terms and conditions of sale

 

 



 When purchasing any products via whatialwayswanted.com (“the Website”) customers agree to all aspects of our Terms and Conditions of sale as outlined below.

To process an order:

On placing an order you will be asked to provide details of your name, postal address / delivery address if different, e-mail address, telephone contact number, credit / debit card number and card expiry date. When your order has been processed you will be notified of receipt of the order and asked to confirm all provided details. Your order and delivery details ( NOT including your e-mail address) will then be forwarded to the appropriate designer. ( No order shall be deemed to be accepted until an email acknowledgement of order is issued from the Website. Please note credit / debit card details are not passed onto our designers. whatialwayswanted.com is a fully secure site with SSL certification and operates in accordance with the Data Protection Act 1998. You should carefully review the customer terms, the email confirmation of your order and the applicable details on the product page in relation to the order. On dispatch of your order you will receive an e-mail from the Designer via the Website to let you know it is on its way. Designers aim to dispatch goods within 3 working days of receipt of an order unless otherwise stated i.e. in the case of ‘made to order products’ or ‘personalised items’. Please refer to our delivery policy for further details.

A contact telephone number will be requested in order to co-ordinate your delivery.  A courier may request this information from the designer to contact you about the delivery of your order and by placing an order you agree to the disclosure of this information. The Website will ONLY forward this information onto the designer in the case of special delivery arrangements when couriers request this information. By placing an order you agree to the disclosure of this information.


Payment:
Payment is via our secure online payment facility only. Debit and credit cards are all accepted. whatialwayswanted.com offers an easy and fully secure method of on-line payment with SSL secure certification.   Payment is at the point of sale for all orders unless otherwise stated.

The total cost of your order includes the price of the product (inclusive of VAT where applicable) and any additional postage and packing charges clearly stated on the product page. Many of our designers offer free postage and packing to the UK mainland. By entering your card details onto our system you warrant that the credit or debit card used is yours or you have the permission of the owner to use the card for the purpose of purchasing from whatialwayswanted.com. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

To be eligible to purchase products on this website you must be over 17 years of age, stipulate a clear and valid delivery address (PO box numbers and hotels are not acceptable) and possess a valid credit or debit card for which you have permission to use.

By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions

We reserve the right to reject any offer of purchase by anyone at any time. We will not be liable to you or a third party by reason of so refusing or by reason of or suspending any transaction after processing has begun.

Contract Cancellation:
On most occasions you are entitled to cancel a purchasing contract up until 28 working days after the dispatch of your order. Please see specific refund and returns notices that may be posted on the product page relevant to the product being purchased. Such notices shall take precedence to this general cancellation procedure.  You will be given a full refund, including any initial postage charge. Please see our Delivery & Returns policy for more details to avoid any disappointments.


Product Pricing & Descriptions:
All product prices, including any postage and packing charges, are clearly stated on the product page and again at the checkout. They are individually set by our designers and are subject to change from time to time. All prices are in pounds sterling. Each product purchased is sold subject to its Product Description (clearly available on the product page), but please do remember that handmade and ‘made to order’ products are not mass-produced and therefore slight variables in design and colour may occur.


Stock:
whatialwayswanted.com will endeavour not to advertise any products that are out of stock. If stock levels are low or not held because the product is a ‘made to order’ item, designers  must provide this information on the product page. In the event whatialwayswanted.com or their designers are unable to fulfil any of their obligations a full refund will be provided however any additional claim for loss will not be considered.



Commissioned Items:
Certain designers produce ‘made to order’ items just for you and based solely upon the basis of your order.  Once you have expressed an interest via the Website the designer will be forwarded confirmation of your order. Please refer to individual designers delivery and returns policy for more details. Please note that your cancellation rights are affected once a commission is started – see Returns & Refunds for more details.



Intellectual property

The content of the Website is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from the Website.
We respect the intellectual property rights of others and we ask our designers to do the same.  If you are aware that any of your intellectual property rights have been infringed on the site, please email us to report the concern.


Waiver
Any variation of this agreement shall be in writing and signed by or on behalf of the parties.
Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy.


Severance
If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.


Entire agreement
Please note that when you decide to purchase products the resulting legal contract is between you and the designer and such contract shall comprise of these customer terms. 
This agreement constitutes the whole agreement and understanding of the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.
Each party acknowledges that, in entering into this agreement, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in this agreement.
Each party agrees that all liability for and remedies in respect of any representations are excluded except as expressly provided in this agreement.



Force majeure
Where we or a designer are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the designers reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the designers workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the designers (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.


Law and jurisdiction
Contracts for the purchase of goods or services through the website shall 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.