TERMS OF CONDITIONS
The New Artisans Terms and Conditions of On-line Retail Sale
- These Terms and Conditions constitutes a legal document which binds both The New Artisan and its customers. The New Artisan has tried to make them as clear and fair as possible but if there is anything you don’t understand or are unsure about, please discuss it with us before placing your order.
- These Terms and Conditions are interpreted in accordance with English Law. In the event of any dispute, either party will be entitled to seek resolution of this via the Online Dispute Resolution (ODR Platform: http://ec.europa.eu/consumers/odr/). However, this will not prevent either party from referring the matter to the English Courts. Should you be a consumer (within the meaning of the Unfair Contract Terms Act 1977), nothing in these Terms and Conditions affects your statutory rights. Moreover, despite paragraph 2(c) below, you are entitled to cancel your Order at any time:
- Up to 14 working days after receipt of the product(s) for standard products, or
- For customized or custom-made products, at any time up until work commences upon the customization or manufacture of such product(s), in each case by emailing us at firstname.lastname@example.org. (You may also use the Template Cancellation Form which can be found <HERE>, although you don’t have to. If you do use this option, we will acknowledgement receipt of such cancellation by email as soon as possible.
- Where you exercise your right to cancel, your payment will be refunded by the same method, card or from the account from which it was received. We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss results from unnecessary handling from you, for example, if you have used the product(s). Where cancellation is after the product(s) have been dispatched to you, you must either return them to The New Artisan at your own expense (unused, in perfect condition, in their original packaging, accompanied by proof of purchase and – in the case of earrings, for hygiene reasons, with the security seal still intact), within 14 working days of receipt. (We advise that products are returned using an insured delivery service as we will not accept responsibility for returned products lost or damaged in transit. Where you choose not to insure and track returned products to us, however, we would not expect the cost of the return to be greater than the cost you paid The New Artisan for delivery.
In these Terms and Conditions:
- ‘We’ ‘us’ and ‘our’ refers to The New Artisan which has offices at To BE NOTIFIED, United Kingdom; ‘You’ and ‘your’ refers to you, the consumer, person or organization to whom The New Artisan has offered to sell the product(s);
- ‘Order’ means the order placed by you via this website;
- ‘Product(s)’ means any product(s) offered for sale through this website;
- ‘Conditions’ means these standard terms and conditions of sale;
- ‘Contract’ means a binding contract between you and us for the purchase and sale of the product(s);
- ‘Fees’ means the fees payable to The New Artisan by you for the supply of the product(s), as set out in the Order.
- By placing an Order with us, you are offering to buy the product(s) referred to in the Order at the prices stated in that Order, subject to the Conditions.
- Whilst it is our intention to keep The New Artisan website up-to-date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an Order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will assume your order has be cancelled.
- When you submit an Order to us, we will aim to process it within two working days during which you may receive one or more emails from us indicating the Order progress. Please let us know immediately if there are any errors in these communications – however, please note that these emails do not constitute acceptance of the order by us. Your order will only be accepted by us, and a Contract will only be formed, when The New Artisan dispatches the product(s) to you.
- For customized or custom-made products, you will be required to email us your graphics and/or required text, both in electronic format (in a file format approved by us) and also in a standard font (together with the ‘Graphic Files’). We will not check the Graphic Files for accuracy. It is your responsibility to ensure that the Graphic Files are accurate and complete as we will not be responsible for replicating any errors in them. You also acknowledge that it may be impossible to exactly replicate your requested colors due to the manufacturing processes used.
- Overseas orders cannot initially be accepted via the website as additional delivery costs, duties and taxes may be payable. Please contactus if you would like to place an order for delivery outside of the UK and we will aim to reply within one working day. However, Orders placed for delivery outside of the UK, irrespective of how formed, remain subject to these Conditions.
- Delivery of Products
Please be aware that some products are subject to manufacturing delays and, therefore, The New Artisan can only provide estimates of their availability. Although we will always endeavor to deliver the product(s) promptly (as highlighted in the Delivery section of our website or, in the case of customized or custom-made Products, as indicated in our quotation,), this may not be possible. Therefore, we cannot accept liability for deliveries made outside of this timescale or accept liability for any additional expenses or other costs you incur due to failed or delayed deliveries. There is an exception in the case of customized or custom-made products if the manufacturer is unable to dispatch the product(s) to us within four weeks of your Order, (including where the applicable product is discontinued or withdrawn from sale), The New Artisan will immediately notify you. You will then have the following three options:
- If you are willing to wait until the next available shipment is received, we will discount the price of the affected product(s) by 10% (excluding postage and packing) and will refund this to you at the time the product(s) are dispatched to you.
- If you do not wish to wait until the selected product(s) are available, you may choose an alternative which is currently in stock, with an associated amendment of the Fees payable where appropriate. In this case, we will dispatch the alternative as soon as any additional Fees payable have been received and will refund any overpayment of Fees at the time the product(s) are dispatched to you.
- If you decide neither 6.a. or 6.b. satisfies your requirement, we will cancel your Order and refund the Fees paid by you in full. In such circumstances, The New Artisan will have no further liability to you. Please note that any refunds will be made in the same manner, using the same card or from the same account that the product(s) they were initially paid for.
- Fees and Payment
- All prices are inclusive of Value Added Tax (VAT).
- The Fees shall be due and payable (by BACS or Debit/Credit card) at the time of placing the Order;
- Warranties and Liability
All the information on The New Artisan website is provided in good faith. However, the nature of our handmade products means that slight variations in size, color, pattern and uniformity may occur. You, therefore, accept that any product(s) ordered may vary slightly from the images on our website in this respect and that such images are, therefore, for illustration purposes only. The New Artisan will not be liable to you for any consequential or indirect losses, and to the extent permitted by English law (but not beyond) our total liability to you for negligence, breach of contract, or for any other matter, is limited to a sum equivalent to the Fees paid by you.