As we can accept your order and make a legally enforceable agreement without any further reference to you, you must read these terms and conditions to make sure they contain all that you want and nothing that you are not happy with.
Application
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Granary Studio, Christchurch PE14 9LJ (the Supplier or us or we). We are a Sole Trader entity
These are the Terms and conditions on which we sell goods to you. By ordering any of the goods, you agree to be bound by these Terms and Conditions. You can only purchase the goods from our website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession.
Contract means the legally binding agreement between you and us for the supply of the goods.
Delivery Location means the Customer’s premises or other location where the goods are to be supplied, as set out in the order.
Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order.
Order means the Customer’s order for the Goods from the Supplier as submitted following the step process set out on the Website.
Privacy Policy means the terms which set out how we deal with confidential and personal information received from you via the Website.
Website means our website on which Goods are advertised.
Goods
The description of the Goods is set out on the Website. Any description is for illustrative purposes only and there may be discrepancies in the size and colour of the goods supplied.
Goods are made to your special requirements. It is your responsibility to ensure that any information or specifications you provide is accurate.
All Goods which appear on the Website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information
We retain and use all information strictly under the Privacy Policy.
We may contact you by using email or other electronic communication methods and by pre-paid post if you expressly agree to this.
Basis of Sale
The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The order process is set out on the Website. Each step always allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under that Contract.
Any quotation is valid for a period of 60 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of Goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Price and payment
The price of the Goods and any additional delivery or other charges is set out on the Website at the date of the Order.
You can pay via PayPal or with your credit card if you don’t have a PayPal account
Delivery
We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or you said to us before the Contract was made that delivery on time was essential; or
after we have failed to deliver on time, you have specified at a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and; if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay you the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if the division of the unit would materially impair the value of the Goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
We do not generally deliver to addresses outside England, Wales, Scotland, Northern Ireland, the Isle of Man and the Channel Islands. If however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 7 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price of those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a Contract for the following Goods (with no orders) when they are made to your specifications or are clearly personalised.
Also, the Cancellation Rights for a Contract cease to be available in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement using the reply function on our order acknowledgement email.
To meet the cancellation deadline, it is sufficient for you to send your email concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, we will reimburse the payment received from you including any delivery costs (except for the supplementary costs arising if you request and we agree to a type of delivery other than the standard delivery offered by us).
Deduction for Goods supplied
We may make a deduction from the reimbursement for loss of value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
If we have not offered to collect the goods, we will make the reimbursement without undue delay, and not later than:
14 days after the day we receive back from you any Goods supplied, or
(if earlier) 14 days after the day you can provide evidence that you have sent back the goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
If you have not received the Goods in connection with the Contract which you have cancelled, you must send back the Goods without delay and in ant event not later than 14 days from the day on which you communicated to us your cancellation of this Contract. The deadline is met if you sent back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
For the purposes of Cancellation Rights, these words have the following meanings:
Distance Contract means a Contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
Sales Contract means a contract under which the trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price.
Conformity
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill or judgement) and be fit for any purpose held out by us or et out in the Contract; and
conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as practicabl; and
the party’s obligations will be suspended so far as reasonable, provided that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel.
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation regarding your personal information.
These Terms and Conditions should be read alongside and are in addition to our policies.
For the purposes of these Terms and Conditions:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to, the Directive 95/46/EC (Data Protection Directive) or the GDPR.
‘GDPR’ means General Data Protection Regulation (EU) 2016/679.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are Data Controller of the Personal Data we Process in providing Goods to you.
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
before or at the time of collecting the Personal Data, we will identify the purposes for which information is being collected,
we will only Process Personal Data for the purposes identified,
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure you Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can email tgs@granarystudio.uk
Excluding liability
The Supplier does not exclude liability for:
any fraudulent act or omission, or,
death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.
Subject to above, the Supplier is not liable for:
loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or,
loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland.