1. Definitions
1.01 In these Terms and Conditions, the words and expressions below have the following meanings:
‘Conditions’ means these terms and conditions.
‘Distance Communication’ means purchases made exclusively via telephone, fax, e-mail, mail order and/or on the Paul Stafford Design Limited website
‘we’, ‘us’, ‘our’ means Paul Stafford Design Limited
‘you’, ‘your’ means the customer.
‘days’ where under these terms and conditions an act is required to be done within a specified period of days after or from a specified date, the period shall begin immediately after that date. Where the period would include a day which is a Public Holiday that day shall be excluded.
2. Orders
2.01 Your order becomes binding as soon as we have accepted it.
2.02 You are responsible for checking and confirming that you are satisfied that all details and aspects of your order are correct and suitable for your requirements, including specifications, measurements, dimensions and product features.
2.03 We reserve the right to refuse to supply any individual or company
2.04 Neither party shall without the written consent of the other assign any order that comes into being between us.
3. Ownership
3.01 The Website is an official website of Paul Stafford Design Limited and the copyright and the database rights are owned by Paul Stafford Design Limited. The Website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organization and arrangement thereof on the Website belong to Paul Stafford Design Limited.
4. Limited Licence and Restrictions
4.01 You acknowledge and agree that the material and content contained on the Website is made available to you for your personal and non-commercial use and that you may only download such material and content for the purpose of using the Website to a single personal computer. Furthermore you acknowledge and agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited to (or to assist or facilitate any third party to) copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website without our written permission and is a violation of our intellectual property rights.
4.02 “Copyright and intellectual property in any material prepared by us shall remain vested in us Upon entering into an agreement with you, we shall grant an irrevocable, royalty free, non-exclusive license to copy and use the material prepared by or on behalf of us only for the purposes relating to the order. Such license shall enable you to copy and use the material for the purpose of executing the order but such use shall not include a license to reproduce the information contained within it for any extension of the order or for any use not directly related to the order.”
5. Basis of Sale
5.01 All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions.
5.02 The following is required to create a contract between you and us:
5.03 Please follow the simple onscreen instructions taking you through the process of placing an order on the website. You place the order for our services by pressing "Go to Checkout" on the "Review Your Order page", in doing so you offer to procure our services at the rates and prices indicated as well as any applicable project specific charges that it may be necessary for us to charge.
5.04 An order acknowledgement email will be sent to you detailing the products you have ordered. Please note that this email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by Paul Stafford Design Limited.
5.05 Acceptance of your order and the completion of the contract between you and us will take place on dispatch of our formal sales order unless we have notified you that we do not accept your order or you have cancelled it.
5.06 We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5.07 To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must: be over 18 years of age; register by providing your real name, phone number, email address, payment details and other requested information; provide a valid postal address in the United Kingdom; (Please note that PO box numbers, hotels and temporary accommodation addresses are not acceptable); and possess a valid credit or debit card issued by a bank acceptable to us.
5.08 Please note that any acceptance of an order placed from outside the United Kingdom is not valid.
6. Cancellations
6.01 You may cancel your order without liability within seven days of receipt of our sales order.
6.02 In the event that you elect to cancel your order after the seven-day period (clause 6.01 refers), you may be liable at our sole discretion, to reimburse us for any costs, losses, expense and fees incurred or otherwise accrued by us in the execution of our services pursuant to your order.
6.02 Refunds will be made using the original payment method where possible.
7. Delivery
7.01 Delivery of our services will wherever possible be made via electronic means.
7.02 Where it is necessary for us to issue information by means of the UK postal system, postage is subject to the following conditions:
7.02.1 Standard Parcel Delivery - It is your responsibility to provide a secure, attended, delivery address.
7.02.2 Any dates specified by us for delivery of our services are intended to be an estimate and time for delivery shall not be made of the essence.
8. Product Descriptions, Colours and Unique Features
8.01 Every effort is made to ensure that the Products we feature correspond as closely as possible to the samples displayed online, but there may be variations in natural materials as by their very nature they have unique characteristics. No responsibility can be accepted for variations where these are a characteristic of the natural material rather than a defect.
8.02 We reserve the right to make any change to the specifications of featured products or minor external changes where necessary.
9. Prices
9.01 Prices include VAT.
10. Payment Methods
10.01 You may pay using a debit or credit card acceptable to us and subject to your confirmation that the credit or debit card is yours.
10.02 Payment can be made by personal cheques made payable to Paul Stafford Design Limited. Payment in respect of personal cheques shall not be deemed to have been made until the funds have cleared.
10.03 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay in the delivery of our service.
10.04 All card payments are processed for you by our credit card acquirers for a 1.5% fee included in the cost of your order. The total amount you pay is the same regardless of the payment method.
11. Website Content
11.01 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was uploaded onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. Please note that in the event that an error is identified non-acceptance of an order by us may occur, subject to your statutory rights.
12. Linked Sites
12.01 Unless specifically provided, we make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
13. Amendments to these Terms & Conditions
13.01 We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
14. Intellectual Property
14.01 You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this Website is the owned by Paul Stafford Design Limited or our licensors and shall remain at all times vested in us or our licensors as expressly authorized by us or our licensors.
15. Indemnity
15.01 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your account and/or your Personal Information.
16. Liability and Warranties
16.01 Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.
16.02 We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for our services. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
16.03 We shall take all reasonable precautions to keep the details of your order and payment secure, except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
17. Data Protection and Privacy
17.01 In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit, and our records of your visits to the Site, will be used to monitor and improve our service to you, and for marketing purposes. We may send you, brochures, leaflets and catalogues displaying our products and services, and may telephone you in order to tell you of promotional offers, to discuss account details or for market research.
17.02 We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
17.03 If you wish to update or delete your personal information, or if you prefer that we do not email you to tell you of promotional offers. Please contact paul@paulstafforddesign.co.uk
17.04 We may use Cookies to keep track of your current session to personalise your experience and so that you may retrieve your shopping basket at any time. If you do not accept Cookies you will may unable to use this Website.Please check back frequently to see any updates or changes to our privacy policy.
17.05 To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. featured kitchen manufacturers or appliance suppliers. By placing an order with us, you agree to your data being processed by Paul Stafford Design Limited, its agents and partners. If you do not wish to receive information about Paul Stafford Design Limited services, or do not wish us to pass your information to carefully selected companies whose products we believe may be of interest to you please contact paul@paulstafforddesign.co.uk
18.Risk and Title
18.01 No order is binding on you or Paul Stafford Design Limited until we have accepted it. All title and ownership to our services pass to you from the moment they are dispatched by us to you by email or are committed to the the postal service, or on payment in full by you of the price of the services and risk will pass on delivery.
19. Entire Agreement
19.01 You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation.
20. Severance
20.01 If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not effect the other terms and conditions which shall remain in full force and effect.
21. Assignment
21.01 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.
22. Waiver
22.01 A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
23. Dealing as a Business
23.01 These terms and conditions only apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please apply to paul@paulstafforddesign.co.uk for our trade terms and conditions
24. General
24.01 The laws of England and Wales govern these Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
25. Paul Stafford Design Limited Staff
25.01 Our staff have a right to work in a non-threatening environment, we reserve the right to refuse any sale of services or contact with any person who displays verbal, physical and/or threatening behaviour towards our staff.