TERMS
AND CONDITIONS
These are the terms and conditions on which Joanne Calcutt, trading
as Little Ironies (“Little Ironies”), agrees to undertake
commissioned work (the “Commissioned Works”). All Commissioned
Works are provided subject to the following terms and conditions
(the “Terms and Conditions”) which together with the
proposal document the “Proposal Document” shall form
the contract between the purchaser (the “Purchaser”)
and Little Ironies.
No contract
exists between the Purchaser and Little Ironies for the provision
of Commissioned Works until a Proposal Document has been completed
and signed by both the Purchaser and by Little Ironies.
Little Ironies
may change these Terms and Conditions without notice to the Purchaser
in relation to the provision of sales or services in the future.
PRICE
OF COMMISSIONED WORKS
The price of Commissioned Works shall not exceed the price detailed
in the Proposal Document, unless otherwise agreed in writing by
the Purchaser and Little Ironies.
All prices,
estimates and delivery charges quoted are inclusive of VAT and are
valid for 30 days only or until earlier acceptance by the Purchaser.
COMMISSIONED
WORKS
The Purchaser shall be responsible to Little Ironies for ensuring
the accuracy of the terms of any order (including any applicable
specification), and for giving Little Ironies any necessary information
relating to the Commissioned Works within sufficient time to enable
Little Ironies to perform the contract in accordance with its terms.
If the Commissioned
Works are to be manufactured or any process is to be applied to
the Commissioned Works by Little Ironies in accordance with a specification
submitted by the Purchaser, the Purchaser shall indemnify Little
Ironies against all loss, damages, costs and expenses awarded against
or incurred by Little Ironies in connection with, or paid or agreed
to be paid by Little Ironies in settlement of any claim for infringement
of any patent, copyright, design, trade mark or other industrial
or intellectual property rights of any other person which results
from Little Ironies use of the Purchaser’s specification.
The Purchaser
will have reasonable rights of inspection of the Commissioned Works,
either by visiting Little Ironies’ business premises at such
times as may be mutually agreed or by such other means as may be
mutually agreed.
The Purchaser
of Commissioned Works is only purchasing the finished article(s)
specified in the Proposal Document, and not any designs, templates,
photographs or intermediate forms in any medium whatsoever unless
otherwise agreed in writing by the Purchaser and Little Ironies.
The Purchaser
shall not have the right to reproduce any Commissioned Works in
any medium unless otherwise agreed in writing by the Purchaser and
Little Ironies.
All copyright,
patents, trademarks or other industrial or intellectual property
rights relating to any Commissioned Works sold remain the property
of Joanne Calcutt, unless otherwise agreed in writing by the Purchaser
and Little Ironies.
Joanne Calcutt
asserts her moral rights in respect of the design of all Commissioned
Works.
PAYMENT
Payment terms will be determined by reference to the design process
guide and are as specified in the Proposal Document, unless otherwise
agreed in writing by the Purchaser and Little Ironies.
Payment may
be made by cash, a cheque drawn on a UK bank made payable to 'Joanne
Calcutt', or by such other method as may be agreed.
DELIVERY
The Commissioned Works will be delivered (where applicable), to
the address specified by the Purchaser and recorded on the Proposal
Document.
Delivery charges
in respect of Commissioned Works are available on request. In some
instances there may be a separate installation charge and the Purchaser
will be notified if installation charges are applicable.
Little Ironies
aim to give you at least 10 days notice of the delivery date. It
is the Purchaser’s responsibility to provide reasonable, safe
and proximate access to the delivery address for the delivery personnel
and their vehicle, failing which Little Ironies reserves the right
to charge the Purchaser for any additional costs incurred in effecting
delivery.
If there is
no one at the address given for delivery, who is competent to accept
delivery of the Commissioned Works, the Purchaser will be notified
of an alternative delivery date or a place to collect the Commissioned
Works and the Purchaser shall be liable for any additional delivery
charges incurred as a result.
RETENTION
OF TITLE
The Purchaser will become responsible for the risk of loss or damage
to Commissioned Works when either:
• the
Commissioned Works have been delivered to the Purchaser by Little
Ironies; or
• the
Commissioned Works have been collected from Little Ironies business
premises by the Purchaser.
The Purchaser
will not become the owner of the Commissioned Works until full payment
has been made to Little Ironies in respect of the Commissioned Works.
In the event
that the Purchaser has possession of Commissioned Works but has
not made payment in full in respect of the Commissioned Works the
Purchaser shall:
• keep
the Commissioned Works properly stored, insured and protected;
• comply
at any time with any request from Little Ironies to return the Commissioned
Works to Little Ironies and if the Purchaser fails to do so, permit
Little Ironies to enter on any premises of the Purchaser or any
third party where the Commissioned Works are stored and repossess
them; and
• the
Purchaser shall not be entitled to resell the Commissioned Works.
CANCELLATION
The Purchaser does not have a right of cancellation in respect of
any Commissioned Works, which have been made, or are in the process
of being made, to the Purchaser’s specifications.
WARRANTY
All Commissioned Works supplied by Little Ironies are warranted
free from defects for 6 months from the date of delivery by Little
Ironies, or where applicable, from the date of collection by the
Purchaser. This warranty does not affect the Purchaser’s statutory
rights as a consumer.
This warranty
does not apply in relation to any defect in the Commissioned Works
arising from fair wear and tear, wilful damage, accident, negligence
on the part of the Purchaser or any third party, or use otherwise
than as recommended by Little Ironies, failure to follow Little
Ironies’ instructions, or any alteration or repair carried
out without Little Ironies’ approval.
If Commissioned
Works develop a defect whilst under warranty, or the Purchaser has
any other complaint about the Commissioned Works, the Purchaser
should notify Little Ironies in writing at the address or email
address shown below.
Commissioned
Works are for artistic and decorative purposes only, unless otherwise
stated, and any title applied is for descriptive purposes only,
and does not imply suitability for any use other than for artistic
or decorative purposes.
The liability
of Little Ironies shall be limited to the value of the Commissioned
Works supplied and it will not be liable for any indirect or consequential
losses related in any way to the Commissioned Works supplied.
DATA
PROTECTION
Little Ironies will take all reasonable precautions to keep the
details of the Purchaser’s orders and payments secure, but
unless Little Ironies is negligent, Little Ironies will not be liable
for unauthorised access to information supplied by the Purchaser.
Little Ironies
will only use the information provided by the Purchaser for the
purposes of fulfilling an order unless the Purchaser agrees otherwise.
Little Ironies would like to notify the Purchaser of products and
offers that may be of interest from time to time. The Purchaser
can consent to notification of products and offers by entering a
tick in the box below. The Purchaser can request information given
to Little Ironies be amended or deleted by giving written notice
to Little Ironies.
These Terms
and Conditions will be subject to English and Welsh law, and the
English and Welsh courts will have jurisdiction in relation to any
dispute arising from the contract.
Little Ironies,
3 Newtown Road, Eastleigh, Hants, SO50 9DA.
Tel: 0794 011 9007 Email: info@littleironies.co.uk
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