1 DEFINITIONS
1.1 In this Agreement, the following words will have the following meanings:
“Agreement” means these terms and conditions and the Order;
“Customer” means the person to whom Fuschia is to supply the goods identified in the Order;
“Fuschia” means Nicola Briginshaw and Jacqueline Newman trading as Fuschia
“Goods” means the items listed out in the Order;
“Intellectual Property Rights” means trade and service marks (whether registered or unregistered), registered designs, design rights, copyrights, and any other intellectual property or other rights or any other similar rights in any jurisdiction in the world;
“Order” means the order which is attached to this Agreement and signed for and on behalf of each party; and any order which is placed over the secure website www.fuschiadesigns.co.uk
“Price” means the price payable by the Customer as set out in the Order;
“Site” means the Customer’s premises as identified in the Order;
“Products” means wedding stationery, wedding favours, party favours for all occasions, invitations, hen products, balloons, table decorations, accessories, confetti, décor consultant service, bespoke design service, corporate party products, wedding and party co-ordination service, designer greeting cards, textile design, corporate design, colour & trend prediction, design or consultation service.
2 price and Payment terms
2.1 50% of the total value of the order is required as a non refundable deposit at the time of order placement.
2.2 If ordering via the website all payment is required in full.
2.3 The balance of the total order value is payable before final delivery or on collection of the completed order.
2.4 If any order is cancelled prior to delivery or completion, the Customer is liable for the value of any work completed in excess of the deposit. The customer will be invoiced immediately upon cancellation and payment is due immediately.
2.5 Payment can be made by any major credit card (Visa, Visa debit cards, Mastercard), or by cheque. In the case of payment by cheque, goods will not be released until Fuschia has received cleared funds.
2.6 All the Prices are exclusive of any VAT, other sales taxes and delivery charges which the Customer will pay Fuschia in addition.
2.7 If the Customer fails to make any payment in accordance with this Agreement, Fuschia may, in addition to its rights to terminate this Agreement, suspend the performance (without liability) of any or all of its obligations under this Agreement until it has received payment in full of the outstanding sum.
2.8 Quotations are valid for 28 days. Fuschia reserve the right not to accept any order outside of the validity period.
2.9 Title for the goods remains with Fuschia until payment has been received in full.
3 Goods
3.1 Goods can be collected or Fuschia will deliver the Goods to the site or such other address the Customer notifies to Fuschia prior to the date of this Agreement. Fuschia will inform the Customer as soon as possible if it is not possible for Fuschia to deliver any of the Goods to the Customer, in which event those items of the Goods shall be deleted from the Order.
3.2 Delivery of the Goods shall be deemed to take place at the time when the goods are delivered to the Customer’s address.
3.3 Property in the Goods will remain with Fuschia at all times until Fuschia receives full payment of the Price under this Agreement.
4 Handmade PRODUCTS (inludes handmade wedding stationery, handmade wedding and party favours, designer handmade greetIng cards, ORIGINAL ARTWORK IN THE FORM OF PRINTS & HAND PAINTED CANVASES)
4.1 As each item is individually handmade, designs, materials and colours may vary slightly from item to item.
4.2 If for any reason, supplies and materials are not available to complete the order, and alternative will be offered. The customer will be shown the alternatives before proceeding with the order.
5 intellectual property rights
5.1 The Intellectual Property Rights in the Fuschia products will remain the property of Fuschia.
5.2 Fuschia expressly prohibits any ideas, designs, design samples, or proofs to be copied, reproduced, photographed, photocopied, tampered or altered in whole or in part without prior written permission.
5.3 Where the customer is purchasing a bespoke design service, payment of the design fee does not transfer any intellectual property rights to the customer.
5.4 Use of the bespoke design service in clause 5.3 is on the basis that Fuschia will supply any goods requiring the use of the designs. Use of any of the designs by the customer for their own purpose requires the express written permission of Fuschia
6 returned goods
6.1 Fuschia does not refund or exchange any goods. unless the goods are faulty. In the case of faulty goods, Fuschia will at its sole discretion offer either an exchange or refund.
8 customer’s obligations
8.2 Without limitation to the generality of clause 8.1 the Customer will:
8.2.1 Proof read any material and notify Fuschia of any required amendments or errors, and
8.2.2 Make all amendments should be made on the proof or in writing, by letter or email itself as no verbal amendments will be accepted.
8.2.3 Sign off the final proofs. Any amendments or modifications required after final proof sign off will be the responsibility of the customer and will be charged at the rate of £5 per each amendment.
8.2.4 Whilst every effort is made to ensure that all printing matches the final proof, in the event that orders are digitally printed, there may be a slight variation is shade or colour between stationery items.
9.1 This Agreement may be terminated forthwith by either party giving to the other written notice in the event that:
9.1.1 the other party has committed a material breach of this Agreement and where capable of remedy has failed to remedy it within 30 days of notice to do so having been given by the terminating party;
9.1.2 the other party is unable to pay its debts as they fall due or is deemed to be unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or if the other party ceases or threatens to cease to trade, or if the other party makes an assignment for the benefit of, or a composition with its creditors or other arrangement of similar import or has a receiver, administrative receiver, administrator or a similar officer is appointed over all or a substantial part of its assets or if a petition is presented or an order is made by a court of competent jurisdiction or an effective resolution is passed for winding up of the other party otherwise than for the purpose of a bona fide reconstruction or amalgamation on terms previously approved in writing by the terminating party;
9.1.3 any event similar or analogous to the events set out in clause 9.1.2 occurs to the other party in any jurisdiction.
9.2 Fuschia may terminate this Agreement forthwith by giving the Customer notice in writing if the Customer has not paid any sums due under this Agreement within 30 days.
10.1 If a party (the “Affected Party”) is prevented, hindered or relayed from or in performing any of its obligations under this Agreement by a Force Majeure Event, the Affected Party’s obligations under this Agreement are suspended while the Force Majeure Event continues and to the extent that it is prevent, hindered or delayed.
10.2 In clause 10.1, “Force Majeure Event” means an event beyond the reasonable control of the Affected Party including, without limitation, strike, lock-out, labour dispute, (but excluding strikes, lockouts and labour disputes involving employees of the Affected Party) act of God, war, riot, civil commotion, malicious damage (but excluding malicious damage involving the employees of the Affected Party) compliance with a law or governmental order, rule regulation or direction, accident, fire, flood and storm.
11.1 Neither party may assign or transfer or surport to assign or transfer any of its rights or obligations under this Agreement without obtaining the other party’s prior written consent.
12.1 A notice or other communication under or in connection with this Agreement will be in writing and may be delivered personally or sent by first class post, special delivery which requires a signatrure or by fax to the address set out on the Order or such other address as may be notified by either party from time to time.
12.2 In the absence of evidence of earlier receipt, a notice or other communication is deemed given:
12.2.1 if delivered personally, when left at the address referred to in clause 12.1;
12.2.2 if sent by mail two days after posting it; and
12.2.3 if sent by fax, when clearly received in full.
13 entire agreement
13.1 This Agreement contains the entire agreement and understanding of the parties and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of this Agreement and will apply in place of and prevail over any terms or conditions contained or referred to in any documentation submitted by the Customer or in any correspondence between the parties. Each of the parties acknowledges and agrees that it does not enter into this Agreement on the basis of and does not rely, and has not relied upon, and shall have no remedy in respect of, any statement or representation or warranty or other provision made, given or agreed to by the other party to this Agreement (whether negligently or innocently made) except those expressly repeated or referred to in this Agreement and the only remedy available in respect of any misrepresentation or untrue statement made to it shall be a claim for breach of contract under this Agreement. Nothing in this clause shall operate to limit or exclude liability for fraud.
13.2 If these terms and conditions conflict with any terms in the Order, the terms in the Order will prevail.
This Agreement is governed by, and will be construed in accordance with, English law. The parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.
Signed by Customer: ………………………………………………. Date:……………………...
Customers Name in Full: ……………………………………………………………………………
(Please retain one copy for your reference and sign and date one copy and return to Fuschia if you are not ordering online)
The Studio, Fuschia, 12 Victoria Walk, Wokingham, Berkshire, UK, RG40 5YL
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