BESPOKE FURNITURE - TERMS & CONDITIONS
1. THESE TERMS
1.1 What these terms cover. These are the Terms and Conditions that govern your purchase of Mill Hill Studio products. They apply to the exclusion of any other terms (including any discussed with you via email, telephone, at our workshop or in person, or which you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing). These terms shall govern and be incorporated into every provision of products by us to you.
1.2 Why you should read them. Please read these terms carefully before you confirm use our services. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions about these terms, please contact us to discuss.
2. WHO WE ARE
2.1 Who we are. We are Mill Hill Studio a company based in Scotland and owned by Lyle McCance. Our studio and showroom is at 5 Balruddery Farm Cottages, Near Invergowrie, DD2 5LJ.
2.2 How to contact us. You can contact us by telephoning Lyle on +44 (0)7766660281 or Jane on +44 (0)7910395376 or by writing to us at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your initial correspondence.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms and Conditions, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Bespoke Products are those products which are produced to your specifications. To place an order for Bespoke Products you will need to email us at (firstname.lastname@example.org). We like to make our bespoke service as personal as possible and are always keen to chat to you; whether that be in person (at our studio, the site of the commission or a place convenient to you), via Skype or on the phone. This allows us to design for you. Meetings will be scheduled following initial email correspondence at a time suitable for you. Waiting lists may apply depending on workload. Once you have agreed to undertake a project with us we will confirm acceptance of a project by sending a deposit invoice to you for 40% of the total cost of the work. Once this invoice has been paid by you and we confirm that payment has been received a contract will come into existence on the terms of this agreement and to the exclusion of any prior correspondence or meeting between us to discuss the bespoke products.
4. BESPOKE COMMISSIONS
4.1 Make sure your measurements are accurate. If we are making a Bespoke Product to measurements, sketches and/or designs you have given to us and/or using materials or swatches identified by you then it is your responsibility to ensure that these are correct. You can find information and tips on how to measure by contacting us.
4.2 If you wish to have Bespoke Products provided to you, then you accept that we have no liability for errors or defaults in Bespoke Products which are caused by the provision to us of erroneous specifications.
4.3 The design of all of our products is unique to us. If you supply to us any sketches, designs or drawings or other contribution to Bespoke Products (Contribution), you grant to us an exclusive, perpetual, irremovable royalty-free licence to any intellectual property rights that may subsist in the Contribution. As the Contribution will be incorporated into one of our products we need to know that any Contribution is original and will not infringe the rights of any third party. To protect us from any losses, damages, costs and expenses that we may suffer or incur you agree to indemnify us if any Contribution infringes the intellectual property rights or other proprietary rights of any person. Please don't copy or steal other people's designs when providing us with your "requirement" as we will be unable to lawfully make it and you will bear the responsibility for any consequences suffered by us.
4.4 We will make any Bespoke Products to your specifications and really hope our Bespoke Products meet your expectations. However, we shall not be liable to you in respect of any actual or alleged defect in or dissatisfaction with any Bespoke Product that arises directly or indirectly from your choice of any specification, design, material, fabric or any other requirement.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 Once we have accepted your order for a Bespoke Product you will no longer be able to make any changes to it. However, if you have made a mistake in your order for a Bespoke Product, and provided we have not commenced production of the product, we will try our best to accommodate any reasonable changes at our sole discretion. If it is possible we will let you know about any changes to the price of the Bespoke Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change (for example if production has already commenced) or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7- Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
5.2 Minor changes to the products. We may change any product to implement minor technical adjustments or as a result of unavailability of raw materials. We will try to minimise the impact of these changes. These changes will not affect your use of the product. These unavoidable changes do not give to you any right to cancel any contract or reject any product.
6.1 Delivery costs. Our delivery costs are calculated on a case by case basis. These costs may be quoted in our initial invoice but we reserve the right to invoice for these costs on the completion of the work. Where applicable this does not include import charges, customs clearance or duty. You are responsible for these charges and your products may be held in customs until full payment has been received. Until all delivery costs are paid we cannot dispatch the products.
6.2 Please check before purchase that an item can be delivered into the space you wish. This includes checking hallways and door frames throughout the property. If an item cannot be delivered it will be returned to our warehouse and a delivery return fee of up to £300 may be incurred.
6.3 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 8.1.3 will apply.
6.4 For Bespoke Products we will notify you of the estimated delivery date when we start making or customising the product in our workshop. The estimated completion date for the product will be notified to you during the order process. Given the bespoke nature of the products, you have agreed that any such date shall be an estimate and time shall not be of the essence to this agreement. If you need a Bespoke Product by a particular date then you must notify us and we and you must agree it as a specific exception.
6.5 We are not responsible for delays outside our control. If our supply of any products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. As Bespoke Products are made to your order we cannot agree to issue any refund but may be able to give to you a (partial) refund if we can resell the item within a reasonable period and to the extent we are able to recover the sale price.
6.6 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from the delivery provider's depot or our showroom.
6.7 When you own goods. You own a product once we have received payment in full.
6.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
6.8.1 deal with technical problems or make minor technical changes;
6.8.2 make changes to the product as requested by you or notified by us to you (see Clauses 4 and 5).
6.9 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 8.1) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 8.2).
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.1.1 If what you have bought is faulty you may have a legal right to end the contract (or to get the product repaired or replaced), see Clause 9.1;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 7.2.1 – 7.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
7.2.1 we have told you about an upcoming important change to the product or these terms which you do not agree to (see Clause 6.8);
7.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
7.2.4 you have a legal right to end the contract because of something we have done wrong.
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
8.1.1 you do not make a payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, sign off of any designs, measurements or specifications for a Bespoke Product; or
8.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs and expenses we have and will incur as a result of your breaking the contract.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 We take pride in all our goods being made to high standards but appreciate that occasionally we do make mistakes. We are confident that our products will stand the test of time and offer a one-year guarantee against breakdown through normal use, defective workmanship and materials. This means that if your item develops a fault during the guarantee period, we'll arrange for it to be repaired or replaced free of charge, including all parts and labour. Our guarantee will not apply to Products that are not used in the correct conditions or locations, or if the applicable care guidelines have not been followed.
9.2 We recommend that customers take the time to read our Mill Hill Studio care guides upon receiving a product, as we are not liable to cover accidental damage - for example if your item has been dropped or dragged. You may find that this type of damage is covered by your household contents insurance policy.
9.3 Our furniture is specified for indoor use only unless explicitly communicated to you by Mill Hill Studio and should be used in ambient conditions and not subjected to damp or overly dry atmospheres. It is important that Mill Hill Studio products are stored or used in dry environments (if kept in storage, climate controlled storage is essential) to ensure the longevity of the products. Failure to comply to care instructions may result in warping, staining and surface damage that Mill Hill Studio cannot be held responsible for. Mill Hill Studio also accepts no responsibility for variations in pattern, colour, texture or dimensions inherent in those materials or for any subsequent deformation, splitting, crazing, discolouration or other defects caused by extremes of temperature, humidity, dampness or light.
9.4 Please also be aware that as wood is a raw material the colour will mature over time, this is part of the natural beauty of the wood and will not be considered a defect.
9.5 How to tell us about problems. Quality control procedures are in place to ensure all products sold are of consistent, high quality, however if you receive a product that you deem to be substandard please contact us. On receiving the order, please check all items to ensure that any issues or breakages are reported to us within 48 hours. If you have any questions or complaints about the product, please contact us. You can telephone us at +44 (0)7766660281 or write to us at email@example.com or 5 Balruddery Farm Cottages, Near Invergowrie, DD2 5LJ.
10.1 If you request any repairs to a product we have supplied as a result of fair wear and tear or damage you have caused, we will inspect the product and provide an estimation of costs for such repairs (where possible).
10.2 If you have ordered a Bespoke Product, we cannot guarantee that we are able to replace any elements of the product but shall use reasonable endeavours to propose alternative solutions.
10.3 Any repairs that are not as a result of something where we are at fault shall be paid by you in advance of us undertaking any work. If you fail to make such payment, we are not obliged to start any repair work on the product.
11.1 The seller is not responsible for any health or safety concerns once the buyer has received the item. If any harm is incurred from the items purchased by the buyer, the seller shares no responsibility.
These terms and conditions are subject to change.
I have read and agree to the terms and conditions.