Our Terms and Conditions.
1. Name of supplier
Karen Oprey trading as Sirocco Design of 6 Newbury Place, Warsash, Hampshire SO31 9TH (‘we’ or ‘us’ in these terms and conditions) shall be supplying the design services and wedding stationery to you.
2. What is to be provided to you by us
2.1 We and you have agreed that we will supply to you the design services and wedding stationery described on our website (and in any pre-order quote) as requested by you in the completed order form and confirmed in our email acceptance (or other means of acceptance where you do not provide an email address) of your order.
2.2 In order for us to supply the design services and wedding stationery you must adhered to your obligations under this contract and respond to any request for information or confirmation of the acceptability of any proof within a reasonable time to enable us to meet out obligations.
3. Price (and VAT)
The price for the design services and wedding stationary is as stated in our pre-order quote (if any) and/or the order form and confirmed in our acceptance of your order and is inclusive of VAT. If you are making payment by cheque then payment should be from a UK bank, with the cheque being made out to Sirocco Design and crossed ‘A/C payee only’. You may also pay at your discretion by electronic bank transfer to our account (details available upon request). The price will remain valid for the duration of this Contract.
4. When payment is to be made
You will need to make payment in two instalments, 50% of the price must be paid at the time you place your order and the remaining 50% must be paid when you agree the proof. Please note that we will not be able to perform the design services or deliver any wedding stationery until we have received payment (and this means where the funds have reached our bank account).
5. Delivery
Delivery of the items will cost £12.00 inclusive of VAT and must be paid with the second instalment of the price. Where you have ordered a table plan as part of the wedding stationery delivery will cost an additional £12.00 inclusive of VAT which must also be paid with the second instalment of the price.
6. When delivery will be made
6.1 Our aim is to perform the design services and deliver the wedding stationery within 12 weeks of the date of our acceptance of your order (unless otherwise agreed) but it will not always be possible to do so, for example where delay is caused by circumstances which are outside our control or where we require your further instructions or consideration of any proof and you delay. Therefore we and you agree that we cannot always guarantee to perform the services and deliver the wedding stationery within 12 weeks (or as otherwise agreed), but we aim to do so as soon as we reasonably can.
6.2 You will become the owner of the wedding stationery you have ordered when it has been delivered to you. Once the wedding stationery has been delivered to you it will be held at your own risk and we will not be liable for its loss or destruction.
6.3 At no time will you become the owner of any intellectual property rights, including copyright, in any designs produced in the performance of the design services or in the wedding stationery delivered. All intellectual property rights will vest in us.
7. Cancellation rights
7.1 You can cancel this contract within seven days of conclusion of the contract by you and us where we are to supply design services as part of your order. The seven day period starts on the day after the contract is concluded. Please note that you cannot cancel the contract once we have started to perform the design services, or where you have agreed to us starting to perform the design services before the end of the seven days.
7.2 If no design services are to be provided as part of your order so that it relates only to the supply of wedding stationery you cannot cancel this contract.
7.3 You cannot return any wedding stationery delivered to you because you have changed your mind as this is a contract for wedding stationery made to your specification.
7.4 To cancel the contract you will need to send a letter to us. You can send the letter by post, email or by personal delivery. Contact details for where to send the letter are set out below. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified within seven days. The contract will only be cancelled when we confirm receipt of your notice.
7.5 In the event of any cancellation properly arising under this paragraph 7 we will as soon as possible, but in any event within 30 days of the giving of notice by you re-credit you with the price (or percentage of the price as the case may be) paid.
8. Contact details
8.1 Our address is 6 Newbury Place, Warsash, Hampshire SO31 9TH. You may also e-mail us at info@siroccodesign.co.uk or telephone us on 07896 562922.
8.2 If you have any complaints about the design services or wedding stationery supplied or any aspect of the way we have dealt with your order please contact Karen Oprey at Sirocco Design, either by writing, e-mail or by telephone, via the contact details given in Paragraph 8.1.
8.3 If you wish to return wedding stationery ordered which you do not consider meets the order or wish to cancel the contract in accordance with paragraph 7, letters or other communications should be addressed to Sirocco Design, either by writing, email or by telephone, via the contact details given in Paragraph 8.1.
9. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy (available on our website).
10. Ownership of wedding stationery
We shall own the wedding stationery until we have received payment in full from you, even though the wedding stationery may have been already delivered to you. Where you have paid by cheque or bank transfer ‘payment in full’ means that the funds have reached our bank account.
11. Acceptance of orders
In respect of orders made through our website an order will only be accepted by us when we send to you an email (or other form of correspondence where you do not provide an e-mail address) confirming that we have accepted your order. Until you receive our confirmation there will not be a binding contract between you and us. Any information on our website, or your filling in details or clicking any button or icon indicating you are making an order does not, and is not intended to, constitute a binding contract between you and us. Only on our sending the confirming email (or other means of confirmation where you do not provide an e-mail address) will we be entering into a binding contract with you.
12. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13. Limitation of liability
13.1 We aim to carry out the design services with reasonable care and skill. If any part of the design services is performed negligently or in breach of the provisions of this contract then, on your request, we will re-perform the relevant part of the design services. For the avoidance of doubt, by indicating your acceptance of any proof you are confirming that the design services have been carried out to your complete satisfaction and in accordance with this contract.
13.2 If the wedding stationery we deliver does not correspond with the order or agreed proof or is damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address above of the problem within 10 working days of the delivery of the wedding stationery in question.
13.3 If you notify a problem to us under Paragraph 13.2, our only obligation will be:
to make good any shortage or non-delivery; or
to replace any wedding stationery that is, incorrect, damaged or defective;
13.4 If you do not receive wedding stationery ordered by you within 12 weeks of the date of our confirmation of acceptance of your order we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 weeks of the date on which we confirmed the acceptance of your order.
13.5 Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract howsoever arising whether in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the price you have paid to us.
13.6 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising whether out of any negligence or breach of the contract on our part or otherwise and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us.
13.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase wedding stationery from us or our website. The importation or exportation of certain of our wedding stationery to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the wedding stationery you purchase.
13.8 Nothing in this contract shall affect your statutory rights.
14. Entire agreement
These terms and conditions, together with the completed order form (and pre-order quote in respect thereof), our acceptance of your order and our current website set out the whole of our agreement relating to the supply of the design services and wedding stationery to you by us. Nothing said by any person or representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any wedding stationery offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
15. Law and jurisdiction
The validity, construction and performance of this contract shall be governed by English law and it shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.
16. Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
© Sirocco Design 2007
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