TERMS AND CONDITIONS
1. THESE TERMS
2. INFORMATION ABOUT US AND HOW TO CONTACT US
- These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
- Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
3. OUR CONTRACT WITH YOU
- We are Illustrated Identity Limited, Unit 12 Simcox Court, Riverside Park Middlesbrough, TS2 1UX, United Kingdom
- You can contact us by telephoning at 07715655137 or by writing to us at firstname.lastname@example.org
- If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- When we use the words “writing” or “written” in these terms, this includes emails.
4. OUR PRODUCTS
- Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- All of our products are bespoke and handmade to order which includes the size specification and print. The images contained on our website are therefore for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a product display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images including all sizes, dimensions and measurements.
- The packaging of the product may vary from that shown in images on our website.
- If we are making the product to bespoke printing sizes, you have given us you are responsible for ensuring that these measurements are correct.
- Our products require regular maintenance from you to ensure longevity and functionality. You should expect regular wear and tear to appear on products throughout the duration of their use.
5. YOUR RIGHTS TO MAKE CHANGES
Subject to clause 4.1 if you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
- We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements such as stitching methods or the type of print technique that we use. These changes will not affect your use of the product.
- Subject to clause 6.1, where any substantive changes are needed to the products, we will contact you prior to making the changes for your approval. Where we have incurred costs of materials, we may at our discretion request payment for the costs incurred by us. Refunds will be dealt as set out in our refund policy.
7. PROVIDING THE PRODUCTS
- The costs of delivery will be as displayed to you on our website or written to you in email.
- We will deliver the product to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. An estimation will be given when we confirm the order of your goods. Should you require delivery prior to our estimation please contact us and we will use reasonable endeavours to comply with any delivery requirements that you may have however time shall not be of the essence.
- If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
- If you have asked to collect the products from our premises, then we will arrange a time with you prior to collection.
- We will deliver the product to the address given by you at which point risk for the product will pass to you. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract
- You own a product once we have received payment in full.
- We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website or via email. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
- We may have to suspend the supply of a product in accordance with but not limited to those matters to clause 6. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.
- Where you fail to make payment in accordance with these terms for the product(s) we reserve the right to delay commencement of production or delivery of the product(s) until payment is made.
8. YOUR RIGHTS TO END THE CONTRACT
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product repaired or replaced or a service re-performed or to get some or all of your money back.
- If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong under these terms and conditions.
- For most products bought online you have a legal right to change your mind within 14 days and receive a refund, however, as our products are made to order on your specification we may, at our sole discretion, refuse to offer you a refund or cancellation.
- Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, you must contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) as compensation for the costs we will incur as a result of your ending the contract or reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US
- To end the contract with us, please let us know in writing.
- If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.
- You must either return the goods in person to where you bought them, post them back to us, at your own expense, or (if they are not suitable for posting) allow us to collect them from you.
- We will pay the costs of return, if the products are faulty or misdescribe
- If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- We will refund you the price you paid for the products including delivery costs by the method you used for payment. However, we may make deductions from the price.
- Subject to clause 8.3 if you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods on receipt. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- We will make any refunds due to you as soon as possible.
10. OUR RIGHTS TO END THE CONTRACT
- We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not provide us with the relevant information, at the time of our asking, in order for us to provide the products; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you for the costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
- If you have any questions or complaints about the product, please contact us.
- We are under a legal duty to supply products that are in conformity with this contract and the relevant laws. Nothing in these terms will affect your legal rights.
- If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you.
12. PRICE AND PAYMENT
- The price of the product will be the price indicated on the order pages when you placed your order, or in product options emailed to you. We take all reasonable care to ensure that the price of the product advised to you is correct.
- It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- You must make payment prior to us accepting the order for your product. Failure to make payment will mean that we hold liability to you to supply the product that you have selected.
- If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount. The initial charge will be 8% of invoice total plus the Bank Of England Base Rate.This interest shall accrue on a monthly basis at 1.5% from the intial late payment charge until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Our liability to you shall be limited to the cost of the products you have purchased from us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
- If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under these terms to another organisation.
- You may not transfer your obligations to any third party.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- These terms are exclusively governed by English law and you can only bring legal proceedings in respect of the products in the English courts.
- If you are unhappy with the product that we have provided you are to first bring your complaint to our attention and to engage in alternative dispute resolution methods prior to any legal proceedings being commenced.