Customer Terms & Conditions
This page (together with the documents referred to on it) tells you the terms
and conditions on which we supply any of the art, craft, design and any
additional items for sale (items) listed on our website
http://www.design-connections.com (our website) to you. Please read these terms
and conditions carefully before ordering any items from our site. You should
understand that by ordering any items displayed by Design Connections, you agree
to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and
conditions if you accept them. Please understand that if you refuse to accept
these terms and conditions, you will not be able to order any Items from our
site.
1. Information about us
http://www.design-connections.com is a site operated by Design Connections
Limited (we). We are registered in England and Wales under company number
06153694 and with our registered office at Woodside, Embley Lane, East Wellow, Romsey, Hampshire, SO51 6DN
Our VAT registration number is: 913 4539 30.
1.1 Our main trading address is Woodside, Embley Lane, East Wellow, Romsey, Hampshire, SO51 6DN4. We are registering for VAT purposes with
customs & excise. Should you wish to purchase an item, VAT will be included and
we will contact you with our VAT number in due course.
1.2 Our website is dedicated to helping young artists and
designers in their first few years of trading. We seek to help promote these
artists' and designers' work and to give the general public access to original
works of art and craft without the Exhibitor or Customer having to pay expensive
agents or gallery fees.
1.3 Design Connections is a not for profit company limited
by guarantee. We do not have any shareholders: all profits generated by Design
Connections go back into achieving our mission and social aims and improving the
service we offer to our exhibitors and customers. Visitors and users of our site
should note that failure to abide by these terms and conditions will diminish
our ability to provide this valuable service to the young artists and designers
that we have been set up to serve.
1.4 Our site exhibits a wide selection of items in the field
of art, craft and design, many of which are offered for sale by artists and
designers that are nominated to exhibit on our site. Prior to reading these
terms and conditions please note the following essential points:
- When you order an item from our site, a legal contract shall not be formed
until the item has been dispatched and you receive dispatch confirmation from us
in the form of an email.
- The 'Exhibitor' is the person that has designed or created the piece of work
that is on display on our site.
- All copyrights, designs (registered or unregistered) and any other form of
intellectual property rights in the item will be owned by the Exhibitor.
Purchase of an item will not automatically mean that you will own the
intellectual property rights to the item unless stated at the time of purchase
or a separate agreement is made between you and the Exhibitor.
- All monies shall be paid to Design Connections.
- Any refunds due for whatever reason will be made by Design Connections.
2. Your Status
By placing an order through our site, you warrant to us that you are legally
capable of entering into binding contracts and that you are at least 18 years
old;
3. How the contract is formed
3.1 Please note that we accept orders as agents on behalf of
the Exhibitors that are registered with us. The resulting legal contract is
between you and our Exhibitors, and is subject to these terms and conditions.
3.2 After placing an order, you will receive an e-mail from
us acknowledging that we have received your order. Please note that this does
not mean that your order has been accepted. Your order constitutes an offer to
us to buy an item from the Exhibitors displaying their work on our site. All
orders are subject to acceptance by the Exhibitor, and we will confirm such
acceptance to you by sending you an e-mail that confirms that the item has been
dispatched by the Exhibitor (the Dispatch Confirmation). The contract (Contract)
will only be formed when we send you the Dispatch Confirmation.
3.3 The Contract will relate only to those items whose
dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged
to supply any other items which may have been part of your order until the
dispatch of such items has been confirmed in a separate Dispatch Confirmation.
4. Our Status
4.1 To the fullest extent permitted by law, we do not
warrant or guarantee any item on display on our site. All item specifications,
illustrations and other information on our website are intended to represent a
general impression of the items and does not constitute a warranty that the item
will conform to the same. Please be aware that handmade items are subject to
variations in size, colour and shape owing to the unique nature of the item. Any
concerns of this nature should be directed to the Exhibitor and not Design
Connections. If you have any questions or concerns about a particular item prior
to purchase, please e-mail us and we shall in return ask the Exhibitor and
revert to you.
4.2 To the fullest extent permitted by law we shall have no
liability to you in the event of items infringing or being alleged to infringe
on the property rights of any third party. In the event that items are or may be
the subject of such a dispute this should be raised with the Exhibitor in
question.
4.3 We continually monitor any images and information
uploaded to our website and will remove any content that may be deemed
inappropriate or offensive to others. We do however take no responsibility for
items that are displayed on the website.
4.4 We may also provide links on our site to the websites of
other companies, whether affiliated with us or not. We cannot give any
undertaking, that items you purchase from third party sellers through our site,
or from companies to whose website we have provided a link on our site, will be
of satisfactory quality, and any such warranties are DISCLAIMED by us
absolutely. This DISCLAIMER does not affect your statutory rights against the
third party seller. We will notify you when a third party is involved in a
transaction, and we may disclose your customer information related to that
transaction to the third party seller.
Your rights, obligation, returns and refunds
5. Our cancellation and refunds policy
5.1 You are entitled to cancel your order with us at any
time free of charge prior to the dispatch of the item. You will be entitled to a
full refund of the price that you have paid together with the delivery costs.
5.2 You may cancel your order after the dispatch of the
item, and within a 7 day cooling off period following the successful delivery of
the item, Provided that you arrange to send the goods back to the Exhibitor (at
your cost) and the Exhibitor confirms safe receipt of the same in the original
condition as despatched to you, we will refund the price that you paid for the
goods less postage or courier costs. Confirmation of a refund being due to you
will be sent to you via e-mail within a reasonable period of time. Where we
approve of a refund, we will usually refund any money received from you using
the same method originally used by you to pay for your purchase. We will usually
process the refund due to you as soon as possible and, in any case, within 30
days of the successful receipt of the returned item.
5.3 In the event that an item has to be returned, you must
first contact Design Connections. Returned items must be sent to the Exhibitor
that dispatched the item. Please use the address label on the customer receipt
or transfer the relevant information to the courier address label.
5.4 We regret that for hygiene reasons underwear, swimwear
and piercing products such as earrings cannot be returned. We cannot refund
items that have been used or that are bespoke, personalised or made to order.
5.5 Incorrect items or items returned because of a defect
will be refunded in full, including a refund of the delivery charges for sending
the item to you. In the event the item has a defect or is not what you ordered,
you must notify Design Connections within 7 working days. Return of items under
such circumstances is subject to the approval of Design Connections in
accordance with these terms and conditions. Design Connections will notify the
Exhibitor to arrange for collection. Collection of defective or incorrect items
is the responsibility of the Exhibitor and not Design Connections.
5.6 When returning an item risk lies with you until the
Exhibitor takes safe delivery of the item in its original condition together
with any packaging and we confirm the same to you in writing. It is therefore
advisable that the item is safely re-packaged and sent by sign-for delivery.
Where items of value are concerned it is advisable to take out insurance as
offered by the courier company.
5.7 To return an item, you must inform Design Connections by
e-mail and we will provide you with a reference number. To assist us please add
the reference number to the return dispatch label (found on the customer receipt
enclosed with the item) and return the Item(s) to the Exhibitor, in the same
condition in which you received them, and at your own cost and risk.
5.8 If you fail to cancel the contract within 7 days then
you shall not be able to return the item.
5.9 Details of this statutory right, and an explanation of
how to exercise it, are provided in the Dispatch Confirmation. This provision
does not affect your statutory rights.
6. Availability and Delivery
6.1 On rare occasions it is possible that an item has been
sold but not updated and is therefore unavailable. In this case you will be
notified and a full refund or alternative arrangements will be made.
6.2 Your order will be fulfilled by the delivery date set
out at the time of purchase and in the Dispatch Confirmation. We reserve the
right to extend the delivery time in exceptional circumstances in which case you
will be notified of the delay.
6.3 Items will be dispatched by the Exhiibitor using
recorded/signed-for delivery. It is important that any delivery addresses
provided by you must have someone present to accept delivery of items. Design
Connections and the Exhibitor regret that we cannot provide specific delivery
dates/times. Inability to deliver items caused by your supplying incorrect
details or being unavailable to accept delivery may incur additional charges. In
such circumstances we reserve the right to bill you any additional costs
incurred.
7. Risk and Title
7.1 The item will be at your risk from the time of delivery.
7.2 At all times intellectual property rights of the items
are retained by the Exhibitor (in accordance with paragraph 1.4).
8. Price and Payment
8.1 The price of any item will apply as advertised on our
site, except in cases of obvious error. We cannot absolutely confirm prices
prior to acceptance of your order. Prices payable for items will be those in
effect at the time of dispatch. If this differs in any way from the price
advertised you will be notified.
8.2 All prices set out the delivery charges which must also
be paid when an order is made. If you would like to arrange to personally
collect the item, please contact Design Connections who will facilitate the
appropriate discount. With the exception of customer collection, the delivery of
the item will be the responsibility of the Exhibitor.
8.3 Payment for all items must be by credit or debit card.
We accept all major credit and debit cards. We will charge your card at the time
of purchase. Alternative methods of payment may be considered, please contact
Design Connections Customer Services.
9. Our Liability
9.1 Design Connections cannot offer any guarantee for any
items that are for sale. Customers are reminded that we simply act as a portal
bringing customers and Exhibitors together (please refer to paragraph 4).
9.2 Our liability in connection with any item purchased
through our site is strictly limited to the purchase price of that item.
9.3 This does not include or limit in any way our liability:
- (a) For death or personal injury caused by our negligence;
- (b) Under section 2(3) of the Consumer Protection Act 1987;
- (c) For fraud or fraudulent misrepresentation; or
- (d) For any matter for which it would be illegal for us to exclude, or
attempt to exclude, our liability.
9.4 We accept no liability for any loss of income or
revenue, loss of business, loss of profits or contracts, loss of anticipated
savings, loss of data, waste of management or office time or for any indirect or
consequential loss or damage of any kind however arising and whether caused by
tort (including negligence), breach of contract or otherwise, even if
foreseeable.
10. Import Duty
10.1 If you order items from our site for delivery
outside the UK, they may be subject to import duties and taxes which are levied
when the delivery reaches the specified destination. You will be responsible for
payment of any such import duties and taxes. Please note that we have no control
over these charges and cannot predict their amount. Please contact your local
customs office for further information before placing your order.
10.2 Please also note that you must comply with all
applicable laws and regulations of the country for which the items are destined.
We will not be liable for any breach by you of any such laws.
11. Written Communications
Applicable laws require that some of the information or communications we
send to you should be in writing. When using our site, you accept that
communication with us will be mainly electronic. We will contact you by e-mail
or provide you with information by posting notices on our website. For
contractual purposes, you agree to this electronic means of communication and
you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This condition does not
affect your statutory rights.
12. Notices
All notices given by you to us must be given to Design Connections Limited,
and where applicable the Exhibitor. We may give notice to you at either the
e-mail or postal billing address you provide to us when placing an order, or in
any of the ways specified in this agreement. Notice will be deemed received and
properly served immediately when posted on our site, 24 hours after an e-mail is
sent, or three working days after the date of posting of any letter. In proving
the service of any notice, it will be sufficient to prove, in the case of a
letter, that such letter was properly addressed, stamped and placed in the post
and, in the case of an e-mail, that such e-mail was sent to the specified e-mail
address of the addressee.
13. Transfer of rights and obligations
13.1 The contract between you and us is binding on you and
us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise
dispose of a Contract, or any of your rights or obligations arising under it,
without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or
otherwise dispose of a Contract, or any of our rights or obligations arising
under it, at any time during the term of the Contract.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to
perform, or delay in performance of, any of our obligations under a Contract
that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event,
non-happening, omission or accident beyond our reasonable control and includes
in particular (without limitation) the following:
- (a) Strikes, lock-outs or other industrial action by the Exhibitors or any
third party.
- (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war.
- (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster.
- (d) Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport.
- (e) Impossibility of the use of public or private telecommunications
networks, the Internet or postal carriers.
- (f) The acts, decrees, legislation, regulations or restrictions of any
government.
14.3 Our performance under any Contract is deemed to be
suspended for the period that the Force Majeure Event continues, and we will
have an extension of time for performance for the duration of that period. We
will use our reasonable endeavours to bring the Force Majeure Event to a close
or to find a solution by which our obligations under the Contract may be
performed despite the Force Majeure Event.
15. Waiver
15.1 If we fail, at any time during the term of a Contract,
to insist upon strict performance of any of your obligations under the Contract
or any of these terms and conditions, or if we fail to exercise any of the
rights or remedies to which we are entitled under the Contract, this shall not
constitute a waiver of such rights or remedies and shall not relieve you from
compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a
waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions
shall be effective unless it is expressly stated to be a waiver and is
communicated to you in writing in accordance with paragraph 12 above.
16. Severability
If any of these terms and Conditions or any provisions of a Contract are
determined by any competent authority to be invalid, unlawful or unenforceable
to any extent, such term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by law.
17. Entire agreement
17.1 These terms and conditions and any document expressly
referred to in them represent the entire agreement between us in relation to the
subject matter of any Contract and supersede any prior agreement, understanding
or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract,
neither of us has relied on any representation, undertaking or promise given by
the other or be implied from anything said or written in negotiations between us
prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any
untrue statement made by the other, whether orally or in writing, prior to the
date of any Contract (unless such untrue statement was made fraudulently) and
the other party's only remedy shall be for breach of contract as provided in
these terms and conditions.
18. Our right to vary these terms and conditions
18.1 We have the right to revise and amend these terms and
conditions from time to time.
18.2 You will be subject to the policies and terms and
conditions in force at the time that you order Items from us, unless any change
to those policies or these terms and conditions is required to be made by law or
governmental authority (in which case it will apply to orders previously placed
by you), or if we notify you of the change to those policies or these terms and
conditions before we send you the Dispatch Confirmation (in which case we have
the right to assume that you have accepted the change to the terms and
conditions, unless you notify us to the contrary in writing within 7 working
days of receipt by you of the Items).
19. Law and jurisdiction
Contracts for the purchase of Items through our site will be governed by
English law. Any dispute arising from, or related to, such Contracts shall be
subject to the non-exclusive jurisdiction of the courts of England and Wales.
Design Connections invites customer feedback. If you have any concerns,
suggestions or ideas that may help us provide a better service to our Customers
or Exhibitors please contact us at feedback@design-connections.com.