Terms & Conditions
Here are our Terms and Conditions, the "small print" if you like.
[1] INTRODUCTION
These terms and conditions of sale apply to all orders/purchases for products and/or services from The Talking Wall. Please read these terms and conditions of sale carefully.
You will be asked to expressly agree to these terms and conditions of sale before you place an order for products via our website. You should be aware that by placing an order for products and/or services you agree to be bound by these terms and conditions.
These terms and conditions of sale
[2] DEFINITIONS
In these terms and conditions of sale “we”, “us” and “the Company” means “The Talking Wall”; (“our” and “us” shall be construed accordingly). “You”, “the Customer” and “the Buyer” means our customer or potential customer for products and/or services; (“your” will be construed accordingly).
“the Website” means the website located at the domain http://www.thetalkingwall.co.uk and the services associated with the operation of the website.
These terms and conditions of sale will henceforth be referred to as “The Terms and Conditions of Sale” or “The Agreement”.
“Our Products” “Service” and “Products” means the items and services made available by The Talking Wall.
[3] GENERAL TERMS AND CONDITIONS
We reserve the right to refuse to supply our products or service to any person at any time and for any reason.
As a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms and conditions of sale.
[4] DESCRIPTION OF PRODUCTS
We strive to make the descriptions of our products as accurate as is reasonably possible to ensure that our customers have the best information available to them on which to make their purchasing decisions.
Colour representation of our products on various computer screens and monitors can vary and it is possible that the colour of the product delivered will differ slightly from the images displayed on a computer screen. You expressly agree that you accept this possible variation.
Personalisation of prints can lead to some design alterations being necessary in order to achieve the most satisfactory layout. For this reason, the personalised images displayed on our website and other marketing literature are for representative purposes only. When you order a personalised product, we will send you a proof copy of the design in advance of printing your order. This will be an accurate representation of your product and the final item will be based upon the proof image which must be approved by you.
The description of our products may include photographs of example designs. The examples displayed on our website and other marketing materials may include images of prints in frames which are not available for sale and are used solely for demonstrative purposes. This practise allows us to show potential customers how a print could look in the event that they decide to purchase an unframed print and make their own framing arrangements later. It remains always the responsibility of the buyer to gain a full understanding of both the print and the frame combination that they plan to purchase before placing an order. We strive to ensure that our framing options are clear and provide a description of the frame options available with every print and the customer must select the frame type before ordering.
[5] PRICES AND PAYMENT
The price of our products will be as quoted on our website or as advertised by other means, except in the case of obvious error. Our prices are liable to change and we reserve the right to change our prices without prior notice. Any changes to the price of our products will not affect orders which have already been placed and the customer has received an order confirmation from us.
Payment for products and services is required in full at the time of submitting an order.
[6] ORDER PROCESS
The advertising of products on our website and by other means constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us until such time that we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase our products or service from us, you will need to take the following steps.
Step 1: Website Orders - Choose a product, add it to your basket and proceed to the checkout.
All other orders – Choose a product; tell us that you wish to purchase the product(s).
Step 2: Website Orders – Enter your name and address for both billing and delivery.
All other orders – Inform us of your name and address for billing and delivery.
Step 3: Website Orders – Accept our terms of sale and proceed to PayPal to make payment.
All other orders – Instruct us to take payment for the product(s) or service(s) being ordered.
Step 4: Website Orders – Confirm your chosen payment method and pay via PayPal.
All other orders – Pay for your order.
Once you have completed the above steps, we will confirm your order by sending an email to the address given during the ordering process. This email is intended to acknowledge your order and to confirm that we have received your instruction. It does not constitute that a contract exists between you and us.
We will prepare your products and deliver them to you using a delivery method agreed by you and us. Only when we have delivered your products does a contract exist between you and us.
[7] AMENDMENTS
You may make amendments to your order until such time that we begin processing your order by either commencing design work or, where no design work is required, by producing your product(s).
In the case of products ordered where personalisation is required, we will send a proof of the design to give you the opportunity to correct any errors to text and/or spelling. We require you to either confirm your acceptance of the design via email, or to inform us of any alterations which you require via email. No amendments will be accepted by us after you have signed off a proof via email.
An amendment to your order at any stage may result in a delay to your products being delivered.
[8] DELIVERY
In addition to the price of products and services, a delivery charge may be levied for the delivery of products to some territoties. You will be advised, by us, of any delivery charge before confirming your order.
We will arrange for the delivery of products to the delivery address indicated in your order. We will use reasonable endeavours to deliver products within the timescales advertised on our website; or where specifically agreed with a customer if sooner.
Our courier will make two (2) attempts to deliver your products to the address specified in your order. If you are unable or unwilling to accept the delivery of products, the items will be returned to us. We will levy a charge of £8.95 to resend your items; this is to cover the cost of redelivery and will be applied each time an order is returned to us.
At the time of delivery, you must check the condition of the product(s) being delivered and inform us of any damage caused in transit within 24 hours of receiving the item(s). If either the packaging or the item has been damaged in transit, you should inform the courier of this before signing for your delivery and mark any documentation or electronic tracking device with “Received in Damaged Condition”.
[9] RETURNS
Our aim is for you to be pleased with the product(s) you order from us. We appreciate that sometimes things can go wrong and we are committed to resolving any problems which arise in a fair and timely manner. Therefore, in the event of you wishing to return a product to us, you are required to notify us of the reason for the return.
Where an item has been damaged in transit you must inform us within 24 hours of receiving the product(s). We may require you to send us photographic evidence of damage caused in transit, and/or require that the damaged item is returned to us.
Under the Consumer Contracts Regulations, you may cancel a distance contract to purchase a product(s) from us at any time within 14 (fourteen) days after the day you receive the relevant product(s), subject to the limitations set out below.
You will not have any such right insofar as a contract relates to products which are clearly personalised or made to your specifications. For this reason we strongly suggest that orders for personalised products are carefully checked before submitting and that proofs are studied fully to identify any errors.
If you wish to return products to us, or to cancel a contract, you must give us written notice of cancellation. In all cases, you remain responsible for any product(s) you wish to return to us until such time that they are received by us.
i) Returned products must be received by us in pristine condition and in the original packaging. We reserve the right to refuse a refund, or to make up to a 40% deduction to the original sale price, in the event that items are damaged or otherwise not re-saleable.
ii) The cost of return postage and packaging of any item is your responsibility and we are unable to refund this cost.
iii) You should return all products to us within 14 (fourteen) days of cancelling your contract with us.
iv) We will refund the cost of our standard postage and packaging service only, regardless of which delivery service you selected at the time of ordering.
v) Subject to these conditions, we will process a refund to you within 14 (fourteen) days of receipt of the returned item(s).
[10] CANCELLATION BY US
We may cancel a contract to supply products and/or services made under these Terms and Conditions of Sale immediately by giving you written notice if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations under the contract.
[11] FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure event continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure event.
[12] YOUR WARRANTS
You warrant to us that
(i) you are legally capable of entering into binding contracts and you have full authority, power and capacity to agree to these Terms and Conditions of Sale
(ii) you are aged 18 or over; and
(iii) the information provided in you order is accurate and correct.
[13] CUSTOMER INFORMATION AND PRIVACY
We will not share your information with any third party other than when it is necessary to do so in order to process your order, (for example, your address will be passed to our courier in order that your products can be delivered), or when we are required to do so by law.
[14] LIMITATION OF LIABILITY
We shall not be liable for any all loss or damage suffered by the customer in excess of the contract price.
[15] ENTIRE AGREEMENT AND WAIVER
These Terms and Conditions of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether verbal or written.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, or of the right at any time subsequently to enforce all Terms and Conditions of this agreement.
[16] SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law. The unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and such determination shall not affect the validity and enforceability of any other remaining provision.
[17] ALTERATIONS TO THIS AGREEMENT
We reserve the right to revise and amend this agreement from time to time. The customer expressly agrees to the terms and conditions of sale in force at the time of ordering and these shall continue to apply to the specific order only.
The current Terms and Conditions of Sale can be found at our website, or can be sent on request via email.
[18] GOVERNING LAW
Any contract for the purchase of products or services from The Talking Wall will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
[19] CONTACTING US
If you need to contact us please email info@thetalkingwall.co.uk or call us on 01202 374151.