Your Design Bears
 

Your Design Bears is part of yourdesign.co.uk ltd.

1. Acceptance
All orders and transactions between Your Design Bears (YDB) and the customer are accepted on these conditions of sale only. It is the responsibility of the customer to read such conditions before entering upon a transaction.

2. Exclusivity
YDBT trading terms and conditions shall apply to the exclusion of any other terms and conditions, unless an agreement is in writing and signed by a representative of YDB and the Customer.

3. Variations
YDB may vary, without any liability, the content of the site, including quotations, sales literature or other documents as long as such alterations do not materially affect the quality of the goods.

All products are printed by hand, as such YDB shall endeavour to match the colour, style and positioning on each item however YDB is unable to guarantee an exact match.

4. Price
All prices quoted on YDB website are in British Pounds Sterling and are inclusive of postage within the British Isles with the exception of quoted orders which shall illustrate a unit and courier cost. This cost shall be quoted to the customer prior to acceptance.
YDB is entitled to increase the price of goods at any time prior to printing the product(s) due to factors beyond our control, however once the product(s) has been printed YDB will honor the price as per the email agreement with the customer.

5. Quotes
Quotes are valid for a period of 30 days unless otherwise agreed in writing by YDB. A quote is a separate agreement between YDB and the customer and as such the customer is not entitled to any further discount as advertised on the website.

6. Payment
The customer shall pay for all goods prior to print and dispatch due to the personalised nature of trade unless otherwise agreed in writing between YDB and the customer.
Should an agreement be accepted between YDB and the customer, YDB is entitled to invoice the customer for payment on or at any time after dispatch of goods. The customer shall make payment without deduction or setoff within 30 days of the date upon the invoice. Payment is to be made either by cheque made payable to ‘Your Design’ or using the secure online server within our website.
In making payment the customer is within agreement that they are the account holder and that sufficient funds are held to honor the payment.

7. Non Payment
If payment has not been made within 30 days of the invoiced date, YDB is entitled to (a) suspend any further orders for the customer, and (b) charge the customer interest at a rate of 2% a month or part thereof from the date such monies are due until payment in full is made, and (c) pass on all collection charges to the customer that are incurred in the collection of the monies, until payment in full is made.

8. Cancellation
No goods are sold to the customer on a sale or return basis. The customer has no right to reject or return the goods without the consent of YDB. As goods are personalised a 'cooling off' period is not applicable. Personalised items of clothing may not be exchanged or refunded should the customer request an incorrect size at time of order. Your statutory rights are not affected.

9. Alterations
YDB shall endeavour to make amendments to requested orders as timely as possible. However if this request is received after the product has been printed YDB shall not be liable for the cost of a reprint.

10. Delivery
Any dates provided for delivery are approximate only, and YDB is not responsible for the timely receipt of goods once dispatched to the customer. As such, late deliveries will not be refunded, and payment will be pursued due to the personalised nature of our products.

Please note YDB next day service is currently only applicable to gift orders, and is offered at the discretion of YDB. The service is applicable to Mainland UK only, orders placed on a Friday before 1pm will be delivered the following Monday. Bank Holidays are excluded from the service. Next Day orders placed for an address not based within Mainland UK will be printed and dispatched under the next day timescale, however we shall select a postal method at our discretion. Delivery will then be a minimum of two days.

Orders not received within 7 working days of dispatch email must be reported to YDB by email. Failure to notify us within this period will result in YDB not accepting any responsibility for items dispatched and not delivered/received.

Orders marked undeliverable by couriers shall be redelivered at the cost of the customer whereby an incorrect address was provided, and or, contact has not been made with the courier to allow delivery after attempted delivery.

11. Delivery costs
The cost displayed throughout the site includes the cost of postage within the British Isles with the exception of quoted orders which shall be quoted to illustrate unit and courier costs. This cost shall be quoted to the customer prior to acceptance. Costs for delivery outside the UK shall be calculated in accordance with point 12 of these terms. Orders will be dispatched using Royal Mail or for larger parcels a Courier at the discretion of YDB. Goods returned to YDB described as undeliverable, will be subject to a redelivery charge.

12. Overseas delivery
Postage outside the UK will be calculated dependent upon the weight of the products ordered. For small orders these costs shall be calculated during the checkout process. For larger orders a quote is available upon request. Parcels leaving the British Isles shall be identified with a customs label identifying the contents of the parcel. This may be examined by customs.

13. Damaged Goods
Damaged goods must be reported to YDB within 48 hours of delivery by email, failure to do so and YDB will not accept responsibility and the customer shall not be entitled to reject the goods.
Upon agreement by email YDB will cover the cost for the return of the product(s) using either 1st or 2nd class post, or courier costs on larger orders. Products must be received by YDB to qualify for a replacement free of charge. A refund may be considered at the discretion of YDB. A refund or replacement will not be offered in the instance that an image of poor quality has been supplied by the customer and printed by YDB.

14. Colour and Sample Matching
YDB will endeavour to match colours as closely as possible. Exact colour matching onto different substrates is not always possible and YDB is unable to guarantee an exact match. As such the customer has no right to reject or return the goods on these grounds. Should the customer have concerns regarding the colour match on multiple orders of the same design YDB recommends that a sample is obtained, to proceed without a sample is at the sole risk of the customer. All products are printed by hand, as such YDB shall endeavour to match the colour, style and positioning on each item however YDB is unable to guarantee an exact match.

15. Images
YDB does not accept responsibility for the quality of images sent to us, 'the higher the quality of image the better the print'. (please refer to the FAQ section of this site).

Licensed or copyright images, logos or trademarks must not be submitted to YDB by the customer for reprint without the consent of the owner. YDB shall not be liable for any claim or expense arising out of any illegal or libelous matter printed for the customer or any infringement of copyright or patent or similar right resulting from compliance of the customers instructions either expressed or implied. Any legal costs incurred in such matter shall be borne by the customer.

16. Design Service
YDB Design offers an On Line Service that is designed to provide the customer with the opportunity to view an illustration of their image on our products. YDB shall then resize the image to provide the customer with a product of optimal quality. YDB accepts no responsibility for poor quality images submitted to us. The better the image supplied to YDB the better the print.

17. Errors
YDB does not accept responsibility for customer input or spelling mistakes on orders. YDB does not accept responsibility for errors on larger orders once a printing proof has been accepted by email with the customer.

18. Liability
Except in the case of death or personal injury caused by negligence on behalf of YDB, YDB will not be liable to the customer by reason of any representation, implied warranty, condition or other term, or any duty at common law, or under the express terms of the conditions for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever which arise out of, or in connection with the supply of the goods or their use or resale by the customer.

19. Website Liability
Whilst YDB endeavors to keep the website and emails free from viruses, trojans, worms and any other similar such ailments, YDB shall not be liable to the customer or site visitors for any destructive results.

20. Force Majeure
YDB shall not be liable to the customer or be deemed to be in breach of the contract of sale for any delay in performing, or any failure to perform, any of YDB obligations in relation to the goods if the delay or failure was due to any reason beyond YDB reasonable control.

21. Jurisdiction
Any contract formed under these conditions of sale shall be construed and enforced in accordance with English Law in the Courts of England and Wales.

 

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