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 & Jacqueline Forbes (Partnership) trading as Fuschia “Goods / products” means the items listed out in the Order whether they are to buy or to hire; “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 or an order taken by phone or email. “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, invitations, wedding favours, party favours for all occasions, chair covers, chair bows, linen napkins, hen products, balloons, table decorations, accessories, confetti, petals, crystals, table runners, mirrors, vases tea light holders and candles, vintage crockery, Set up style service, bespoke design service, corporate party products, wedding and party co-ordination service, designer greeting cards, textile design, original artwork in the form of prints or canvases, 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 for all orders. If an order is placed less than 4 weeks before an event payment will be required in full and be non refundable. 2.2 Payment for the Fuschia Set up style Service and chair cover set-up, which includes; delivery, dressing and collection by a Fuschia Stylist. This payment is required in full and is non refundable to book out the stylist, chair covers and the bows. 2.3 When ordering, payment and a signed and dated copy of Fuschia’s terms & conditions are required. Two copies need to be completed, one to retain for your reference. 2.4 The balance of the total order value is payable four weeks before the event. 2.5 If any order is cancelled prior to delivery or completion, the customer is liable for the remainder value of the order in excess of the deposit. The customer will be invoiced immediately upon cancellation and payment is due immediately. 2.6 Payment can be made cash, cheque or transferred into the Fuschia bank account: S/C: 09-06-66 AC NO: 432 82312. The Fuschia Business Account is with Santander. In the case of payment by cheque or electronic transfer goods will not be delivered until Fuschia has received cleared funds. 2.7 All the Prices are exclusive of any VAT, other sales taxes and delivery charges, which the Customer will pay Fuschia in addition will be shown on your order. 2.8 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. 2.9 Quotations are valid for 28 days. Fuschia reserve the right not to accept any order outside of the validity period. 2.10 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 we would endeavour to arrange for a taxi or a courier or contact the customer for collection. 3.2 Delivery of the Goods shall be deemed to take place at the time when the goods are delivered to the Customer’s given 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 STATIONERY, HANDMADE WEDDING AND PARTY FAVOURS, DESIGNER HANDMADE GREETING CARDS, ORIGINAL ARTWORK IN THE FORM OF PRINTS & HAND PAINTED CANVASES, HANDMADE COOKIES) 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. 4.3 PRINTED STATIONERY / ARTWORK. Unless stated and any artwork is foiled block. All printing will be digitally printed. You will be shown a proof of any items, which will be printed to check you are happy. Sometimes there may be a slight colour variation between pieces. Once the proof has been signed by the customer all changes after would be charged for. Full payment would be required to redo the order if required. 4.4 WEDDING / PARTY STATIONERY. For all stationery a signed and dated proof is required from the customer before the order can go to print. This will be supplied by Fuschia. Any changes required after the signed proof will be at the customers cost. 4.5 CHAIR COVERS & BOWS TO HIRE 4.6 All Fuschia chair covers are white with the choice of coloured organza bows. Fuschia can supply the customer with a sample of the coloured 4.7 organsa fabric, which the sample is cut from the chair cover bow. Please note that some colours may slightly vary in depth of colour. 4.8 Fuschia also offers white chair covers without bows. 4.9 The Chair Cover Set up which includes, delivery by a Fuschia stylist, dressing of chairs and bows if ordered and collection of covers and bows after the event. 4.10 50% deposit is required for ordering the chair covers and bows plus the Chair Cover Set up service is required in full at the time of booking, and is non refundable. This books out the chair covers, bows if required and the stylist. 4.11 The Chair cover Set-up includes collection from the venue / place of the event within a couple of days after the event. 4.12 All covers and bows must be returned in the same condition as hired and if any are damaged or missing you will be charged £15 per chair cover and 5.00 per organza bow. 4.13 No order will be taken for chair covers unless Fuschia has personally checked that our covers fit the chairs, which is to be covered. 4.14 When a booking is taken for the number of chair covers & bows required it is non refundable and the number of covers & bows have to be paid for in. We will not deduct this from the final payment, which is invoiced 4 weeks before your event. If the number of guests drops Fuschia do not refund on numbers. 4.15 £50 refundable deposit is taken at the time of order. Once all chair covers and bows have been collected and checked that they are all there and in a suitable condition and have returned from the dry cleaners fully cleaned Fuschia will be refund your deposit. Any missing covers, bows or damage with stains, which cannot be removed, will be taken out of the £50 refundable deposit. Fuschia will email / call the customer to advise and if the missing or damaged chair covers and bows exceeds the £50 deposit, you will be sent an invoice from Fuschia for the remainder to pay immediately. 4.16 CONFECTIONERY & FAVOURS please be aware that there could be traces of nuts in our cookie favours and all confectionery favours and chocolate bars. Our chocolate bars have the ingredients printed on the wrapper. For all our confectionery favours we will provide an ingredients card with the order. If a Fuschia stylist is setting up the tables with confectionery favours an ingredients card will be left on each table. Fuschia takes no responsibility if a guest is allergic to nuts or any of the confectionery. This is entirely down to you the customer. 4.17 HIRING OF FUSCHIA PRODUCTS 4.18 Any products which are hired from Fuschia a refundable deposit will be taken. For table runners, mirrors, tea light holders, table name holders and vintage crockery and cutlery for hire a £50 refundable will be taken. After these have been returned or collected by Fuschia and nothing is missing, damaged or broken the £50 refundable deposit will be returned to the customer.

 

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.

 

7. LIABILITY 7.1 Nothing in this Agreement excludes or limits Fuschia’s liability for death or personal injury caused by its negligence or for its fraud or for any liability which it is not permitted to be excluded or limited by law.

 

8. CUSTOMER’S OBLIGATIONS 8.1 The Customer acknowledges that Fuschia will be relying on the Customer’s co-operation 8.2 to perform its obligations under this Agreement. The Customer agrees to co-operate with Fuschia so as not to hinder or prevent the performance by Fuschia of any of its obligations under this Agreement. 8.3 Without limitation to the generality of clause 8.1 the Customer will: 8.3.1 Proof read any material and notify Fuschia of any required amendments or errors, and 8.3.2 All amendments should be made on the proof and in writing, by letter or email itself, as no verbal amendments will be accepted. 8.3.3 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. 8.3.4 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. TERMINATION 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; 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.

 

UNFORESEEN CIRCUMSTANCES 9.3 In the event of severe weather conditions Fuschia will try its up most to complete the order. However if unforeseen circumstances occur meaning a Fuschia Stylist cannot complete the order e.g: cannot get to the venue or place of the event we will endeavour to do the following. We would arrange for delivery of the products to the venue / place of event. In some cases if the customer has booked the Fuschia Set up Style Service or Chair Cover Set-up we will try our best for delivery of the items by taxi or courier. But if the stylist cannot reach the venue or place of the event it will be down to asking the venue or customer to do the set-up. If this were to happen we would refund 50% of the Fuschia Set-up Service or the Chair Cover Set-up dressing cost. On the Chair Cover Set-up price is included delivery, dressing and collection. If the Fuschia stylist fails to attend the event the dressing charge would be refunded. The travel expenses wouldn’t be as this would go towards paying for the taxi, courier and the collection after the event of the chair covers. 9.4 With the above Fuschia would notify the customer as soon as they felt a problem may occur. This then may allow for collection or early delivery of the products from the Fuschia warehouse in Tilehurst, Reading Berkshire. 9.5 If a Fuschia Stylist breaks down or is involved in an accident or is ill Fuschia will endeavour to do the following. Arrange if available for another stylist to reach the Fuschia stylist and deliver and complete the order or arrange for a taxi or courier to deliver the products. If there weren’t another stylist available it would be down to asking the venue or customer to do the set-up. We would then refund the dressing charge.

 

10. FORCE MAJEURE 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. ASSIGNMENT 11.1 Neither party may assign or transfer or support to assign or transfer any of its rights or obligations under this Agreement without obtaining the other party’s prior written consent.

 

12. NOTICES 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 signature or by fax, email 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, email when clearly received in full. 122.4 any orders which are being delivered to a venue or if setups are being carried out or dressing of chair covers Fuschia will get a signature from the venue of you the customers behalf. We will also obtain a signature from the venue if collecting any products, which you have hired, from Fuschia.

 

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.

 

14. GOVERNING LAW AND JURISDICITION 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.

Call to book an appointment. Studio Tel: 01189 773 931 Mobile: 07712 650 750 Email: info@fuschiadesigns.co.uk

Studio Address: The Studio, 12 Victoria Walk, Wokingham, Berks, RG40 5YL

Welcome | Our Products | Fuschia Services | Chair Covers | Having A Celebration | Bespoke Design Service | Vintage Chic | Fuschia Suite | Candy Mix | Testimonials | Terms And Conditions

copyright information Interpret Design 2008. All rights reserved.