Terms & Conditions for Original Artwork

PLEASE READ AND CHECK

OUR TERMS

1. THESE TERMS

• What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, our returns policy and other important information.

1.3 “Product”.When we use the word “product” or “products” in these terms, we mean:

• any bespoke original artwork commissioned by you that we handmake;
• any original artwork commissioned and handmade by us (including requests to change the original artwork and thereby making it bespoke); or
• any of our luxury print work products you request to change to render it bespoke original artwork.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are ASHEEQ LTD a company registered in England and Wales. Our company registration number is 11350296 and our registered office is at 24 The Drive, Ilford, England, IG1 3HU.

2.2 How to contact us. You can contact us by telephoning our customer service team at 07917016270 or by writing to us at info@asheeq.co.uk.

2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. We will inform you of this in writing and will not charge you for the product. This might be because, including but not limited to:

1. unexpected limits on our resources which we could not reasonably plan for;
2. a credit reference we have obtained for you does not meet our minimum requirements;
3. we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 Locations.Our website is for the promotion of our products worldwide.

4. OUR PRODUCTS

4.1 Products. Our products are bespoke and handmade originals. As such, there will be imperfections in the products. We will make every effort to be as accurate as possible when creating products to your order. However, due to the nature of our products, all sizes, weights, capacities, dimensions and measurements will vary.

4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display accurately reflects the colour of the products. Your product may vary slightly from those images.

4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure by contacting us.

4.4 Product packaging may vary. The packaging of the product may vary, and we reserve the right to change the packaging as necessary at any time.

5. YOUR RIGHTS TO MAKE CHANGES

5.1 Right to make a change.We request that you inform us of any anticipated changes of the product when you place your order. If you wish to make a change to the product you have ordered, please contact us as soon as possible. We will let you know if the any change is possible. If it is, we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. It will be beneficial for us, and you, if we had a detailed explanation of all changes requested.

5.2 Request changes at time of order.If we cannot make the change or the consequences of making the change are unacceptable to you, and you informed us of the anticipated change when you placed your order, you may want to end the contract (see clause 8 for your rights to end the contract).

5.3 Request changes to a product already ordered. If we cannot make a change to the product you have already ordered or the consequences of making the change are unacceptable to you, we will continue to create the product as before the request to change was made. If at this point, you want to end the contract, see clause 8.4 for the cost implications of doing so.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We may change the product to implement minor technical adjustments and improvements. These changes will not substantially affect the product.

6.2 Significant changes to the characteristics of the product. If for circumstances outside of our control, we need to make changes to the product, we will notify you and seek your consent before doing so. E.g. if there is a shortage in the supply of goods or a specific material used, and we select an alternative supply of goods or specific material, which materially affects the overall appearance of the product. Please note that such changes may impact the price of the products or the timing of delivery. You may contact us to end the contract if you are not happy with a significant change to the characteristics of the product before and receive a refund.

7. PROVIDING THE PRODUCTS

7.1 Delivery. The costs of delivery will be agreed per order, depending on your location, specific needs, border taxes, custom charges etc.

7.2 When we will provide the products. The time for delivery will vary depending on each product. We will provide you with an estimated date for delivery of the product when we receive your order and ask that you agree. If not, we will both agree a suitable date for delivery. We ask that you make it clear to us if delivery within a certain deadline is essential.

7.3 Delivery details.We will email you all relevant details regarding delivery after the product is ready to be delivered and full payment has been received in accordance with clause 12.4.

7.4 We are not responsible for delays outside our control. If our supply of the product is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

7.5 Collection by you. If you have asked to collect the products, you can do so at any time.Please contactour customer service team at 07917016270 or by writing to us at info@asheeq.co.uk to arrange accordingly.

7.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.7 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.8 Setting a new deadline for delivery. You can request a new reasonable deadline for delivery.

7.9 When you become responsible for the product. The product will be your responsibility and risk will pass to you at the earliest of the product coming into the physical possession, or delivery to, an appointed carrier to deliver the product to you. You will own the goods when payment is received in full in accordance with clause 12.4c and a non-exclusive copyright license will be granted in perpetuity (unless we have agreed otherwise in writing).

7.10 Insurance.As risk passes in accordance with clause 7.9, it is recommended that you put suitable insurance cover in place whilst the product is in transit. This is your responsibility. Should you require our assistance with this, pleasecall customer services on 07917016270 or email us at info@asheeq.co.uk.

7.11 Reasons we may delay the estimated delivery date. We may delay the delivery date of the product and will inform you if so. Some reasons are, including but not limited to:

1. technical problems or make minor technical changes;
2. if there is a risk that the estimated delivery date of the products may be delayed because of events outside our control;
3. if you have exercised your right to make a change to the product in accordance with clause 5.1.

7.12 We may also delay the delivery date if you do not pay. If you do not pay us for the products when you are supposed to in accordance with clause 12.4, and you still do not make payment within 7 days of us reminding you that payment is due, we will delay the delivery date until you have paid us the outstanding amounts. We will contact you to tell you we are delaying the delivery date. We also reserve the right to charge interest on your overdue payments.

8. YOUR RIGHT TO END THE CONTRACT

8.1 You can always end your contract with us before you own the goods. You will own the goods when payment is received in full in accordance with clause 12.4c and can end the contract any time before that, but you will have to pay us compensation. Please see clause 8.4 for deductions in refunds where you are ending the contract.

8.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days of delivery and receive a refund. However, due to the nature of our products, see clause 1.3, you cannot exercise the right to change your mind. Accordingly, the right is excluded.

8.3 Ending the contract because of events outside our control. If there is a risk that the delivery date of the products is delayed because of events outside our control, in any event, for more than 8 months, see clause 7.11b, you may end the contract and we will refund you in full for any products paid for.

8.4 Deductions from refunds where you are ending the contract. If you are ending the contract with us, we will deduct any sum from the purchase price in accordance with the following:

6. clause 6.2, if we need to makesignificant changes to the characteristic of the product for circumstances outside our control, 25% of the purchase price will be non-refundable;
7. if there is any cancellation of a commission, 50% will be non-refundable;
8. if we have commenced work on the commission, 75% of the purchase price will be non-refundable; and
9. if we have finished the commission, 100% payment will be non-refundable.

8.5 You do not have the right to end your contract with us after you own the goods. You will own the goods when payment is received in full in accordance with clause 12.4c and cannot end the contract any time after. It becomes non-refundable.

8.6 Returns.You do not have a right to return the product when it has been dispatched to you. It is non-returnable (unless in accordance with clause 11).

9. HOW TO END THE CONTRACT WITH US

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling our customer services on 07917016270 or emailing us at info@asheeq.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2 How we will refund you. If you are entitled to a refund under clause 8.4, we will refund the applicable amount, by the method you used for payment.

9.3 When your refund will be made. We will make any refunds due to you as soon as possible. In any event, your refund will be made within 14 days of you telling us you wish to end the contract.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. At our sole discretion we may end the contract for a product at any time by writing to you if:

12. you do not make any payment to us when it is due in accordance with clause 12.4 and you still do not make payment within 7 days of us reminding you that payment is due;
13. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver the products, for example, including but not limited to your full delivery address etc.;
14. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, you will have to pay us compensation. Accordingly, we will refund money in accordance with clause 8.4.

10.3 We may withdraw the product. At our sole discretion we may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 07917016270 or write to us at info@asheeq.co.uk.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Clause 4.1 must be considered with this clause.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us at Unit 64a, Regents Studios, 8 Andrews Road, London E8 4QN. Please call our customer services on 07917016270 or email us at info@asheeq.co.uk to inform us that you will be returning the products and we will agree logistics.

12. PRICE AND PAYMENT

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We will take all reasonable care to ensure that the price of the product advised to you is correct.

12.2 Request to change. If you have made a request to change in accordance with clause 5.1, this may impact the price of the product. We will let you know about any changes to the price of the product and ask you to confirm whether you wish to go ahead with the change. Payment must be made in accordance with clause 12.4b.

12.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.4 When you must pay and how you must pay. We accept payment with all credit and debit cards. You must pay for product in accordance with the following:

1. a 50% deposit of the purchase price must be paid before we commence work;
2. if you have exercised your right to make a change in accordance with clause 5.1, the price for that change must be paid before we commence work on changing the product; and
3. the remaining 50% and applicable delivery charges will be due upon competition of the work and before delivery.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2,including the right to receive products which are: of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.

13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy on our website.

15. OTHER IMPORTANT TERMS

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. We can refer you to an appropriate alternative dispute resolution provider at your request. If you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. 

THE SCHEDULE MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To:ASHEEQ LTD. Email address: info@asheeq.co.uk. Contact number: 07917016270.

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] ordered on [*] and received on [*].