TERMS & CONDITIONS

General terms and conditions

This site is owned and operated by Blackbird Interiors Ltd T/A Martin Weaver Design of Elmes Barn, Back Lane, Leighterton, GL8 8UL. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at martinweaverdesign@gmail.com or 07974 712 083

1.        The contract between us

We must receive payment of the whole of the price for the goods/services that you order before your order can be delivered. Payment of the price for the goods/services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us. Only at this point is a legally binding contract created between us.

2.        Acknowledgement of your order

To enable us to process your order, you will need to provide 'accept' our online quotation. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

3.        Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Blackbird Interiors Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

4.        Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that any prices quoted are correct at the time of publishing and that all services have been described accurately.

5.        Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

6.        Availability

The Goods/Services will be provided/delivered as agreed and set out on our quotation unless circumstances beyond our control change this date.

We will notify you of any changes, should they occur and try to arrange a suitable mutually convenient alternative.

We will accept no responsibility for any losses that arise from late delivery that is from circumstances outside of our control.

7.        Ordering errors

You can correct errors on your order up to the point on which you press on the online quote acceptance button, after which any changes or alterations may be chargeable .

What is on the accepted quote is what will be delivered, please ensure that this meets your exact requirements.

7.1      Damaged or missing items

You will have 48hrs from the time of delivery to notify us of any item that is missing or has been delivered damaged, we will then replace (or repair at out discretion) this item as quickly as possible.  Depending on the item in question this could be from a few days to several weeks to replace, and we will work with you to expedite this.

Any item that has been fitted, will be deemed to be accepted by you and any repair or replacement will be chargeable.

Notification after 48hrs - we will aim to repair or replace the item as quickly as possible, but we reserve the right to charge for this service at cost price.

8.        Price

The prices payable for Goods/services that you order are as set out in the quotation. All prices are subject to VAT at the current rates and are correct at the time of entering information.

9.        Payment terms

As all our orders are bespoke to the individual to each of our clients, we take a deposit of approximately 75% of the order value at the time of quotation acceptance and the balance is due 1 week prior to delivery. If it is not possible to obtain full payment for the goods/services from you, then we can refuse to deliver your order until your payment is received in full. This does not affect any other rights we may have, and we accept no liability for any consequential losses that may arise from non or late delivery due to non or late payment.

10.      Cancellation rights

10.1     Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134  you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period).

Apart from bespoke or made to measure orders

On 'acceptance' of the quotation, and because every order is bespoke to the individual client, you will be deemed to have waived your 14 day cancellation rights.

10.2     The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134  do not apply if the services you have ordered are of a gambling, banking, credit, insurance, personal pension, investment or payment nature.           

10.3     In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134  you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities (if the contract provides for a specific date or period of performance).

10.4     Should you wish to cancel your order, you can notify us by any clear statement either by email or post, up to 7 days from the acceptance of your quote. Your order will only be deemed cancelled upon you receiving acknowledgment from us of your cancellation notice.

 If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.

11.      Cancellation by us

11.1     We reserve the right not to process your order if:

11.1.1  One or more of the services you ordered was quoted at an incorrect price due to a typographical error.

11.1.2     If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum paid to us as soon as possible, but in any event within 14 days.

12.      Returns

12.1     Goods that are supplied to you that are ‘bespoke’ items are non-returnable. Goods that are bought in by us specifically to complete your order and that are not bespoke items, may be returned if unwanted but will be subject to a restocking charge that may be up to the contract price.

12.2     However, please note we are permitted by law to reduce your refund to reflect any reduction in value (which may be as much as the Contract price), if this has been caused by you using them or handling them in a way which would not be permitted in a shop. If we refund you the price before we can inspect the Products and later discover you have used them or handled them in an unacceptable way, you must pay us an appropriate amount (which may be as much as the Contract price).

12.3     You are responsible for any costs in returning the goods to us.

13.      If there is a problem with the services

13.1     If you have any questions or complaints about the goods/services please contact us. You can do so at martinweaverdesign@gmail.com.

13.2     We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

14.      Liability

14.1     We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

14.2     Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

14.3     Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. 

15.      Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Elmes Barn, Back Lane, Leighterton, GL8 8UL and all notices from us to you will be displayed on our website from time to time.

16.      Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

17.      Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

18.      Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

19.      How we may use your personal information

 We will only use your personal information as set out in our privacy policy:                                https://www.martinweaverdesign.com/privacy

20.      Third party rights

 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

21.      Other important terms

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 submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.