other party.
10.6 Nothing in this agreement creates a partnership or employment relationship between the Customer and the Supplier or makes one party the agent of the other.
10.7 These Terms or any rights or obligations under them may not be assigned by either party without the prior written consent of the other (such consent not to be unreasonably withheld or delayed).
10.8 Nothing in these Terms is intended to create any right for any third party to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.9 Customer and Supplier shall attempt to substitute for any invalid, illegal or unenforceable provision a valid, legal and enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid, illegal or unenforceable provision.
10.10 The laws of England and Wales shall govern these Terms. The Customer and the Supplier agree to submit to the exclusive jurisdiction of the courts of England and Wales.
10.11 The Supplier reserves the right to change these terms from time to time, and to post the new version on the Website www.amanyadesign.com. The new terms will take effect upon the date of posting. If the Customer does not wish to be governed by the new version, they must cease to use the services of Amanya Design.
11. DATA PROTECTION AND PRIVACY POLICY
11.1 To the extent that the Supplier keeps and hold any personal information about the Customer it will be held by the Supplier for the purposes of processing any completing Orders and to provide the Customer with information about offers being made by the Supplier.
11.2 The Supplier will not divulge Customer information to any third party except where it is necessary for the purposes of processing and fulfilling Orders, or as is required by law.
11.3 If the Customer does not wish to be informed of any offers being made by the Supplier they must email sales@amanyadesign.com.
11.4 The Supplier does use cookies in order to assist in the processing of Orders via the Website. They will not be used for any other purpose.
11.5 The Supplier uses the consent lawful basis, under the GDPR to anyone subscribing to the newsletter or marketing mailing lists. The information consists of sign up name, age range, email address, country, subscription time and date, subscription changed time and date. The email marketing service provide used is Mail Chimp.
11.6 The Supplier uses Review Apps and the Customer may be contacted via email by a third party company regarding a particular product or a service that the Customer has received from the Supplier.
11.7 By using the Supplier's website, the Visitor agrees to allow third parties to process their IP address, in order to determine their location for the purpose of currency conversion. The Visitor also agrees to have that currency stored in a session cookie in their browser (a temporary cookie which gets automatically removed when closing the browser.) The Supplier does this in order for the selected currency to remain selected and consistent when browsing the website so that prices can convert to the Visitor's local currency.
12. INTELLECTUAL PROPERTY
12.1 All intellectual property rights relating to the Website are and shall remain the property of the Supplier. Amanya is the Supplier's registered Trademark and the Customer agrees not to display or use it in any manner without the Supplier's prior written consent. The Customer is not allowed to remove any copyright, trademark or other intellectual property notices contained in material taken from Amanya, Amanya Design or Amanya Design House.
12.2 The Supplier grants to the Customer a non-exclusive non-transferable licence to use the Website for the purpose of browsing for Products and/or purchasing products. The Customer agrees that it will not itself, or through a third party:
12.3 Copy the Website, except as is necessary for use of the Website as set out in these terms and Conditions.
12.4 Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Website except as permitted by law; or use any robot, spider, scraper or other automated means to access the Website for any purpose without the Supplier's prior express written permission;
12.5 Write or develop any derivative or other software programs based, in whole or in part upon the Website.
12.6 The Customer may only link to this Website if the Customer or any third party has received permission from the Supplier and must link only to the homepage and not deep link into the site. The Customer or third party may not use any information contained in this Website without written permission before use, and the Supplier’s ownership must be acknowledged.
12.7 However if the Customer does link to the Website the person so linking ownership agrees that they will indemnify the Supplier in full if any action is taken against the Supplier by any party, or even by the person linking, by virtue of the link created. If a link is created to this Website, any use is subject to these Conditions.
12.8 No-one may copy, distribute, show in public or create any derivative work from the Supplier, or any of the material which is found on the Website unless properly licensed in writing by the Supplier to do so. The Customer, or any person connected with them, is not allowed to use the Supplier's names (or to copy or use any material found on the Website) for any commercial purpose other than to conduct the purchases of product from the Supplier.
13. COMPLAINTS
13.1 If the Customer has any query or wishes to serve any notice pursuant to these Conditions or make any complaint, communication should be made to sales@amanyadesign.com.
13.2 The Customer should contact the Seller in thefirst instance to enable them to try and resolve this issue.
13.3 The European Dispute Resolution Platform link is provided if this dispute is unable to be resolved directly through contacting the seller:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
14. CONTACT
14.1 To contact Amanya Design please use the following details:
Anna Brewin, Amanya Design
The Studio, 10 Lindley Lodge, 49 East Street, Lindley, Huddersfield, West Yorkshire HD3 3ND
M: +44 07769 923957
E: anna@amanyadesign.com
W: www.amanyadesign.com
Facebook: https://www.facebook.com/AmanyaDesign/
Twitter: https://twitter.com/AmanyaDesign