Terms and conditions of use
1. These Terms and Conditions apply to the purchase of services and goods by you (the Customer or you). We are HAIDI SERVICES INT LTD, a company registered in England and Wales under company number 08173507, with its registered office at 9 Viola Court, 18 Symphony Close, Edgware, Middlesex, United Kingdom, HA8 0EF, with the email address office@globalhaidis.co.uk (the Supplier or we or we).
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms. You may only purchase Services and Goods through the Website if you are legally entitled to enter into a contract and are at least 18 years old.
3. Consumer means a natural person who acts for purposes that are wholly or mainly outside his or her trade, business, craft or profession;
4. Agreement means the legally binding agreement between you and us for the provision of the Services;
5. Place of Delivery means the Supplier's registered office or other place where the Services are to be provided, as specified in the Order;
6. Durable medium means paper, e-mail or any other medium that enables information to be personally addressed to the recipient, enables the recipient to store the information in a way that is accessible for future use for a period of time sufficient for the information purpose and enables the unchanged reproduction of the stored information;
7. Goods means all goods that we supply to you as part of the Services, in the number and description specified in the Order;
8. Order means the Customer's order for Services from the Supplier placed in accordance with the step-by-step process set out on the Website;
9. Privacy Policy means the terms that set out how we will treat confidential and personal information received from you via the Website;
10. Services means the services advertised on the Website, including any Goods, in the number and description specified in the Order;
11. Website means our Studio HM & Craft website at https://shop.studiohmcraft.art, on which the Services are advertised.
Services
12. The description of the Services and all Goods is consistent with the description contained on the Website, catalogues, brochures or other forms of advertising. All descriptions are for illustrative purposes only and there may be slight discrepancies in the size and colour of the Goods delivered.
13. In the case of Services and any Goods made to your specific requirements, it is your responsibility to ensure that any information or specifications you provide are accurate.
14. All Services appearing on the Website are subject to availability.
15. We may make changes to the Services that are necessary to comply with applicable laws or security requirements. We will notify you of these changes.
Customer Responsibilities
16. INTELLECTUAL PROPERTY RIGHTS
a. Any content (including any information, images, photos, data, text, pictures, graphics, messages, and other materials, hereinafter referred to as "Content") that you post, upload, transmit, display, sell, or use, hereinafter referred to as "posting," or otherwise use our Services is your content. We make no claims to it. This includes anything you publish using our Services.
b. By submitting Content to us, you confirm that you have full rights to the submitted content, whether it remains unchanged on the products ordered or you commission us to create a design using the submitted content for inclusion on the products ordered.
c. We respect intellectual property rights and ask you to do the same. Anything you submit remains yours and you are responsible for it. We will only use the content you submit to provide our services. If we receive a takedown notice under the Digital Millennium Copyright Act (DMCA), we may remove the allegedly infringing content or suspend your access to the website.
d . You must cooperate with us in all matters relating to the Services, provide us and our authorized employees and agents with access to any premises under your control, provide us with all information required to provide the Services and obtain all necessary licenses and consents (unless otherwise agreed).
17. Failure to comply with the above constitutes a default by the Client, which entitles us to suspend the provision of the Services until the damage is remedied or, if you fail to remedy the damage at our request, we may terminate the Agreement with immediate effect by written notice.
Personal information
18. We store and use all information strictly in accordance with the Privacy Policy.
19. We may contact you by email or other electronic means of communication and by prepaid post, and you expressly consent to this.
Basis of sale
20. The description of the Services and any Goods on our website does not constitute a contractual offer to sell the Services or Goods. Once an Order has been placed on the Website, we may reject it for any reason, although we will endeavour to promptly provide you with a reason.
21. The Ordering process is described on the Website. Each step allows you to check and correct any errors before submitting your Order. It is your responsibility to check that you have used the ordering process correctly.
22. The Contract for the Services you have ordered will only be concluded upon receipt of an email from us confirming your Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We will not be liable for any inaccuracies in your Order. By placing an Order, you agree to confirmation of the conclusion of the Contract by means of an email containing all the information contained therein (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after the conclusion of the Contract, but in any event no later than the time of delivery of any Goods supplied under the Contract and before the provision of any of the Services commences.
23. Each quote or estimate of Fees (as defined below) is valid for a maximum period of 60 days from its date unless we expressly withdraw it earlier.
24. No change to the Agreement, whether relating to the description of the Services, Fees or otherwise, may be made after its conclusion unless the change is agreed by the Customer and the Supplier in writing.
25. We wish these Regulations to apply only to the Agreement concluded by you as a Consumer.
26. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges are those set out on the Website on the date of our acceptance of your Order or such other price as we may agree in writing. Prices for the Services may be calculated on the basis of a fixed price or a standard daily rate.
27. Fees and commissions include VAT at the rate applicable at the time of placing the Order.
28. You must pay by submitting your credit or debit card details with your Order and we may take payment immediately or otherwise before delivery of the Services.
Delivery
29. We will deliver the Services, including any Goods, to the Delivery Location on or at the agreed time or, in the absence of agreement:
And in the case of Services within a reasonable time;I
In the case of Goods, without undue delay and in any event no later than 30 days from the date of conclusion of the Contract.
30. In any event, regardless of events outside our control, if we fail to provide the Services on time, you may request that we reduce the Fees or charges by an appropriate amount (including the right to a refund of anything you have already paid in excess of the reduced amount). The amount of the reduction may, where applicable, be up to the full amount of the Fees or charges.
31. In any event, regardless of events outside our control, if we fail to deliver the Goods on time, you may (in addition to any other remedies) treat the Contract as at an end if:
A. we have refused to deliver the Goods or if delivery on time is essential, taking into account all the relevant circumstances at the time of entering into the Contract, or you have told us before entering into the Contract that delivery on time is essential; or
B.after we failed to deliver on time, you specified a later date that is appropriate to the circumstances and we did not deliver on that date.
32. If you treat the Contract as ending, we will immediately refund (in addition to any other remedies) all payments made under the Contract.
33. If you were entitled to end the Contract but failed to do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered, and if you do so, we will (in addition to any other remedies) promptly refund all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them, and we will pay the costs of doing so.
34. If any Goods form a trade unit (a trade unit is a trade unit if splitting the unit would materially reduce the value of the goods or the nature of the unit) an Order for some of those Goods may not be cancelled or rejected without cancelling or rejecting the Order for the remaining Goods.
35. We generally do not deliver outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channel Islands. However, if we accept an Order for delivery outside this area, you may have to pay import duty or other taxes as we will not pay them.
36. You agree that we may deliver the Goods in instalments if we are out of stock or for any other genuine and justifiable reason, subject to the provisions above and provided that you will not be liable for any additional charges.
37. If you or someone you designate fails to collect the Services at the Delivery Location, through no fault of ours, we may charge you for reasonable storage and redelivery costs.
38. The Goods become your responsibility from the moment of completion of delivery or collection by the Customer. You must, if reasonably practicable, inspect the Goods before accepting them.
39. Risk of damage to or loss of any Goods passes to you when the Goods are delivered to you.
40. You do not own the Goods until we receive full payment. If full payment is overdue or you are about to go bankrupt, we may give notice to you to cancel any delivery and terminate your right to use the Goods while they are still your property, in which case you must return them or allow us to collect them.
41. You may withdraw your Order by informing us before entering into the Contract if you simply wish to change your mind and without giving any reason and without incurring any liability.
42. This is a distance contract (as defined below) for which you are entitled to the cancellation rights set out below (cancellation rights). However, these cancellation rights do not apply to a contract for the following goods and services (without any other) in the following circumstances:
A.foodstuffs, beverages or other goods intended for current household consumption that are frequently and regularly delivered to the place of residence or place of work;
B. contracts for which you have expressly requested our visit for the purpose of carrying out urgent repairs or maintenance, with the exception of contracts for (a) additional services to the urgent repairs or maintenance to which the order relates, or (b) items other than spare parts necessary for carrying out repairs or maintenance, if we supply these services or goods on the occasion of that visit;
C.provision of services in the field of accommodation, transport of goods, vehicle rental, catering or leisure services, if the contract specifies the day or period of provision of the service;
D. goods made to your specifications or clearly personalized;
i.e. goods that spoil quickly or expire.
43. Subject to the provisions of these Regulations, you may withdraw from this contract within 14 days without giving any reason.
44. The withdrawal period expires after 14 days from the date on which you or a third party designated by you other than the carrier acquired physical possession of the last of the Goods. In a contract for the provision of services only (without goods), the withdrawal period expires after 14 days from the date of conclusion of the Contract. In the case of a contract for the delivery of goods on time (i.e. subscription), the right to withdraw will be 14 days from the date of the first delivery.
45. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this Agreement by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory. In any case, you must be able to prove when the cancellation was made, so you may choose to use the model withdrawal form.
46. You can also complete and send electronically the model withdrawal form or any other clear statement about the Customer's decision to withdraw from the Agreement on our website SHOP..... If you use this option, we will immediately send you confirmation of receipt of such cancellation on a Durable Medium (e.g. by e-mail).
47. In order to meet the withdrawal deadline, it is sufficient for you to send information concerning the exercise of your right to withdraw from the contract before the withdrawal deadline expires.
48. We are not allowed to commence provision of a service (which is part of the Services) before the end of the cancellation period unless you have expressly requested the service.
49. Except in the cases indicated below, if you withdraw from this Agreement, we will refund all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a method of delivery other than the cheapest standard delivery method offered by us).
50. In the event of the provision of a service (which is part of the Service) before the expiry of the withdrawal period at your express request, you must pay the fee for the provision of the service.
51. We may make a deduction from compensation for loss of value of the Goods supplied if the loss is the result of unnecessary handling of the Goods. This is because you are responsible for this loss and if no deduction is made, you must pay us the amount of this loss.
52. If we have not offered to collect the Goods, we will make the return without undue delay, no later than:
A.14 days from the day on which we receive the returned Goods from you, or
B. (if earlier) 14 days from the date you provide proof of sending back the Goods.
53. If we have offered to collect the Goods ourselves or the Goods have not been delivered or are not to be delivered (i.e. it is a contract for the provision of services only), we will make the refund without undue delay, no later than 14 days after the day on which we are informed of your decision to withdraw from this Agreement.
54. We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of the reimbursement.
returning goods
55. If you have received the Goods in connection with the Contract which you have withdrawn from, you must return the Goods to us at the address indicated in the order without delay, and in any event no later than 14 days from the day on which you informed us of your withdrawal from this Contract. The deadline is met if you return the Goods before the expiry of the 14-day period. You agree that you will have to bear the costs of returning the Goods.
56. For the purposes of these cancellation rights, these words have the following meanings:
A. distance contract means a contract concluded between a trader and a consumer as part of an organised distance sales or service provision system, without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication until the conclusion of the contract;
B. sales contract means a contract under which a trader transfers or agrees to transfer ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has as its subject matter both goods and services.
57. We have a legal obligation to deliver the Goods in accordance with the Contract and will not perform them if they fail to meet the following obligation.
58. After delivery of the Goods:
A.be of satisfactory quality;
B. be reasonably fit for the particular purpose for which you are buying the Goods as you informed us of before entering into the Contract (unless you do not in fact rely or your reliance on our skill and judgment is unreasonable) and be fit for any purpose indicated by us or specified in the Contract; and
C.consistent with their description.
59. It is not a lack of compliance if it has its source in your materials.
60. We will provide the Services with due care and skill.
Duration, termination and suspension
61. The Agreement is valid as long as we provide the Services.
62. Either you or we may terminate the Agreement or suspend the Services at any time by giving written notice or suspension to the other party if that other person:
A. commits a material breach or series of breaches resulting in a material breach of the Agreement, and the breach either cannot be cured or cannot be cured within 30 days of written notice; or
B. is the subject of any step aimed at its bankruptcy or liquidation.
63. Termination of the Contract for any reason will not affect any of our other rights and obligations.
Privacy
64. Your privacy is of paramount importance to us. We respect your privacy and comply with the General Data Protection Regulation with respect to your personal data.
65. These Regulations should be read in parallel with and complement our policies, including our privacy policy and cookie policy.
66. For the purposes of these Regulations:
A. “Data Protection Laws” means any applicable law relating to the processing of personal data, including, without limitation, Directive 95/46/EC (Data Protection Directive) or the GDPR.
B. “GDPR” means the General Data Protection Regulation (EU) 2016/679.
C. “Data Controller”, “Personal Data” and “Processing” have the same meaning as in the GDPR.
67. We are the Controller of Personal Data that we process as part of providing Services and Goods to you.
68. Where you provide us with Personal Data so that we can provide Services and Goods to you, and we process that Personal Data in the course of providing Services and Goods to you, we will comply with our obligations under Data Protection Laws:
A. before or at the time of collecting Personal Data, we will identify the purposes for which the information is being collected;
B.we will process personal data only for specific purposes;
C.we will respect your rights in relation to your Personal Data;I
D.We will implement technical and organizational measures to ensure the security of your personal data.
69. If you have any queries or complaints regarding data privacy, you can contact our Data Protection Officer at the following email address: gdpr@haidis.co.uk.
With exclusion of liability
Applicable Law, Jurisdiction and Complaints
70. The Contract (including any non-contractual matters) shall be governed by the law of England and Wales.
71. Disputes may be submitted to the jurisdiction of the courts of England and Wales or, if the Customer is resident in Scotland or Northern Ireland, the courts of Scotland or Northern Ireland as appropriate.
72. We strive to avoid any disputes, therefore we treat complaints as follows: In the event of a dispute, customers should contact us to find a solution. We will try to respond with an appropriate solution within 7 days.
Sample withdrawal form
Down
HAIDI SERVICES INT LTD
E-mail address: hm@shop.studiohmcraft.art
I/We [*] hereby inform about my/our [*] withdrawal from the contract of sale of the following goods [*] [for the provision of the following service [*], Ordered on [*] / received on [*]______________________(date of receipt)
Consumer's name and surname:
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper)