RETAIL T&Cs

AMANYA DESIGN TERMS AND CONDITIONS FOR SALE OF GOODS TO RETAIL CUSTOMERS VIA AMANYADESIGN.COM WEBSITE

Updated 22.10.23

 

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just phone us on 07769 923957.  

 

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Amanya Design Ltd a company registered in  under number 11038175 whose registered office: Office 1, Brunswick House, Brunswick Way, Liverpool, L3 4BN. Registered in England & Wales   with  email address: sales@amanyadesign.com;   telephone number 07769 923957; (the Supplier or us or we).

2, These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.  By ordering any of the Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

 

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7.Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Website means our website www.amanyadesign.com on which the Goods are advertised.

 

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. All Goods which appear on the Website are subject to availability.

14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Personal information

15. We retain and use all information strictly under the Privacy Policy. A copy of the policy can be seen here https://amanyadesign.com/pages/cookie-policy

16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

 

Basis of Sale

17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

20. For errors placed after ordering Customers must 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.) Answermachine messages left are no guarantee of messages received, as these cannot always be actioned immediately. For products purchased via the website, apart from Watercolour Notecards, orders can only be changed or cancelled before production commences, not during or after. It is best to call Amanya Design to discuss your order status. Please also refer to points 48 & 49.

21. From time to time we may reject an order for the following reasons

a. The item is not in stock

b. We cannot obtain authorisation for your payment

c. There has been a relevant pricing or product description error

d. If your order otherwise breaches any of the requirements of these terms

e. We suspect that the order has been placed fraudulently

f. It appears that the order mistakenly duplicates another order

g. If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.

h. There are limited circumstances in which you may cancel an order after it has been made. See point 48 & 49 on this.

22. We use reasonable endeavours to make sure that every product on the Website is shown accurately and that prices are correct.

a. However, there may be small variations in colour, typefaces and layout.

b. Details and/or specifications on the Web Site, in brochures, and price lists produced by the Supplier are intended as a guide only and give a general approximation of the Products.

c. The Customer confirms and agrees that it has not relied upon the details and information contained in the Supplier’s Web Site or in price lists unless it has sought and obtained written confirmation from the Supplier of their accuracy on the Web Site or in the price lists.

d. 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 affect on the quality and/or performance of the Products.

23. Please note: We may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.

24. Any quotation for design services only – i.e. curtains, blind or design services is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time. This does not apply to products that are made to order.

25. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing, and only if production for print on demand products has not started.

26. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Price and Payment

27. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

28. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

29. No Orders will be dispatched until payment of the Price and any other charges is made in full to the Supplier.

30. 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.

31. 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 Starling Bank Ltd from time to time from the Due Date until the date of payment, whether before or after judgment or other Court order.

 

Delivery

32. The Customer's order is likely to arrive much faster if using a postcode. To check a postcode is correct the Customer can use 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 3rd part contractor or supplier. It is the Customer's responsibility to ensure that the delivery address provided for any order placed is correct.

33. 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.

34. 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 Web Site. 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.

35. The supplier shall not be required to fulfil orders for products in the sequence that they are placed.

36. Apart from the Watercolour 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 incurr 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. The Supplier does not take responsibility for customs fees.

37. 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.

38. If you treat the Contract at an end for design services but not products (see points 48 & 49), we will (in addition to other remedies) promptly return all payments made under the Contract.

39. If the Customer refuses to take delivery of any Products then the Supplier shall be entitled to withhold delivery of any other Products and to treat this Contract as repudiated by the Customer.

40. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

41. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

42. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

43. 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.

44. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them. Damages should be reported within 3 days of delivery.

45. 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.

 

Risk and Title

46. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

47. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

Withdrawal and cancellation

48. You can withdraw the Order for design services only by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. Orders cannot be cancelled for goods unless the order has not been placed and production has not started.

49. You cannot cancel the contract for any Goods which are made to order to your special requirements (the Returns Right) as production will have already taken place, and costs incurred. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.

50. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

a. goods that are made to your specifications or are clearly personalised;

b. goods which are liable to deteriorate or expire rapidly.

Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

 

Right to cancel

51. Subject as stated in these Terms and Conditions, you can cancel this contract for design services within 14 days without giving any reason. You cannot cancel for products unless production has not taken place. The cancellation period will expire after 14 days from the day.

52. To exercise the right to cancel design services, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

53. You can submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.amanyadesign.com contact form at https://amanyadesign.com/pages/contact. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

54. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

Effects of cancellation in the cancellation period

55. Except as set out below, if you cancel this Contract for design services only, we will reimburse to you all payments received from you.

 

Timing of reimbursement

56. We will make the reimbursement for design services only using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

 

Returning Goods

57. Apart from Notecards all items are made to order and therefore before requesting a change or cancellation, it is best to check the status of your order. Orders can only be changed or cancelled before production commences, not during or after. It is best to call Amanya Design to discuss your order status. Please contact on + 44 7769 923957. Please have your order number or the email address you registered with us available, so we can answer your query as quickly as possible. Also see below 58.

58. 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 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 is processed and the Supplier will be unable to make any changes requested in the email.

59. The Customer will be responsible for the cost of returning the goods to the Supplier.

60. Refunds cannot be given if the fault is a result of the Customer's own actions such as product misuse.

61. The Customer has the right to cancel their contact for the purchase of Watercolour Notecards only unless production for other items has not commenced (see 57). 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 in point 62. The Supplier will refund the purchase price the Customer has paid for the product and it's standard delivery charges (but not any expedited, tracked or other special delivery charges the Customer may have chosen to pay), within 7 days of its 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.

62. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Office 1, Brunswick House, Brunswick Way, Liverpool, L3 4BN without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

63. For the purposes of these Cancellation Rights, these words have the following meanings:

a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

 

Conformity

64. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

65. Upon delivery, the Goods will:

a. be of satisfactory quality;

b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

c. conform to their description.

66. It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

67. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

68. In the event of any failure by a party because of something beyond its reasonable control:

a) the party will advise the other party as soon as reasonably practicable; and

b) the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

 

Privacy and Cookie Policy

69. See the policy at https://amanyadesign.com/pages/cookie-policy

 

Liability

70. 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.

71. If any Products prove to be defective and are covered by the warranty in clause 70 above then the Supplier shall at its sole option either repair or replace or re-perform such Products.

72. Any work carried out by the Supplier which is not covered by the warranty will be charged for to the Customer.

73. The Customer agrees that the repair and/or replacement shall be the Customers sole remedy in respect of claims under the warranty.

74. 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.

75. The warranty in clause 74 above will not apply if the Customer has not paid in full for the relevant Products on the due date for payment.

76. If the Customer notifies a defect in the Products to the Supplier then:-

77. The Supplier reserves the right to inspect the Products and may request a photograph of the problem to communicate with our suppliers and correct any future problems; and/or

78. 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. Amanya Design Ltd shall discuss whether return of the goods is necessary. The address for returns is: Amanya Design Ltd, Office 1, Brunswick House, Brunswick Way, Liverpool, L3 4BN

79. 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.

80. The Supplier shall have no liability to the Customer for defective Products, Products not despatched 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.

81. 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.

82. 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.

83. 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).

84. The Customer shall be under a duty to mitigate any loss, damage, costs or expenses that it may suffer.

85. The Supplier’s liability to the Customer shall not exceed the Price.

86. Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply separately for each of:

a) liability for breach of Contract;

b) liability in tort (including negligence); and

c) breach of statutory duty; except this clause which shall apply once only in respect of all the said types of liability.

87. 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.

88. The limitations in this Contract are necessary in order to allow the Supplier to provide the Products at its current Prices.

89. 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:

a) for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption.

b) any loss or corruption of data.

c) 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.

d) 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.

90. 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.

91. 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, the Customer's use of the Website, or anything done while the Customer's Account is logged into the Website.

The provisions of this section 91. shall survive the termination or expiry of these Terms.

 

Excluding liability

92. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

 

Intellectual Property

93. All intellectual property rights relating to the Web Site 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 or Amanya Design.

94. The Supplier grants to the Customer a non-exclusive non-transferable licence to use the Web Site for the purpose of browsing for Products and/or purchasing products The Customer agrees that it will not itself, or through a third party:

a) Copy the Web Site, except as is necessary for use of the Web Site as set out in these terms and Conditions.

b) Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Web Site 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;

c) Write or develop any derivative or other software programs based, in whole or in part upon the Web Site.

d) The Customer may only link to this website if the Customer or any third party contacts to receive permission but must link 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.

e) However if the Customer does link to the Web Site 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 Web Site, any use is subject to these Conditions.

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.

 

Governing law, jurisdiction and complaints

96. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

97. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

98. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

 

Model cancellation Form

99. To 
 
 Amanya Design Ltd, Registered Ofice: Office 1, Brunswick House, Brunswick Way,  Liverpool  L2 4BN.  Email address: sales@amanyadesign.com 
 
 Telephone number: 07769 923957 


 I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received) 
  
  

Name of consumer(s): 

Address of consumer(s): 
  
 
 

 

Signature of consumer(s) (only if this form is notified on paper)

 

Date

 
 
  
 
 [*] Delete as appropriate.

 

Customer Warranty

100. 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.

101. 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.

102. 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.

103. 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.

 

General

104. 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.

105. 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.

106. 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.

107. 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.

108. 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.

109. 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).

110. 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.

111. 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.

112. 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.

113. 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.

 

 

Attribution

114. These terms and conditions were created and adapted using documents from Rocket Lawyer (https://www.rocketlawyer.com/gb/en) Sole Juice Ltd. and Anti Copying in Design.