Terms & Conditions
These terms and conditions are the criteria by which Evan James Design agrees to sell Products and services to you. If we accept your Order or Commission, both parties will be legally bound by these terms and conditions.
1.1. The following definitions of terms are applied throughout these terms and conditions.
'I' 'me' 'mine' 'we' 'us' refers to Evan James Design;
'You' 'your' the customer placing an Order via the Website and/or phone;
'Designs' the surface pattern, including printed, embroidery or wood construction we create as shown on the Website;
'IPR' means intellectual property rights including copyright, design right, trademarks, patents and any other similar rights whether registered or unregistered existing anywhere in the world;
'Order' an order placed by you via the Website or via telephone to Evan James Design for the purchase of Products and Services;
'Price' the price as displayed on the Website for the Products to be purchased by you as indicated in your Order;
'Products' the products produced incorporating my Designs (including, without limitation, wallpaper rolls, samples, three dimensional wall coverings, cushions, journals and prints) as identified within your Order;
'Website' the website accessible via www.evanjamesdesign.com and all other domain names owned and operated by us linking to the same content.
2. Ordering and Payment
2.1 Evan James Design accepts payment by .... If you would prefer to send payment by a direct BACS transfer or cheque, please e-mail us at email@example.com and we will send you further information.
2.2 All payments must be made in £UK Pounds Sterling. The exchange rate that will apply will be determined by your debit or credit card issuer. Please contact your card issuer for further information on the applicable rates of exchange.
2.3 You agree that we may issue you with electronic invoices via e-mail.
2.4 In accordance with the Customer Protection (Distance Selling) Regulations 2000, you are granted a cancellation period of seven working days from the date of submission of the Order. Notice of cancellation must be in writing and sent by e-mail to firstname.lastname@example.org.
2.5 Full payment is necessary before goods will be dispatched.
2.6 By submitting an Order, you are deemed to accept these terms and conditions.
3. Dispatch and Delivery
3.1 On receipt of payment for an Order, delivery of the relevant products will be made to you at the address stated by you within the Order.
3.2 You acknowledge and accept that we are reliant upon supply chains (including third party printers and laser fabricators) in fulfilling Orders. In the event that an Order placed cannot be fulfilled immediately as a result of reliance on third party suppliers, we will inform you as soon as is feasible and delivery may be delayed until such time as stock is available.
3.3 We currently aim to dispatch products within 10 working days of receiving the Order. Dispatch date will be confirmed on receipt of full payment. Special methods of carriage and insurance can be arranged at extra cost.
3.4 UK Orders are delivered using Royal Mail Recorded Signed For or a courier service, depending upon the size of your Order., where you will be supplied with a tracking number and information on both accounts. Please allow up to 7 working days for your Order to arrive.
3.5 International Orders will be delivered using Royal Mail Airmail with Proof of Postage being obtained for each package. Should a Customer require a tracking number with services such as Royal Mail International Signed For or a courier service, this will be calculated on receipt of order. Please allow one to three working weeks for your Order to arrive.
4. Customs and Excise Duty
4.1 Please note that all shipments to OUTSIDE the EU (European Union) may be subject to import duties and taxes, which are levied once a shipment enters that country. Any additional charges for customs clearance must be paid by you; we have no control over these charges but if applied by your local customs cleared payment to them is necessary before your shipment will be released. Customs policies vary widely from country to country, so you may wish to contact your local customs office for further information.
4.2 You agree to indemnify us in full in respect of any such duties and taxes.
5. Returns Policy
5.1 In the event that any products Ordered by you are lost or damaged in transit, please contact us immediately via e-mail at email@example.com or telephone.
5.2 In the unlikely event that any products delivered to you pursuant to your Order should arrive damaged or of a quality or specification which is reasonably less than that represented on the Website or requested in the Order, please contact us within 24hours of receipt.
5.3 We will ask you to return the damaged or faulty goods to us within 7 working days from your notification. Shipping charges on returned merchandise which are unsuitable will be at the customer's expense and a registered postal method is recommended as we will not be responsible for goods lost or damaged in transit. Postage will only be refunded if goods are faulty or an error has been made on our part.
6 Production Information
6.1 Unless stated otherwise, all Evan James Design products are designed, manufactured and/or printed in the UK. This is done to support British craftsmanship and reduce our carbon footprint.
On delivery of your Order and before opening the rolls, please check all of the rolls for faults, damage and corresponding batch numbers on the front label.
After hanging 2 lengths check for shading, wallpaper printing faults and that the wallpaper is hung the correct way up. If a fault occurs at this point you need to contact Evan James Design immediately at firstname.lastname@example.org. No claims will be accepted for more than one roll and any claims are strictly restricted to the replacement of faulty wallpaper.
Please order enough rolls needed for the job, as it is not guaranteed any additional rolls with corresponding batch numbers will be available once your Order has been dispatched. Batch numbers can be found on the front label as well as on your Order Receipt.
Any unopened rolls can be returned as long as they are in the same condition as when dispatched.
Please note that actual wallpaper colours will vary from what you see on-screen and should only be used as a guide. It is recommended that you order a sample or visit your nearest stockist. All wallpapers are hand printed and finished therefore some minor inconsistencies are a natural occurrence.
On delivery of your Order check items for any faults. All cushions are hand made and finished, therefore each one may vary ever so slightly in size (45cm : +/- 2cm).
Please note that actual cushion colours will vary from what you see on-screen, and should be used as a guide only.
7.2 We will never pass any of your details on to any third parties. You may occasionally get an e-mail newsletter from us, which you can easily unsubscribe to by clicking the relevant link at the bottom of the newsletter or by contacting Evan James Design.
8. IPR (Intellectual Property Rights)
8.1 All IPR in the Design remain owned by Evan James Design and all IPR in the Products sold by Evan James Design pursuant to an Order under these terms and conditions are and will remain owned by me or the relevant supplier of third party Products (as the case may be), and nothing in these terms and conditions will in any circumstances assign, sell or otherwise transfer the IPR in the Designs or Products by virtue of these terms and conditions.
8.2 Accordingly, Products are sold by me to you for non-commercial use by you as a customer only and reproductions of the Designs or Products may not be made or re-sold without my express written permission or the express written permission of the relevant third party owner of the IPR in such Products.
8.3 You will be responsible for your use of the Products and you acknowledge and accept that I do not make any representation or warranty about the Products whether express or implied.
9. Limitation of Liability
9.1 In no event will I be liable to you, whether in contract, tort, by statute or otherwise for any special, indirect or consequential loss or damage arising out of or in connection with the sale of the Products to you, including without limitation: loss of business and/or Products, loss of goodwill, loss of profits, loss and/or corruption of data and/or damages awarded against you as a result of legal proceedings by any third party in relation to the Products, including any claim that the Products infringe the IPR of any third party. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage will constitute direct loss for the purpose of this agreement.
9.2 I will not be liable to you for any acts, omissions or failures of third party sub-contractors used by Evan James Design in delivering Products to you pursuant to Orders placed by you under these terms and conditions, including but not limited to intermediary suppliers of Products, service providers for the delivery of Products and service providers of the secure online e-commerce payment system on the Website.
9.3 Nothing in these terms and conditions will limit your statutory rights as a consumer.