1. Definitions
Herein 'Customer' is meant as the person, business or organisation who accepts
a quotation of the Vendor for the sale of Goods or whose order for Goods is
accepted by the Vendor.
Herein 'Goods' is meant as the goods (including products and services or any
parts for them) which the Vendor is to supply in accordance with these
conditions.
Herein 'Vendor' means H Jones trading as Extinct Design whose operations office
is at: Extinct Design, 1 Abergele Terrace, Main Road, Ffynnongroyw,
Flintshire CH8 9SP North Wales UK.
Herein 'Conditions' is meant as the standard terms and conditions of
sales set out in this document to including any additional special terms and
conditions which will be agreed in writing between the Customer and the Vendor
prior to any transaction.
Herein 'Contract' is meant as the contract for the purchase and sale of the
Goods.
Herein 'Writing' is meant to include written letter or e-mail, as well as any
other comparable means of communication at our discretion.
2. The Basis of the Sale
The Customer shall purchase the Goods and the Vendor shall sell the Goods in
accordance with any written quotation from the Vendor which is accepted by the
Customer, or any written order from Customer which is accepted by the Vendor;
either case being subject to these Conditions, which shall govern the Contract
to the absolute exclusion of any other terms and conditions subject to which
any such quotation is accepted or purported to be accepted, or any such order
is made or purported to be made by the Customer.
3. Made to Measure Orders & Specifications
Customers are responsible for ensuring the accuracy of
the terms of any made to measure order (including any applicable specification, sizing etc.) and for giving the Vendor any necessary information
relating to the Goods within a sufficient time to enable the Vendor to perform
the Contract in accordance with its terms.
The quantity, quality and description of and any specification for the Goods
shall be those set out in the Vendor's quotation (if accepted by the Customer)
or the Customer's order (if accepted by the Vendor)
Once an order has been accepted
by the Vendor the Customer may only cancel the order with the Vendor's
agreement in Writing and on terms that the Customer shall indemnify the Vendor
in full against all loss (including loss of profit), costs (including the cost
of all labour and materials used), damages, charges and expenses incurred by
the Vendor as a result of the Customer order cancellation.
All cancellations and amendments to orders must be sent to the Vendor in
writing by either letter/email. If no written confirmation is received then no
changes will be made to the order and goods will be delivered as per the order.
4. Price of Goods
All Goods shall be priced at the Vendor's quoted price.
In the absence of a current published price the price may be specified at the
Vendor's discretion.
Where an order is made for items that are not immediately available for
dispatch the price of those items is subject to change based upon market
conditions. The Customer will always be notified of any increase in price
before any additional charges are made by the Vendor.
The price is exclusive of any applicable Value added Tax, which the Customer
shall be additionally liable to pay to the Vendor, unless the Vendor has been
provided with evidence that the Customer is exempt from paying Value added Tax
(or equivalent).
5. Payment
Made to Measure items will need to be paid in part before Vendor starts the items. Usually 20% of final price.
All payments are handled via paypal. www.paypal.com the Customer does not need to hold an account with paypal in order to make payment for Goods.
6. Acceptance of the Goods / Returns
If the Customer wishes to return an item, please do so within 7 days. Strictly no returns on couture, headwear and Made to Measure customised pieces. Customer is to return items via recorded delivery to ensure its safe arrival. A full refund is given if items are faulty.
7. Delivery
If the Customer fails to take delivery of the Goods or fails to give the Vendor
adequate delivery instructions at the time stated for delivery (otherwise than
by reason of any cause beyond the Customer's reasonable control or by reason of
the Vendor's fault) then, without prejudice to any other right or remedy
available to the Vendor, the Vendor may: store the Goods until actual delivery
and charge the Customer for the reasonable costs (including insurance) of
storage; or sell the Goods at the best readily available obtainable and (after
deducting all reasonable storage and selling expenses) account to the Customer
for the excess over the price under the Contract or charge the Customer for any
shortfall below the price under the Contract.
The Goods shall be delivered to the Customer at the Customer's address. The
risk on the Goods shall pass to the Customer upon such delivery taking place.
In the event that the Vendor shall arrange for the carriage of the Goods to the
Customer's address, then the carrier shall be deemed to be the Customer' s
agent and the Vendor shall not be responsible for any delays in delivery of the
Goods beyond its reasonable control. Please also see shipping
8. Risk & Property
Not withstanding delivery and the passing of risk in the Goods, or any other
provision of these Conditions, the property in the Goods shall not pass to the
Customer until the Vendor has received in cash, or cleared funds, payment in
full of the price of the Goods and all other Goods agreed to be sold by the
Vendor to the Customer for which payment is then due.
The Customer shall not be entitled to pledge or in any way charge by way of
security for any indebtedness any of the Goods which remain the property of the
Vendor, but if the Customer does so all moneys owing by the Customer to the Vendor
shall (without prejudice to any other right or remedy of the Vendor) forthwith
become due and payable.
9. Warranties & Liability
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.
Privacy Statement
1. Extinct Design Privacy Policy
1.1 Extinct Design is committed to protecting your privacy. Using the information collected about you to improve our service and provide a more personalised experience. By sending your details to us, you acknowledge that you have read the following and agree that Extinct Design may use information supplied by you for general administrative and operational purposes.
1.2 Extinct Design will use any personal information collected from this website (www.extinctdesign.co.uk ) in accordance with the UK Data Protection Act 1998. Further details on the UK Data Protection Act can be found at the web site for The Office of the Data Protection Commissioner (www.dataprotection.gov.uk/). Extinct Design has taken, and will continue to take, appropriate measures to keep secure any personal information given by users of this site.
1.3 Although Extinct Design takes appropriate measures to ensure the security of information in its possession, you acknowledge that the Internet is an open network and the transmission of information over the Internet is not controlled by Extinct Design. You have certain rights under applicable law including the right to access or correct information. You acknowledge that information given by you is supplied voluntarily.
2. What information do we collect and why?
2.1 The information collected on this site includes:
(a) your name, email address, address, items purchased
(b) Users' IP address, which is automatically logged by our web server. IP addresses are used to observe users' interest in this web site (number of visits, etc.).
(c) Cookies, which are very small text files saved to your computer. Cookies are used to track user navigation around a web site. Cookies are means of identifying your computer to our server, they do not identify individuals, only the computer used.
2.2 Extinct Design will only use information collected for general administrative and operational purposes. Extinct Design may also use the information provided to contact you regarding other Extinct Design products and services which it believes may be of interest to you.
2.3 Extinct Design will not disclose any personal information to third parties, or use the information in any other way without prior consent.
3. Your rights
3.1 You have the right to access your information held by Extinct Design and where necessary, to have it amended.
3.2 For more details, please contact: heather@extinctdesign.co.uk
4. Links to other web sites
This web site contains links to other sites which are completely unrelated to Extinct Design. This privacy statement does not apply to these sites nor are Extinct Design responsible for the content and practices of these web sites.