Terms & Conditions

HELEN JONES - BRANDS IN ACTION

TERMS AND CONDITIONS OF BUSINESS

1. Enquiries

When you make an enquiry with us, your details and requirements for any potential order are recorded on a standard company checklist in your presence. The contents of the standard company checklist are then repeated back to you to confirm that the details are correct. The completed standard company checklist will be kept on file and will form the basis of any order processed for you.

2. The contract between us

We must receive payment of 50% of the purchase price prior to processing your order. Once this payment has been received by us we will confirm that your order has been accepted by sending an email to you if you have ordered over the internet or by telephoning you if your order has been placed at our shop. Our acceptance of your order brings into existence a legally binding contract between us.

3. Price

3.1 An indication as to the price may be given at the time of making an enquiry and we reserve the right to alter this to reflect fluctuations in costs of materials and time taken to complete the order. You will be informed of the price payable for the order when you request us to commence an order.

3.2 [You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.]

4. Right for you to cancel your contract

The goods provided to you are custom made goods so cannot be returned to us. We are not responsible if on completion of the work you have changed your mind or are dissatisfied with the choices that you have made.

5. Cancellation by us

5.1 We reserve the right to cancel the contract between us if:

a) we have insufficient stock or materials to complete the order;

b) we do not deliver to your area; or

c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

5.2 If we do cancel your contract we will notify you by e-mail if you have ordered over the internet or by telephone if you have ordered at our shop and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

6. Completion of the order

On commencement of the order you will be informed of a provisional completion date of the order. We reserve the right to alter the completion date and if this is necessary you will be informed of the new completion date and the reasons for delay.

7. Delivery of goods to you

7.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

7.2 Where goods are delivered, delivery will be made as soon as possible after your order is accepted and in any event within 30 days of completion of your order.

8. Payment of the goods

8.1 The balance of payment is due on delivery or collection of the order. You will become the owner of the goods when they have been paid for in full.

8.2 We reserve the right to charge interest at 2% above the Bank of England base rate per month on all outstanding balances.

9. Indemnity

It is your responsibility to ensure that you have the copyright or consent of the person with the copyright for the images that you have requested us to embroider or reproduce. You agree to provide to us an indemnity in the event that any action is taken against us for the reproduction of the images you have requested us to embroider or reproduce.

10. Liability

10.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

10.2 If you notify a problem to us under this condition, our only obligation will be, at your option:

10.2.1 to make good any shortage or non-delivery;

10.2.2 to replace or repair any goods that are damaged or defective; or

10.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.

10.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 10.2.3 above.

10.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

10.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

11. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 46 Mengham Road, Hayling Island, Hampshire, PO11 9BL and all notices from us to you will be displayed on our website and in our shop from to time.

12. Events beyond our control

We shall have no liability to you for any failure to provide goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

13. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

14. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

15. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

16. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

17. Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.