Terms & Conditions
Quirky By Design Goods Purchasing Terms and Conditions
1. How to place order
2. Make a contract with us
3. Delivery & Carriage Charges of Goods purchased
4. Cancellation and returns of Goods purchased
5. Faulty Goods / Guarantee
6. Exclusion of Liability
Quirky By Design Website Terms & Conditions
1. Use of Website
2. Visitor Conduct
4. Intellectual Property Infringement Policy
5. Termination and Effect of Termination
6. Disclaimer and Limitation of Liability
7. Typographical Errors
8. Links to and From other websites
In these terms and conditions:-
“We”, “I”, “Our” & “Us” means QuirkyByDesign.co.uk
“You” or “Your” means the person placing an order.
“Goods” means the item products you purchased.
“The contract is agreed” – by completing and submitting an electronic order form, you are making an offer to purchase products which, if accepted by us, will result in a binding contract. An acceptance email from us confirms that the contract is formed.
1. HOW TO PLACE AN ORDER
1.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Goods you do not require can be removed from your basket at any time. If you prefer to order by telephone you can do so by calling 07906 205022.
1.2 The buyer assumes responsibility for the Goods being suitable for the purpose for which they are being purchased.
1.3 Delivery charges will be shown prior to you placing your order.
1.4 You will be required to pay for the Goods in full at the time of ordering.
1.5 We use secure payment facilities for online purchases. You can pay for your order by Visa, Mastercard, Delta/Connect via PayPal or Internet Banking direct into Bank Account supplied.
1.6 We do not hold your payment details online, and in the event of payment failure will have to be submitted again.
1.7 Promotional prices only apply during the period stated.
1.8 All prices quoted on our website are in UK pounds and include Value Added Tax at the current rate.
1.9 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
1.10 Once your order is complete we will notify you of the dispatch date.
1.11 Only coupon codes obtained from Quirky By Design Website or other promotional platforms will be honoured. Any coupons outside the expiry date stated will not be accepted.
2. MAKE A CONTRACT WITH US
2.1 Any contract for purchases made through QuirkyByDesign.co.uk website will be with Quirky By Design which is owned and operated by Loren Goldenberg-Kosbab, and situated at 90 White Hart Drive, Hemel Hempstead, Hertfordshire, HP2 4JN. email via the contact form Tel: +44(0) 7906 205022
If you need to contact us please use the details above.
2.2 When you place an order with us, you are making an offer to buy Goods. We will send you an e-mail to confirm that we have received your order.
2.3 Upon full payment received, we will then start to process your order. An an automated email will advise you upon process completion, which will mean your order has been dispatched.2.4 We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:
(a) the Goods are unavailable
(b) we cannot authorise your payment
(c) you are not allowed to buy the Goods from us
(d) we are not allowed to sell the Goods to you
(e) you have ordered more Goods than we have in stock
(f) there has been a mistake on the pricing or description of the Goods
2.5 Images of products on this website are for illustrative purposes only. Your Goods may vary slightly from the image shown on the website and will not include any of the pictured accessories, unless stated in the specification of the Goods. Whilst Goods may be shown assembled they may require assembly by you.
2.6 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the actual Goods.
2.7 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
2.8 This contract is covered by English law.
3. DELIVERY & CARRIAGE CHARGES ON GOODS PURCHASED
3.1 Goods will be dispatched from our base within 7-10 working days and any estimated dispatch date is an estimate, which can change without notice. Dispatch may be delayed in accordance with point 3.10.
3.2 Goods will be delivered within the time frame specified by the choice of postage chosen, usually within 2-3 working days of dispatch (UK only). Deliveries may be delayed in accordance with point 3.10.
3.3 Your order may arrive in more than one delivery.
3.4 We send our products anywhere in mainland Great Britain and Republic of Ireland, and most of the World using postal services such as Royal Mail or a Carrier service such as Hermes Couriers.
3.5 We can deliver locally the Goods to the premises you specify on your order. You must be at home to accept delivery of your order, which is between 7:30am and 6:00pm Monday-Friday, or a convenient time arranged.
3.6 If there is no one to accept the order on the scheduled delivery date the Goods may be returned and we reserve the right to charge you an additional re-delivery charge.
3.7 If you change the delivery address once the Goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery, if the carriers are able to make the change. This will delay your delivery.
3.8 Please check the Goods on delivery – any Goods found to be missing or damaged should be notified to ourselves within two working days providing photographic evidence within seven working days from the delivery day.
3.9 You will become the owner of the ordered Goods upon dispatch and responsible in the event of lost or damaged Goods during transit.
(a)If your Goods are lost or damaged, we can supply you with proof of postage, insurance or compensation details to help you with your investigation needs from the relevant postal service used, and can be gained by contacting us using the email address supplied on your order invoice, or this websites contact from. We will endeavour to supply that information within 7-10 working days of request.
3.10 Sometimes, for reasons beyond our control, postal or carrier services used to deliver may be prevented from delivering your Goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We are not responsible where this causes a delay or failure in delivering your Goods.
3.11 Time is not the essence of the contract unless expressly stated otherwise in writing by a Director of the Company.
3.12 Local delivery is available on orders at a charge of £12 (subject to change at anytime) and only within a 10 mile radius of our business address. 3.10 also applies.
4. CANCELLATION AND RETURN OF GOODS
4.1 This policy does not apply to Goods ordered by businesses which are exempt from the Distance Selling Regulations, or the following Goods which are exempt from the right to cancel. Any Goods which have been custom made, i.e. with specific colours/styles outside of the options listed on our website.
4.2 You can cancel your order at any time up to 14 days after the day of delivery. To do this, please e-mail, or write to us. We are unable to accept cancellations by phone. Please refer to point 4.1 for Goods exempt from this term.
4.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
4.4 If you cancel, you must return the Goods within 14 days of cancellation, complete with the original packaging to us and/or our supplier (or any other UK address specified by us), at your own expense. You must ensure that the Goods are packaged adequately to protect against damage.
4.5 You may properly examine the Goods for 14 days as you would do had you visited our showroom, however you may not return any Goods that have been used, hung or installed unless they are faulty. For exempt Goods please see point 4.1.
4.6 If you fail to return the Goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the Goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
4.7 We will refund all monies paid to us by you including any original postage/carriage within 30 days, less any costs due under this contract. Please see point 4.1 for exemptions.
4.8 We reserve the right not to replace any Goods that has been used, hung or installed, as we will deem this acceptance of the Goods.
4.9 We will not be held liable for fitters fees or any other professional trades persons fees due to late, damaged or lost deliveries.
4.10 We are not liable for any loss earnings due to late, incorrect or lost deliveries.
4.11 We reserve the right to refuse replacements on any damaged Goods reported to us outside of two working days. Please refer to points: 3.10 and 3.11.
4.12 This cancellation policy does not affect your legal rights – for example, if the Goods are faulty or misdescribed.
5. FAULTY GOODS/GUARANTEE
5.1 If there is a problem with the Goods, please notify us by email or in writing providing details of the problem. In addition, you must provide us with a digital photograph of the problem as this saves you having to return the Goods for inspection. We will deal with the matter in accordance with your legal rights. Please see points 3.10 and 3.11 for time restrictions.
5.2 All Goods are covered by a manufacturer’s warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty.
5.3 The manufacturer’s warranty is provided in addition to the rights that the law says you have as a consumer and accordingly, your statutory rights are not affected.
5.4 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement Goods will not be dispatched until the original Goods have been received by us and checked.
5.5 The cost of returning the Goods to us is your responsibility, however on inspection we will refund your original reasonable postage costs, providing that the Goods are found to be faulty. If the Goods are not faulty, we will return it to you, however you will be required to cover our reasonable postage costs.
5.6 Goods situated should be placed away from humidity, water and room conditions that will cause damage over time.
5.7 Goods located near any source of heat or steam should be protected either by heat deflectors or other suitable protection.
5.8 Within the time-scale laid out in point 5.4, we will replace defective Goods free of charge, at our discretion, providing that you have returned to us any faulty Goods upon request.
5.9 If the Goods are one off pieces, or no longer available we will offer repair where possible on artwork or custom pieces, or an alternative. Our liability will be to repair or replace the faulty Goods only and we are unable to guarantee an exact match. In this instance, you will have the option of a refund on the Goods.
5.10 Where we replace faulty Goods you are responsible for their disposal if they have not previously been returned to us.
5.11 We are unable to guarantee and exact colour match due to the nature of the product.
6. EXCLUSION OF LIABILITY
6.1 The products sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
6.2 We do not accept liability for any consequential loss of profit or indirect losses. You should therefore not book any installation for Goods that require this, until you have received them and inspected them.
1. USE OF QUIRKY BY DESIGN WEBSITE
1.1 You represent and warrant that you are at least 18 years old or visiting this website under the supervision of a parent or guardian.
1.2 Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use our website by displaying it on your internet browser only for the purpose of shopping for personal Goods sold on our web site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
1.3 Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, Modify, reverse-engineer, disassemble, decompile or otherwise exploit this website or any portion of it unless expressly permitted by us in writing.
1.4 You may not make any commercial use of any of the information provided on this website or make any use of this website for the benefit of another business unless explicitly permitted by us in advance.
1.5 We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
1.6 You shall not upload to, distribute, or otherwise publish through this website any Content, information, or other material that:
(a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
(b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.K. or international law; or
(c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
1.7 We may assign you a password and account identification to enable you to access and use certain portions of this website. Each time you use a password or identification, you will be deemed to be authorized to access and use this website in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the website.
1.8 You will be solely responsible for all access to and use of this website by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.
1.9 You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
2.0 You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
2. VISITOR CONDUCT – CUSTOMER REVIEWS AND COMMENTS
2.2 You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you.
2.3 You undertake to defence for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
2.4 In addition to the rights applicable to any Submission, when you post comments or reviews to the website, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content.
2.5 You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party.
2.6 You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
3.1 All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of QuirkyByDesign.co.uk (collectively, “Content”), belongs exclusively to us or its appropriate content suppliers.
3.2 You may not use, reproduce, copy, Modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by us, without our express prior written consent.
3.3 The use of data mining, robots, or similar data gathering and extraction tools on QuirkyByDesign.co.uk as well as the use of our trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the website and for no other purpose.
3.4 The collection, arrangement, and assembly of all content on this site (the “Compilation”) belong exclusively to us. You may not use our Content or Compilation in any manner that disparages or discredits us or in any way that is likely to cause confusion or violation of any applicable laws or regulations.
3.5 All software used on this Site (the “Software”) is the property of QuirkyByDesign.co.uk and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by us. Violators will be prosecuted to the full extent of the law.
3.6 We recognise and respect all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to us and are the sole property of the copyright or trademark holders.
4. INTELLECTUAL PROPERTY INFRINGEMENT POLICY
4.1 It is the policy of QuirkyByDesign.co.uk to take appropriate action where necessary to uphold and recognize all relevant UK and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe we sell, offer for sale, or makes available Goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to submit a ticket.
4.2 Information required:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
(b) A description of the allegedly infringing work or material;
(c) A description of where the allegedly infringing material is located on the website (product(s) URL);
(d) Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
(f) Identification of the intellectual property rights that you claim are infringed by the Website (e.g. “XYZ copyright”, “ABC trademark, Reg. No. 123456, registered 1/1/04”,etc); and
(g) A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
5. TERMINATION AND EFFECT OF TERMINATION
5.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement.
5.2 Upon any termination of this Agreement, you shall immediately cease all access to and use of this website and we shall, in addition to any other legal or equitable remedies, immediately revoke all passwords, and account identification issued to you and deny your access to and use of this website in whole or in part.
5.3 Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 Except as otherwise provided in the standard terms of sale that govern the same of each product on this website, this website, the products offered for sale on it and the transactions conducted through it are provided by us on an “as is” basis.
6.2 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
6.3 We make no presentations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on this website except as provided here to the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, and system integration.
6.4 This website may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, indirect incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
7. TYPOGRAPHICAL ERRORS
7.1 While we strive to provide accurate product and pricing information, pricing or typographical errors may occur.
7.2 We cannot confirm the price of Goods until after you order. In the event that an Goods is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Goods.
7.3 In the event that Goods are mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 This site may contain links to other sites on the Internet that are owned and operated by third parties.
8.2 You acknowledge that we are not responsible for the operation of or content located on or through any such site.
9.1 You agree that we remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, solicitors fees.
9.2 No right or remedy of QuirkyByDesign.co.uk shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, solicitors fees and expenses.
9.3 No instance of waiver by our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.