TERMS AND CONDITIONS
"Buyer" means the person or company who accepts the seller's quotation for the sales of the goods or whose order for the goods is accepted by the seller;
"Goods" means the goods (including any instalment of the goods or any parts for them) which the seller is to supply in accordance with these terms;
"Order" means the buyer's acceptance of the sellers quotation for the goods or the order placed by the seller for the goods whether by means of individual quotation, any published seller's catalogue or website which the buyers accept;
"Quotation" means the written quotation setting out the price of the goods provided by the seller to the buyer;
"Seller" means The Handcrafted Party.
"Terms" means the standard terms of sale set out in the document and includes any special terms agreed in writing between the seller and buyer;
"Our Website" means www.thehandcraftedparty.com
These terms govern the sale of the goods sold by the seller to the buyer named on the order form provided on the sellers web site, catalogue, quotation or other order form via email or post provided by the seller and where the goods are supplied as a result of the buyer's acceptance of the quotation. The completed order form or quotation together with the terms constitute the entire and only agreement between the parties in relation to the sale of the goods and comprises a legally binding contract between the parties.
2. Price and payment
2.1 If the buyer places an order via the sellers web site, the price payable for the goods will be set out on the web site at the time the seller accepts the order.
2.2 The buyer may place an order following a written or verbal quotation from the seller and the prices of the goods will be detailed in the said quotation.
2.3 If the buyer accepts the seller’s quotation then the prices contained therein are only valid for the period of 14 days from the date of the quotation. If the buyer wishes to order the goods stated in the quotation after this period then a new quotation should be obtained or an enquiry made as regards the price of the goods upon making an order.
2.4 Notwithstanding the above clauses the seller reserves the right by giving written notice to the buyer at any time before delivery, to vary the price of the goods to reflect any increase/decrease in cost to the seller which is due to any factor beyond the control of the seller.
2.5 The buyer shall be responsible for any charges for V.A.T., carriage and insurance in addition to the price for goods unless otherwise agreed in writing between parties.
2.6 The seller must receive payment for the total price of the goods and any applicable charges for V.A.T. carriage and insurance, before the order can be accepted unless otherwise agreed in writing.
2.7 All Goods will remain the property of the seller until the goods are paid for in full, cleared funds. If the buyers cardholder declines payment, whether before or after dispatch of the product to the buyer, the seller will treat the order as being cancelled. If the goods have been dispatched the seller may:- Require the buyer to return the goods to the seller in the original condition within 7 days; or Require the buyer to pay in full by satisfactory alternative means within 7 days.
2.8 The buyer shall be responsible for ensuring the accuracy of any order submitted to the seller, with special attention to delivery address, payment and purchased goods.
2.9 The seller accepts payment by credit or debit card through the online secure Paypal service.
2.10 If bespoke goods are requested, an email design proof will be sent to the buyer for approval within 7 days of the request being received by the seller. Once the design has been approved by the buyer, the design will not be able to be changed or altered.
3. Delivery and title
3.1 Delivery of the goods shall be made by the seller to the address of the buyer as stipulated on the order. A signature indicating safe receipt of the goods may be required on delivery or collection.
3.2 Any dates quoted for delivery of the goods are approximate only and the seller shall not be liable for any delay in delivery of the goods howsoever caused.
3.3 If the buyer fails to take delivery of the goods then without limiting any other right or remedy available to the seller, the seller may store the goods until actual delivery and charge the buyer for the reasonable costs (including insurance) of storage.
3.4 Risk of damage to or loss of the goods shall pass to the buyer: a) in the case of goods to be delivered at the buyers premises, at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when the seller has tendered delivery of the goods: b) in the case of goods being collected from the seller's premises, at the time when the seller notifies the buyer that the goods are available for collection.
3.5 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these terms, the property in the goods shall not pass to the buyer until the seller has received payment in full of the price of the goods together with any charges in respect of V.A.T, carriage and insurance.
3.6 Until such time as the property in the goods passes to the buyer, the seller may at any time require the buyer to deliver up the goods to the seller, and if the buyer fails to do so forthwith, enter on any premises of the buyer or any third party where the goods are stored and repossess the goods.
3.7 The buyer shall be responsible for obtaining all licences for the export or import of the Goods and for obtaining any other licences required for the delivery or sale of the Goods in the country of destination.
4.1 The seller shall endeavour to hold sufficient stock to meet all orders, however if there are insufficient stock to supply or deliver the goods already paid for by the buyer, the seller shall, at its discretion, supply or deliver a substituted product or refund to the buyer the price paid for the goods as soon as possible and in any event within 30 days.
5. Cancellation and returns
5.1 The buyer shall be entitled to cancel the order for standard & stock products by giving to the seller notice of cancellation within 7 days of the date of delivery. Such notice may be given by phone, post or email to the contact address set out on the website.
5.2 On cancellation, the buyer shall return the goods to the seller at its own cost unless the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the seller, in which case the seller will meet the cost of return subject to being able to nominate the carrier.
5.3 If the buyer wishes to cancel an order for bespoke products, notice of cancellation must be made within 1 day of placing the order; however such cancellation shall be subject to a fee in respect of any work carried out by the seller up to the date of receipt of such notice.
5.4 Where the buyer returns goods to the seller for reasons other than such goods being defective or faulty, the seller reserves the right to charge the buyer a fee in respect of restocking the said goods.
5.5 The buyer is required to ensure that any goods being returned to the seller are safely and securely packaged in the original packaging to ensure that they are returned undamaged and suitable for re-sale. The seller reserves the right to charge the buyer for any goods which it is unable to resell.
6.1 A claim by the buyer which is based on any defect in the quality, quantity or condition of the goods shall be notified to the seller in accordance with clause 5.1 or (where the defect or failure was not apparent on reasonable inspection) within 7 days of the discovery of the defect or failure. If delivery is not refused and the buyer does not notify the seller accordingly, the buyer shall have no right to reject the goods and the seller shall have no liability for such defect or failure, and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
6.2 Where the buyer does notify the seller that there is a valid claim in respect of any of the goods the seller may replace or repair the goods or at its discretion refund to the buyer the price of the goods, in which case the seller shall have no further liability to the buyer. For the sake of clarity, the seller shall not be liable to the buyer for any loss or damage arising out of any problem in relation to the goods and shall have no liability to pay any money to the buyer by way of compensation other than any refund made under these terms. This does not affect the buyer’s statutory rights as a consumer, nor is it intended to exclude the seller’s liability to the buyer for fraudulent misrepresentation or for death or personal injury resulting from the seller’s negligence.
6.3 The seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the buyer or any other party, or damage caused by the incorrect installation, use, modification or repair of the goods;
If at any time the buyer breeches any of these terms and conditions, described or referenced here, and the seller does not take any action at that time, the seller still maintains the right to take any required action at a later date and time.
8. Third Party Links
The seller may provide links to other website or resources for the buyer to access at their sole discretion. The buyer acknowledges and agrees that, the buyer has chosen to enter the linked website therefore the seller is not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites (ii) the content of the websites, including without limitation any advertising, content, products, goods or other materials or services on or available from such websites or resources (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
The seller shall be entitled to suspend further supply or delivery, stop any goods in transit or immediately terminate the contract with the buyer by notice in writing if the buyer is in breach of an obligation hereunder or becomes unable to pay its debts when they fall due
10.1 Our Website design, graphics used on Our Website and the design of the goods for sale on Our Website are under strict copyright @The Handcrafted Party. It is strictly forbidden to modify or replicate Our Website or the sellers goods in any way without prior permission. It is forbidden to copy, print, store on disk, distribute, alter or tamper with any content or material on Our Website without prior permission.
10.2 The seller retains the right to use images of the product designed for the buyer as examples on the site. If the buyer would prefer their goods not to be displayed, the buyer should contact the seller and it shall be removed.
11. Force Majeure
The seller shall have no liability to the buyer for any failure or delay in supply or delivery or for any damage or defect to the goods supplied or delivered hereunder that is caused by any event or circumstance beyond the sellers reasonable control, including without limitation:
strikes, lockouts, acts of god, flood, tempest, fire, accident;
(ii) war or threat of war, sabotage, insurrection, civil disturbance, requisition;
(iii) acts, restrictions, regulations, bye-laws or measures of any kind on the part of any governmental parliamentary or local authority;
(iv) import or export regulations or embargoes;
(v) strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
(vi) difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
(vii) power failure or breakdown in machinery.
12. Insolvency of the Buyer
This clause applies if:
the buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
an encumbrancer takes possession, or a receiver is appointed over any of the property or assets of the buyer; or
the buyer ceases or threatens to cease to carry on business; or
the buyer reasonably apprehends that any of the events mentioned above are about to occur in relation to the buyer and notifies the buyer accordingly.
If this Clause applies then without prejudice to any other rights or remedies available to seller, the seller shall be entitled to cancel the Terms or suspend any further deliveries under the Terms without any liability to the buyer and if the Goods have been delivered and not paid for the price of the Goods in question shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
12.1 The seller reserves the right to unilaterally vary these terms and conditions from time to time. The buyer should check and read the terms and conditions for any updates and/or amendments before placing any order with the seller. If the buyer does not agree to any of the terms and conditions at any time, the buyer should not place any order with the seller.
12.2 If any part of these conditions is invalid, illegal or unenforceable (including any provision in which the seller excludes its liability to the buyer) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
12.3 The seller shall endeavour to resolve any disagreements between the buyer and the seller quickly and efficiently. The agreement between the buyer and the seller shall be governed by the laws of England and Wales and the buyer and the seller shall both submit to the exclusive jurisdiction of the courts of England and Wales.
The Handcrafted Party
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OUTLINED ABOVE.