Terms and Conditions.

Studio Le Cocq Terms and Conditions of Sale

 

1               Definitions

In these Terms and Conditions, the words and expressions below have the following meanings:

 

Studio Le Cocq’ is the trading name of Stephanie Le Cocq Studios, a sole trading company registered in 2015, and having its registered office at 5 Chapmans Close, Wookey, Wells, Somerset, BA5 1LU.

 

Conditions’ means these terms and conditions.

 

Product(s)’ means any Studio Le Cocq products or services.

 

We’, ‘us’, ‘our’ means Studio Le Cocq.

 

you’, ‘your’ means the customer.

 

Website’ means our website at www.studiolecocq.com or www.stephanielecocq.com

 

‘Working Days’ means Monday-Friday, excluding public holidays in the UK.

2           The contract between us

2.1           All orders that you place on the Website constitute offers to buy products and are subject to our acceptance under these terms and conditions. Any resulting contract is subject to these terms and conditions.

2.2           Offers for our Products may be made through our Website. The order for your products is placed by pressing ‘Proceed to Checkout’ on the ‘View Shopping Bag’ page. In doing so you offer to buy the Products at the prices indicated as well as any applicable delivery charges.

2.3      An acknowledgement of the order email will be sent to you detailing the products you have ordered. This email is an acknowledgement of your order and not an acceptance or confirmation of your order by Studio Le Cocq.

2.4      The acceptance of your order and the completion of the contract between you and us will take place on receipt of full payment for the Products and all associated delivery charges.

2.5      In no case will we dispatch Products unless we have received payment for the Products and any delivery charges in full. We reserve the right to refuse to accept any orders of our Products.

2.6      To be eligible to purchase Products on this website you must be over 18 years of age. You must register with us by providing your real name, billing address, phone number, email address, payment details, and other requested information also provide a valid delivery address and a valid credit or debit card issued by a bank acceptable to us. PO box numbers, hotels, and temporary addresses are not permitted.

2.7      You are responsible for checking and confirming that you are satisfied that all details and aspects of your order are correct and suitable for your requirements and specifications including measurements, dimensions, product features, access, and delivery.

2.8      Any additional orders as a result of under-ordering will be treated as a separate order and cannot be added to previous orders. This is important because of the small differences likely to occur between different batches of our products as explained in clauses 6 and 7 below.

3             Shipping & Delivery

3.1      We will dispatch the Products ordered by you to the delivery address you provide us with.

3.2          Delivery will be made as soon as possible after your order is accepted and, subject to the provisions of this clause, within 30 days of your order.

3.3      If an item is out of stock, we will advise you accordingly and provide an estimated delivery date which may be later than the delivery date mentioned above.

3.4      You are liable for payment of any or all import or customs duties. You agree to indemnify us for any consequential losses suffered by us as a result of your failure to discharge such duties. We shall not be liable for such import duties.

3.5      We shall not be liable for delays and/or failures in delivery where couriers or other postal services cannot access your delivery address.

3.6      You are responsible for ensuring that delivery of the goods is accepted at the delivery address, even if the delivery address differs from your billing address. Additional charges may apply for the storage of the products if you delay taking delivery, for more than three weeks after the estimated date for arrival. Delivery dates are not guaranteed but we will do our utmost to ensure goods are delivered within the stated date or soon afterwards. If you have not received your order within 7 days of placing your order please contact our customer service team to investigate the non-arrival

4              Risk of Damage in Transit

4.1          We carry the risk of loss or damage to the Products once we have dispatched them until they reach their destination.

4.2      Ownership of the Products passes to you when you have paid us all sums owed by you to us. If you return the Products to us for any reason, ownership of the goods passes to us when we take delivery of them.

4.3      You bear the risk of damage in transit to any goods returned by you to us.

5               Events beyond our control

Sometimes deliveries are late as a result of events or circumstances beyond our control. Sometimes delivery is not possible at all (industrial disputes, adverse weather, flood, fire, theft in transit). We shall not be liable for any failure to perform our contractual obligations where our failure happened because of events beyond our control.

6               Product Samples, Colours, and Characteristics

6.1            Some products advertised for sale on our website are advertised on a sale-by-sample basis. Such products are clearly indicated.

6.2           We strongly recommend that you order samples of our Products before placing your order for printing bespoke wallpapers on demand. Any description of our products in words or pictures is not intended to provide a basis for sale by description.

6.3            Samples are purchased from us on the same terms as any other product advertised for sale by us on our website.

6.4            Some printing processes such as ‘surface print’ are subject to natural variations and occasional ink bleeds. This is what makes them unique. Please be aware of this before ordering.

6.4.1         Although every care has been taken to ensure that the colours are reproduced accurately, as some items are natural materials and are hand printed and handmade, shading and dimensions may vary slightly from the product pictured.

6.4.2 As a consequence of the printing technique there may be small variations in colour between different batches of wallpaper. Before hanging please make sure all your rolls are from the same batch.

6.4.3        Although we undertake to ensure that the Products supplied to you come from the same printing batch, depending on the size of your order, it may not be possible to provide an advance sample from the same batch printed to satisfy your order.

7               Paper Hanging

7.1      Our website contains general hanging instructions to help you on your way. We do not, however, assume responsibility to you for the provision of hanging advice and we do not accept responsibility for papers that are not properly hung.

7.2      All of our products are designed for interior use unless otherwise stated. It is your responsibility to ensure that the product is fit for the use you intend to make of it.

8              Price

8.1      The prices payable for Products that you order are as set out on our website.

8.2          You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on our website.

8.3      Prices include VAT within the UK and exclude delivery charges unless otherwise stated. All prices are correct at the time of publishing but may change due to inadvertent administrative errors or circumstances beyond our control, such as any variations to the rate of VAT.

8.4      We reserve the right to refuse to accept offers for Products which are made on the basis of prices which are incorrect.

9              Right for you to cancel your contract

9.1           You have the right to cancel your contract within 14 days without giving any reason unless your contract is for a bespoke product.

9.2      The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

9.3      To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to that effect by email to studiolecocq@gmail.com, or by letter to our registered office (our address is set out in clause 1 above).

9.4      To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

9.5          You shall send back the goods to us at our registered office, set out in clause 1 above, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

9.6          You will have to bear the direct cost of returning the goods.

9.7      Items will be refunded or exchanged providing that you do not use the item; it is in the same condition as when you first bought it; it has all its original packaging; and, you have taken reasonable care to ensure that any item is returned to us safely and not damaged in transit. We are not held responsible for returns that do not reach us. Please send the parcel via a signed for service, please return proof of postage. Please check carefully before returning any item.

10            Effect of Cancellation

10.1         If you cancel this contract, we will reimburse you all payments received from you, excluding the costs of delivery. In the event of the goods being faulty, however, we will cover all costs of postage.

10.2        We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

10.3        We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.

10.4        We will make the reimbursement without undue delay, and not later than—

10.4.1     14 days from the day you return any goods supplied, or provide evidence that you have returned them, or

10.4.2    if there were no goods supplied,14 days from the day on which we are informed about your decision to cancel this contract.

10.5   We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

11           Cancellation by us

11.1        We reserve the right to cancel any contract with you if:

11.1.1     we have insufficient stock to deliver the Products you have ordered;

11.1.2    we do not deliver to your area; or

11.1.3    one or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

11.2   If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for the disappointment suffered. We accept no responsibility or liability for consequential economic losses.

12           Liability

12.1   If the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall be liable only if you notify us in writing at our contact address of the problem within 10 working days of the delivery of the Products in question.

12.2   If you do not receive the Products ordered within 20 working days of the date on which you ordered them, we shall be liable only if you notify us in writing at our contact address of the problem within 20 working days of the date on which you ordered the Products.

12.3   If you notify a problem to us, under clauses 12.1 or 12.2 above, our only obligation will be, at your option:

12.3.1    to make good any shortage or non-delivery;

12.3.2    to replace or repair any Products that are damaged or defective; or

12.3.3    to refund to you the amount paid by you for the Products in question in whatever way we choose.

12.4        Save as precluded by law, we will not be liable to you for products damaged in transit where we have proof that the goods were dispatched in good order and repair; we will also not be liable for any indirect or consequential loss, damage, or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Products in question under clause 12.3.3 above.

12.5   Nothing in these terms and conditions is intended to limit (a) any rights you might have as a consumer under applicable local law or (b) other statutory rights that may not be excluded or (c) in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

13            Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Studio Le Cocq, 5 Chapmans Close, Wookey, Wells, Somerset BA5 1LU. All messages from us to you will be displayed on our website or sent to you by email to the email address you provide with your order.

14            Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

15            Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

16 Third-party rights

Except for our affiliates, directors, employees, or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

17            Governing law

The contract between us shall be governed by and interpreted per English law and the English courts shall have jurisdiction to resolve any disputes between us.

18            Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details, and privacy policy, set out the whole of our agreement relating to the supply of the Products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation of the nature or quality of any Products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.