TERMS &
CONDITIONS
TERMS AND CONDITIONS OUTLINE
1. Acceptance of Order
As the Buyer it is your responsibility to check that all the details and aspects of your order are correct and that the Goods are suitable for your requirements (including product features, measurements etc.,) prior to placing your order.
2. Collection/Shipping
Because the Business does not deliver or arrange shipping this charge is not included in the price of your item. Due to the special nature of the pieces, more specialised packaging and delivery is required. We are happy to suggest a suitable courier; please see the Shipping/Collection on our website. Once payment for the item(s) has been made, you may choose to take receipt of your purchase in person or by your appointed courier by prior appointment from our design studio. Orders of existing artwork will be available for pick up in five business days from date of purchase and will be only be released to your courier by your prior express authorisation.
3. Payment
Every effort is made to ensure that prices are correct at the time of publication. If an error has been made, we the Business or you the Buyer may cancel the order subject to the relevant terms.
We reserve the right to change prices without notice up until the time you have placed your order.
International customers will be responsible for the payment of any applicable import duties and taxes.
4. Storage
Take care when positioning your furniture art to avoid direct sunlight, or particularly damp conditions which may warp the material over time. As the Business, we are unable be held liable for conditions of use or storage within your home after your 14 day cool off period ends.
5. Colour & Anomalies
Although we are confident that our photographs and descriptions portray our artwork as closely matched to the original product as possible, Goods may not appear precisely the same colour as shown on the website.
Art and hand-worked objects are never perfect, and as vintage items with unique finishing, within acceptable limits there may occur imperfections in our pieces, which can only be considered a naturally occurring phenomena for their age and the processes they have undergone, and therefore not considered defective.
5. Contact Address and Business Details
Address: Paisley House Combe Fields, Bristol BS20 6JU
+44 7375 022596 | info@smithpaisleydesigns.com
TERMS AND CONDITIONS - LONG FORM
1. TERMS AND CONDITIONS OF SALE
1.1 In these Conditions: Buyer means the person whose name and details appear on the relevant agreements entered into and to whom the Business is selling the Goods or providing the Services. Business means L SWANEPOEL t/a SMITH PAISLEY DESIGNS or SPD. Conditions means the terms and conditions of sale set out in this document. Contract means the contract for the sale of the Goods to the Buyer subject to the Conditions. Goods mean furniture, décor’ items, merchandising or any other goods according to the online description which the Business is selling to the Buyer in accordance with the Conditions. Services mean custom designs or bespoke restoration work requested by the Buyer to any of their furniture or décor items, or items purchased from the Business for this purpose. The headings in these Conditions are for convenience only and shall not affect their interpretation Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time
2. BASIS OF THE SALE
2.1 The Contract made between the Business and the Buyer for the purchase of the Goods shall incorporate and be subject to these Conditions and upon receipt of any payment from the Buyer for the Goods shall be deemed conclusive proof that the Buyer has accepted these Conditions. 2.2 No other agreement, representation, statement or promise of any kind shall form part of, alter, vary, supersede, or operate as a waiver of these Conditions or any of them unless expressly made or accepted by a director of the Business in writing. 2.3 The Buyer shall not be entitled to rely on any typographical, clerical or other error or omission in any sales literature or price-list in relation to any Goods offered for sale on the website. Any such error or omission shall be subject to correction without any liability on the part of the Business.
3. PRICE AND PAYMENT
3.1 All prices and charges for the Goods on the website are quoted in Pounds Sterling. They also exclude any shipping or delivery costs.
3.2 The Price of the Goods must be paid by the Buyer by a means approved and made available by the Business.
3.3 Where applicable if the Goods are not collected by the Buyer or their representative/shipping company within 21 days of notification of availability, or any property of the Buyer to which services were requested by the Buyer has not been collected by the Buyer or by their representative/shipping company within 21 days of completion of Services, the Business may: - 3.3.1 Resell the Goods or where applicable sell or otherwise dispose of any other such property of the Buyer for the Business' sole benefit without liability to the Buyer.
4. RISK AND OWNERSHIP
4.1 Risk of damage to or loss of the Goods shall pass to the Buyer: 4.1.1 at the time when the Goods are collected by or on behalf of the Buyer; or 4.1.2 as the Buyer, if you choose to use a courier the risk passes to you as soon as the Goods are handed to your courier; 4.2 Notwithstanding delivery and the passing of risk in regard to the Goods or any other provision of these Conditions, the property of the Goods shall not pass to the Buyer until the Business has received payment in full of the price of the Goods in cleared funds.
5. WARRANTIES AND LIABILITY
5.1 As Buyer, please read the descriptions carefully of Goods of interest, and contact the Business with any queries prior to placing your order for anything unclear or not described. Any claim by the Buyer which is based on a legitimate defect in quality or condition which could not have been made known by contacting the Business for more information or clarity, must be notified to the Business immediately in writing or within seven days from the date of purchase. If the Buyer does not notify the Business accordingly the Buyer shall not be entitled to reject the Goods and the Business shall have no further liability of any nature whatsoever for such defect.
5.2 Wherever any valid claim in respect of any of the Goods which is based on any defect in their quality or condition is notified to the Business in accordance with these Conditions, the Business shall against return of the Goods in their original condition refund to the Buyer the price of the Goods, excluding delivery costs, and the Business shall have no further liability of any nature whatsoever to the Buyer.
5.3 It is the Buyer’s responsibility to observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. We make no representation and accept no liability in respect of the export or import of the goods you purchase via your own personal courier service.
6. SERVICES
6.1 If the Business agrees to carry out Services the provisions of these Conditions shall apply to such Services with the necessary changes save to the extent that this condition conflicts with such Conditions, in which case the provisions of this condition shall prevail.
6.2 The Business may sub-contract the Services in whole or in part and in doing so shall be deemed to act as the agent of the Buyer.
7. COLLECTION / SHIPPING
7.1 FAQs
When will furniture artwork and décor be ready for pick up?
Orders of existing artwork will be available for pick up in five business days from date of purchase. Many of our pieces are handmade to order just for you here in the UK and these will take longer and times will vary if they’re on a waiting list. You will be given an approximate time period on enquiry.
7.2 UK PICK UPS / COLLECTIONS
7.2.1. Please note the Business does not deliver therefore a delivery charge it is not included in the price of the item or added at checkout.
7.2.2 The Buyer may arrange to collect an order personally by appointment only from our design studio in the Greater Bristol area.
7.2.3 As the Buyer you may arrange your own suitable courier (i.e. preferably approved for fragile goods and with insurance); For your added convenience examples of suitable couriers are suggested.
7.2.4 The Business will only release your goods to your courier by your prior express authorisation.
7.3 WORLDWIDE SHIPPING
7.3.1 Please note the Business does not arrange shipping and therefore this charge is not included in the price of the item or added at checkout.
7.3.2 International buyers, including EU-based nationals are responsible for payment of any local customs, tax and duty requirements.
7.3.3 Due to the nature of our items the Business recommends an exclusive white glove delivery service to avoid or greatly minimise any damage to your purchase of original furniture art or décor. As the Buyer, should you contract this service to them, you will then liaise directly with this supplier, and not with the Business.
7.3.4 As the Buyer you may arrange your own suitable courier (approved for fragile goods and with insurance); For your added convenience examples of suitable couriers are suggested.
7.3.5 Pick up of your purchase from the Business's design studio in the Greater Bristol area by your chosen courier is by appointment only. Ensure that the firm you employ understands that they will also need to pack your item(s). The Company will require your prior authorisation before goods are released to any packer / shipper.
8. RETURNS & REFUNDS
8.1 Conditions of Return
8.1.2 You have the right to return your purchase within 14 days of the date you received your item(s). 8.1.3 Goods must be returned in their original condition as when they left us. 8.1.4 As a further condition of the right to return, the Buyer must also arrange (at their expense) to return the Goods in a resaleable condition as soon as possible to the address below. 8.1.5 Shipping or delivery costs are non-refundable. 8.1.6 The Goods will be deemed returned when actually received by the Business at the said address.
8.2 Questions about your order? The Business will refund your order once we've received and processed the safely returned item, within 30 calendar days.
8.3 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a duty to take reasonable care of the Goods whilst they are in your possession. 8.3.1 Where you have failed to take reasonable care of the Goods, or if the Goods are damaged in any way, we reserve the right to not issue a refund.
8.4 Details of our Returns & Refunds Policy is as follows:-
8.4.1 Returns of resaleable items are accepted within 14 days from date of purchase with a valid proof of purchase.
8.4.2. Any customer wishing to exercise this right must notify us by any of the following:-
8.4.2.1 In writing to Smith Paisley Designs, Paisley House, 7 Combe Fields, Portishead, Bristol, BS20 6JU.
8.4.2.2 By telephone +44 (0)7375 022596
8.4.2.3 By email to info@smithpaisleydesigns.com
8.5 Items can be returned to the following address:
Smith Paisley Designs
Paisley House
7 Combe Fields
Bristol
North Somerset
BS20 6JU
9. CANCELLATIONS
9.1 If after making a purchase you wish to cancel your order, kindly do so within 24 hours of purchase; 9.1.2 you will receive a full refund within 5 working days as long as your order has not left our premises. 9.1.3. If your order has left the premises but not reached its destination, it will need to be returned to our design studio in its original condition within 10 days. 9.1.4. The refund will then be issued within 30 days.
10. EXCEPTIONS
10.1 Customized Goods
10.1.2. Any goods made to customers specifications or clearly personalised are excluded from the right to cancel. 10.1.3. These are bespoke products, manufactured specifically to order and are therefore non-returnable.
10.2 Should there be an agreement for an urgent contract for services that start right away, you will be required to expressly waive your cancellation rights.
10.3 See the Custom Creations Terms & Conditions for more information.
11. GENERAL
11.1 If any term or provision in these Conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions shall not be affected.
11.2 The waiver or forbearance or failure of the Business in insisting in any one or more instances upon the performance of any provisions of these Conditions shall not be construed as a waiver or relinquishment of the Business' rights to future performance of such provisions and the Buyer’s obligations in respect of future performance shall continue in full force and effect.
11.3 Unless the content otherwise requires, word importing the singular number shall include the plural and vice versa, and words importing any particular gender shall include all other genders.
11.4 If the Goods are purchased for export from the United Kingdom the Business shall be entitled to impose such other terms and conditions as it shall require.
11.5 The Contracts with regard to the Goods shall be governed by the laws of England and the Business and Buyer hereby irrevocably submit to the exclusive jurisdiction of the English Courts.