Terms and Conditions of Sale

Revised: 22.06.2016 

TERMS AND CONDITIONS OF SALE 

This page gives you information about Ivy Burley (me) and the legal terms and conditions (Terms) on which products (Products) listed on my blog (my site) are sold. These Terms will apply to any contract for the sale of Products to you (Contract).

Please read these Terms carefully and make sure that you understand them, before ordering any Products from my site. Please note that by ordering any of my Products, you agree to be bound by these Terms. You should print a copy of these Terms or save them to your computer for future reference.

I amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms, and any Contract between us, are only judiciable under English Law in English courts of law. 

Information about me:

To contact me, please email me at: ibosham < at > gmail.com

The Products:

The images of the Products on our site are low-resolution and for illustrative purposes only. Although I have made every effort to display the colours accurately, I cannot guarantee that your computer's display accurately reflect the colour or texture of the Products.

All Products shown on my site are offered for sale subject to availability. I will inform you by e-mail as soon as possible if the Product you have ordered is not available and will not process your order if made.

Use of the site:

Your use of the site is governed by these Terms of Use.

You may only purchase Products from the site if you are at least 18 years old.

I intend to rely upon these Terms in relation to the Contract between you and I. Please ensure you ask for any agreed variations from these Terms to be confirmed in writing.

As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect those legal rights.

These Terms constitute the entire agreement between you and me. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of me that is not set out in these terms.

How the contract is formed between you and me:

After you place an order, you will receive an email from me acknowledging that I have received your order. However, please note that this does not mean that your order has been accepted. My acceptance of your order will take place as described next:

I will confirm my acceptance of your order by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The Contract between us will only be formed when I send you the Dispatch Confirmation.

If I am unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the site, I will inform you of this by e-mail and will not process your order. If you have already paid for the Product, I will refund you the full amount as soon as possible.

My right to vary these terms:

I may revise these Terms from time to time. The Terms in force at that time will apply to the Contract.

Whenever I revise these Terms in accordance with this clause, I will amend the relevant date at the top of this page.

Your cancellation and refund rights if you are a consumer:

If you are a consumer, you may cancel the Contract at any time from the date you receive the Dispatch Confirmation up to fourteen days from delivery. This means that if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

However, this cancellation right does not apply in the case of any custom-made products, such as privately commissioned products.

To cancel a Contract, you must contact me in writing or by sending an email to: ibosham < at > gmail.com.

You will receive a full refund of the price you paid for the Product and any applicable delivery charges you paid. I will process the refund due to you normally within 3 working days after your artwork has been received by me.

If the Product was delivered to you, you must return the Product in the same condition as dispatched as soon as is reasonably practicable and in its original packaging and including any certificates. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

As a consumer, you will always have legal rights in relation to Products that are defective or not as described. These legal rights are not affected by these Terms.

You agree to notify me immediately in the event that a consignment is damaged in transit. I may require supporting photographs of the damaged Product to enable me to claim from the shipping agent. You agree to supply such images on request.

Delivery

Your order will be fulfilled as soon as reasonable, unless there is an Event Outside Control, and I will provide you with a tracking number (if available) once the Product has been shipped. If I am unable to fulfill delivery because of an Event Outside Control, I will contact you.

Delivery will be completed when the Product is delivered to the delivery address you gave me.

The Product will be your responsibility from the completion of delivery.

You will own the Product once I have received payment in full, including all applicable delivery charges and have received confirmation of delivery to you.

International delivery

If you order Products from me for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes that are applied when the delivery reaches that destination. Please note that I have no control over these charges and cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the Products are destined. I will not be liable or responsible if you break any such law and you agree to indemnify me against such claims.

Price of products and delivery charges:

The prices of the Products will be as quoted to you by email by me.

Prices may change from time to time, but such changes will not affect any order that I have confirmed with a Dispatch Confirmation.

The price of a Product includes delivery charges if your Delivery Address is in mainland UK, Canada, USA and most European countries. If your Delivery Address is outside these areas, you must contact me to confirm the delivery charge before placing your order.  

It is always possible that, despite reasonable efforts, some of the Products on my site may be incorrectly priced. If I discover an error in the price of the Products you have ordered I will inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your order. I will not process your order until I have your instructions. If I am unable to contact you using the contact details you provided during the order process, I will treat the order as cancelled.

How to pay:

Payment is made through PayPal. You can also pay for Products by bank transfer.

Products are displayed in UK pounds sterling.

Payment for the Products and all applicable delivery charges is in advance of dispatch.

My warranty for the Products:

I provide a warranty that on delivery and for a period of twelve [12] months from date of delivery, the Products shall be free from material defects.

However, this warranty does not apply to any defect in the Products arising from: a) fair wear and tear; b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) any alteration or repair by you or by a third party; or e) any specification provided by you.

If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described

My liability if you are a consumer:

If I fail to comply with these Terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breach of these Terms or my negligence, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if, for example, they were an obvious consequence of my breach or if you or I contemplated them at the time we entered into the Contract.

I only supply Products intended for domestic and private use. You agree that if you use the product for any commercial, business or re-sale purposes that I will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or other consequential loss.

I do not in any way exclude or limit my liability for: a) death or personal injury caused by my negligence; b) fraud or fraudulent misrepresentation; c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and e) defective products under the Consumer Protection Act 1987.

Events outside control:

I will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control.

An Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.

Communications between us:

When these Terms refer to "in writing", this includes email.

If you wish to contact me in writing, or if any clause in these Terms requires you to give me notice in writing, you can send this to me by email: ibosham < at > gmail.com I will confirm receipt of this by contacting you in writing, normally by e-mail.

If I have to contact you or give you notice in writing, I will do so by email or by pre-paid post to the address you provide to us in your order.

Other terms:

I may transfer my rights and obligations under a Contract to another individual or organisation, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if I agree in writing.

This contract is between you and I. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only do so in writing, and that will not mean that I will automatically waive any later default by you.

If you are a consumer, please note that English law governs these Terms. English law will govern any dispute or claim arising out of or in connection with it. You and we agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Except as expressly stated in these terms I give no representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we I not be responsible for ensuring that the Products are suitable for your purposes.

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