Terms

Terms and Conditions

Terms and Conditions of sale applying to Sandra Powell Designs
Trading on the internet web-site www.sandrapowelldesigns.co.uk

     

    Our terms

    1. These terms
      • What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services, or digital content.
      • Why you should read them. 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. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss.
    2. Information about us and how to contact us
      • Who we are? We are Sandra Powell Designs a sole trader established in England and Wales, our address is 45 Thornley Lane North, Reddish, Stockport Cheshire SK5 6QR.
      • How to contact us. You can contact us by telephoning our customer service team at 07565 111 270 or by writing to us at email address sandrapowelldesigns@gmail.com
      • How we may contact you. If we must 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.
      • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
    3. Our contract with you
      • How we will accept your order. 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 cannot accept your order. If we are unable to accept your order, we will inform you of this by email 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 a credit reference we have obtained for you does not meet our minimum requirements], 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.
      • Your order number 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.
    4. Our products
      • Designs may vary slightly from their pictures. The images of the designs on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. [Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, dimensions and measurements indicated on our website have a 10% tolerance.]
    5. Your rights to make changes

    If you wish to make a change to the design, 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 design, 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 changes.

    1. Providing the products

    Delivery costs.

    The costs of delivery will be free, designs will be sent as a Tiff file by a secure digital platform. When we will provide the designs. Within 5 days of receipt of your instructions and payment.

    [a] If the design is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.

    [b] Every Design will remain the property of Sandra Powell Designs until full payment is received. No, full or part of the Design shall be copied until paid for. On receipt of payment the copyright ownership transfers to the customer and will be removed from the website.

    • We are not responsible for delays outside our control. If our supply of the designs 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any designs you have paid for but not received.
    • When you become responsible for the goods. A design which is goods will be your responsibility from the time we deliver the product to the email address you gave us.
    • When you own goods. You own a design which is goods once we have received payment in full and the copyright ownership transfers to yourself.
    • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the designs to you, for example, your correct email address. If so, this will have been stated in the description of the designs on our website. We will contact you by email to ask for this information. 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.
    • Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      • deal with technical problems or make minor technical
      • update the design to reflect changes in relevant laws and regulatory
      • make changes to the design as requested by you or notified by us to you.
    • We may also suspend supply of the designs if you do not pay. If you do not pay us for the designs when you are supposed to pay and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the designs until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the designs. We will not suspend the designs where you dispute the unpaid invoice. We will not charge you for the designs during the period for which they are suspended. As well as suspending the designs we can also charge you interest on your overdue payments

     

    1. Your rights to end the contract

    Sadly, when a design is purchased and downloaded, we will not be able to accept returns or offer a refund. But if the file is faulty, or there is a problem with opening the digital design, please contact Sandra Powell Designs and we send you the file again by a secure digital platform.

    • When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
      • digital products after you have started to download.
      • Have you bought a digital design for download? If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
    1. Our rights to end the contract
      • We may end the contract if you break it. 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, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, The correct email address for delivery.
        • you do not, within a reasonable time, allow us to deliver the products to you.
    1. If there is a problem with the design

    How to tell us about problems. If you have any questions, complaints about the design, if the design is faulty or there is a problem with opening the digital design, please contact us. You can telephone our customer service team at 07565 111 270 or write to us at  sandrapowelldesigns@gmail.com  and we send you the file again by a secure digital platform.

    • Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

    Summary of your key legal rights

    This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

    a) If your product is digital content, for example [a mobile phone app or a subscription to a music streaming service], the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

    b) If your digital content is faulty, you’re entitled to a repair or a replacement.

     

    1. Price and payment
      • Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order form when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct.
      • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
      • What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the designs we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the designs correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the designs 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. [If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.

    When you must pay and how you must pay. We accept payment via PayPal, credit, debit card or Bank transfer.

    • When you must pay depends on what product you are buying:
    • For digital design, you must pay for the designs before they are sent to you via on-line secure platform to your designated email address.
    • For commission services, you must make an advance payment of 25 % of the price of the agreed services unless agreed beforehand with Sandra Powell Designs or before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within seven calendar days after the date of the invoice.
    • What to do if you think an invoice is wrong. 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.
    1. Our responsibility for loss or damage suffered by you
      • We are responsible to you for foreseeable loss and damage caused by us. 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]. 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; for breach of your legal rights in relation to the products
      • We are not liable for business losses. We only supply the products for domestic and private use. 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.
      • How we may use your personal information. During the contract between us, for the purpose of fulfilling that contract, we keep the following information.
      • Your name ii. Your address iii. Telephone Number iv. Email Address.

      We do not collect or store information for reasons beyond the limits of the   contract. We do not pass any information to third parties. You may at any time during the contract ask to see the information we keep pertaining to you and we will repair any consistencies, errors, or omissions to that data. Any information held is only held for the purpose of business practice.

      1. Use of Sandra Powell Designs Website.
        • A password will be issued to you the customer for specific areas of the website relating to you and you alone, any abuses or malpractice to those pages or the website will result in the password being withdrawn without explanation.
      2. Other important terms
        • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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].

      If a court finds part of this contract illegal, the rest will continue in force. 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.

      1. Terms and conditions.

      14.1     The terms and conditions can be amended or changed at any reasonable time by Sandra Powell Designs. You will be notified by Email of those changes.

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