Terms & Conditions for Sale of Goods from Josephines

I. Definitions

 

You will find in these Terms and Conditions the following words have the following meanings:

1. "Buyer" means the individual or organisation who buys any goods from Josephines

2. "Goods" means any items being supplied to the Buyer by the Seller;

3. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;

4. "Seller" means Josephines 11 Kyetop Walk, Gillingham, Kent ME8 9ER

 

II. General

1. These Terms and Conditions apply to sales of goods by the seller to the buyer and will exclude all other terms and conditions that may be referred to, offered or relied on by the buyer in negotiation or any other stage in the dealings between the parties. The only exception to this is if the buyer states specifically in writing which terms they wish to apply to the sales of goods and the seller agrees.

2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.

 

III. Specific Creations

1. If the buyer has requested a veil to be made, an order form will need to be completed to establish the requirements. It is the buyer’s responsibility to ensure all the details are correct. Once an order has been submitted and a deposit paid the veil will be made according to the specifications provided. If the buyer notices any mistakes on the confirmation form the seller provides after submission, the buyer must contact the seller immediately within 48 hours to rectify the error otherwise the veil will be made as stated and the buyer will be expected to pay in full according to the invoice when the goods are delivered.

2.  If the buyer has requested a handmade bespoke hair accessory to be made, an order form will need to be completed to establish the requirements. It is the buyer’s responsibility to ensure all the details are correct. Once an order has been submitted and a deposit paid the hair accessory will be made according to the specifications provided. If the buyer notices any mistakes on the confirmation form the seller provides after submission, the buyer must contact the seller immediately within 48 hours to rectify the error otherwise the hair accessory will be made as stated and the buyer will be expected to pay in full according to the invoice when the goods are delivered.

3. If the buyer has requested a pair of bridal or occasion shoes to have the heel decorated the seller accepts no responsibility if anything happens to the shoe once the buyer has paid and collected them. It is the buyer’s responsibility to check the shoes and ensure that no damage or weakness has resulted from accessorising the heel.

4. If the buyer has requested that a photograph or their child’s pictures(s) are to be embroidered it cannot be guaranteed that the colours will match exactly to the photograph or picture. Interpretations by the seller of the colours within the picture will ensure the closest possible match to the provided photograph or picture. It is stipulated that at least 5-10 photographs are provided in order to see if the PES software can interpret the photograph enough to capture with embroidery. Due to the contrast and brightness of photographs there is no guarantee that the embroidery machine can produce an embroidered replica, before any deposit is taken, all photographs will be tested first and discussed with the buyer to see if they are happy to proceed based on the outcome. All photographs will be returned to the buyer.

5. If the buyer has requested clothing to be supplied and embroidered then it is the buyer’s responsibility to ensure all sizes are realistic and fit for purpose. If the buyer is providing clothing for embroidering then it is the buyer’s responsibility to ensure all the sizes are correct. If each item of clothing requires separate text or pictures to be embroidered then it is the buyer’s responsibility to label each item of clothing correctly. If the seller is providing clothing for embroidering, the seller will contact the buyer by email to clarify the sizes are correct. Work will not commence on the clothing until written confirmation that the sizes are correct has been received by the buyer.

6. If the buyer has requested a ring cushion to be made then it is the buyer’s responsibility to ensure the design and colours are correct before placing the order. Once an order has been submitted and a deposit paid the ring cushion will be made according to the specifications provided. If the buyer notices any mistakes on the confirmation form the seller provides after submission, the buyer must contact the seller immediately within 48 hours to rectify the error otherwise the ring cushion will be made as stated and the buyer will be expected to pay in full according to the invoice when the goods are delivered.

 

IV. Price and Payment

1. The price shall be the Recommended Retail Price less agreed discount, unless otherwise agreed in writing between the parties.

2. Where an item is being specifically made for the buyer (such as veils, hair accessories, clothing, ring cushions or shoes) a 50% non-refundable deposit is to be paid.

3. Where an item is being purchased that is in stock such as tiaras or sample stock no deposit is required as full payment can be made and the buyer can receive their item straight away.

4. The seller shall be entitled to charge statutory interest of 8% in accordance with the Bank of England if the buyer has not paid for all of the goods on either a date agreed or 30 days from the date of the invoice.

5. Where a buyer has paid a deposit there is a 14 day cooling off period for the buyer to change their order or cancel. Please note that after 14 days if the buyer wishes to cancel an order their deposit becomes NON REFUNDABLE.

6. If payment of the invoice is not paid by the due date, the seller is allowed to:

1. request payment in advance of delivery for any goods not previously delivered;

2. refuse to deliver any undelivered goods without incurring any liability whatever to the buyer for non-delivery or any delay in delivery;

 

 

V. Description

Any description given or applied to the goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

 

VI. Sample

Where a sample of the goods is shown to and inspected by the buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.

 

VII. Delivery

1. Unless otherwise agreed in writing, delivery of the goods will be made to the address stated by the buyer on, or as close as possible to the date required by the buyer. The buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.

2. If the seller cannot deliver the goods because of actions or circumstances that the buyer can control, the seller is allowed to place the goods in storage until such times as delivery may be effected and the buyer shall be liable for any expense associated with such storage.

3. Any damages, shortages, over deliveries and duplicated orders should be reported to the seller within 14 days of signed receipt to enable replacement or refund.

 

VIII. RISK

The buyer becomes responsible for the goods upon receipt of the goods and all risk is passed to the buyer. Where the buyer chooses to collect the goods from the seller the risk will pass when the goods are entrusted to it or set aside for its collection, whichever happens first.

 

IX. TITLE

Title in the goods shall not pass to the buyer until the seller has been paid in full for the goods.

 

X. LIMITATION OF LIABILITY

1. The seller shall not be liable for any all loss or damage suffered by the buyer in excess of the contract price.

 

XI. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the seller, and the buyer shall do all that is reasonably necessary to ensure that such rights vest in the seller by the execution of appropriate instruments or the making of agreements with third parties.

 

XII. FORCE MAJEURE

The seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the seller considers unreasonable, it may, without liability on its part, terminate the contract.

 

XIII. RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

 

XIV. WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

 

XV. SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

XVI. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

Josephines 11 Kyetop Walk, Gillingham Kent ME8 9ER.

 

Accessories By Josephines
Accessories By Josephines