TERMS & CONDITIONS
Last modified: 07/12/2020
1. INTRODUCTION 1.1 The following Website Terms of Use and Online Terms and Conditions of Sale (the "Terms"), including the Privacy Policy, govern the offer and sale of products on our website, "www.tatianadenicolay.com”. The Website is operated by Tatiana de Nicolay (sole trader).
1.2 Please read these Terms carefully before ordering any product. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
1.3 Requests for information should be made at hello@tatianadenicolay.com
1.4 We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You should periodically visit this page to review the current terms and conditions so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future terms and conditions, do not use or access (or continue to use or access) www.tatianadenicolay.com.
1.5 When we use the words "writing" or "written" in these Terms, this includes emails.
1.6 In some areas you will have different rights under these Terms depending on whether you are a business customer or consumer customer. These differences are clearly distinguished in these Terms. You are a consumer customer if: (i) you are an individual and (ii) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). You are a business customer if you are ordering products or using the Website for your commercial or business purposes.
2. TERMS AND CONDITIONS OF SALE 2.1 Order & acceptance
2.1.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We will assign an order number to your order and tell you what it is when we accept your order. Please indicate the order number whenever you contact us about your order.
2.1.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
2.2 Product description & changes
2.2.1 The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
2.2.2 If we are making the product to a specification you have given us you are responsible for ensuring that the specifications are correct. Similarly if we are customising the product at your request you are responsible for ensuring the information you provide us is correct and we shall not be responsible for omissions, typographical errors or other false information.
2.2.3 If you wish to make a change to your order before it has been delivered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the 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.
2.3 Price and payment
2.3.1 The price of the product will be the price indicated on the order pages when you placed your order. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order (if it is lower, we simply charge the lower amount).
2.3.2 We will charge your chosen payment method after we accept your order. You are responsible for all transaction fees/transfer costs. You must pay for the products before we dispatch them.
2.3.3 You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
2.3.4 Your order will not be processed until we have received the payment for your order.
2.3.5 For some orders we may require a deposit in advance (for example large personalised orders or bespoke requests). We will let you know whether any such deposit is required before we confirm your order. The deposit is non-refundable.
2.3.6 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
2.3.7 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount. If you are a consumer customer we charge interest at the rate of 4% a year above the base lending rate of the Bank of England from time to time. If you are a business customer we charge interest at the rate of 8% a year above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
2.4 Delivery
2.4.1 The cost of delivery will be as displayed to you on our website.
2.4.2 Delivery costs are at your charge.
2.4.3 After accepting your order, we will contact you with an estimated delivery date.
2.4.4 If our supply of your order is delayed by an event outside 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. Provided we do this we will not be responsible for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the contract and receive a refund for any products you have paid for but not received.
2.5 Risk & ownership
2.5.1 We are not responsible for the delivery of your order as from the point your order is dispatched with the third party delivery provider. You will be responsible for the product from the time we deliver it but ownership of the product only passes to you once we have received payment in full.
2.6 Cancellation & refunds
2.6.1 You can always cancel your contract with us at any time by using the contact details provided above. However your right to a refund will depend on what you have bought, whether there is anything wrong with it, when you decided to cancel and whether you are a consumer or business customer.
2.6.2 If you are a consumer customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get a full or partial refund); or
(b) If what you have bought are standard non-customised prints or products you have a legal right to change your mind within 14 days of receipt of the product and receive a refund. However, you will need to return the products in the exact same state, number and nature as delivered and pay the cost of return. If you are a consumer and you purchased a customised or bespoke product these cancellation rights do not apply and we do not offer refunds for such orders, nor accept returns.
2.6.3 If you are a business customer:
(a) We warrant that on delivery our products will: (i) conform in all material respects with their description and any relevant specification and (ii) be free from material defects in design, material and workmanship.
(b) We may, at our option, replace or refund the price of any products which you consider do not confirm with the warranty in clause (a) provided that you give us notice in writing within a reasonable time after receipt of the products (no later than 2 weeks of receipt) and return the products in the same state, number and nature as delivered to us so that we have a reasonable opportunity to examine them;
2.6.4 We will not be responsible for a product failure to comply with the warranty in clause 2.6.3 (a) if the defect arises because you failed to follow our storage instructions or because it arises as a result of fair wear and tear, wilful damage or negligence. Except as provided in clauses 2.6.3-2.6.4 , we shall have no liability to you in respect of a product’s failure to comply with the warranty in clause 2.6.3.
2.6.5 If you are entitled to a refund under these terms, we will issue relevant refund via the method you used for payment as soon as possible and, generally, within 14 days from the day on which we receive the product back.
2.6.6 If you have any questions or complaints about your order, please contact us using the contact details provided above.
3. RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED 3.1 If you use the Website for any commercial or business purposes we exclude all liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) your use of, or inability to use, the Website, or (ii) your use of or reliance on any content displayed on the Website.
3.2 If you are a consumer user, please note that we only provide the Website for your domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3.3 If you are a consumer customer, different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out in Section 2 (Terms and Conditions of Sale).
3.4 If you are a business customer, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded. We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for (i) any loss of profit, loss of business, business interruption, or loss of business opportunity, or (ii) any indirect or consequential loss arising under or in connection with any contract between us. Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty.
3.5 If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
3.6 Except as expressly provided in these Terms, the Website is provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) in relation to the Website or the Content made available through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy, reliability or non-infringement.
3.7 We do not guarantee that the Website will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Website or any Content will be free from errors or omissions.
4. ACCESS TO AND USE OF THE WEBSITE 4.1 You must keep your account details safe and secure. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us.
4.2 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4.3 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
4.4 If you breach (or we reasonably suspect that you have breached) any provision of these Terms, your authorisation to access and/or use the Website may be suspended or terminated. You must promptly report any breach of these Terms to us.
4.5 You agree to comply with all reasonable instructions that we may give you regarding your use of the Website.
4.6 You acknowledge that all Content is confidential and proprietary to us and, as such, you will keep all such Content confidential and will not use or display any Content outside of the Website.
4.7 We do not guarantee that the Website will be secure or free from bugs or viruses.
4.8 You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
5. MAINTENANCE, SUPPORT AND CHANGES 5.1 The Website is made available free of charge.
5.2 We do not guarantee that the Website or any Content on it will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try, but are not obliged, to give you reasonable notice of any suspension or withdrawal.
5.3 We may update and change the Website from time to time to reflect changes to our products, users’ needs and/or our business priorities. We will try, but are not obliged, to give you reasonable notice of any major changes.
6. CONTENT ON THE WEBSITE 6.1 We are the owner or licensee of all intellectual property rights in the Website and in the Content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 You must not use of any of the Content made available through the Website for any commercial purpose without first obtaining a license to do from us or our licensors.
6.3 If you copy or use any part of the Website and/or Content in breach of these Terms, your right to use the Website and Content will cease immediately and you must, at our option, return or destroy any copies that you have made of the Website or Content.
6.4 Our trademarks and trade names belong to us and you are not permitted to use them in any way without our approval.
7. LINKS TO AND FROM THE WEBSITE 7.1 Where the Website contains links to other websites and resources provided by third parties ("Third Party Services"), these links are provided for your information only. Such links should not be interpreted as approval by us of those Third Party Services or information you may obtain from them. We have no control over the contents of the Third Party Services.
7.2 You may link to the Website, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. The website, platform or service from which you are linking must comply in all respects with applicable laws. You must not establish a link in such a manner that suggests endorsement, association or approval on our part where none exists. We reserve the right to withdraw linking permission without notice.
8. TRANSFER OF AGREEMENT 8.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
9. SEVERANCE 9.1 If a court finds part of this contract illegal, the rest will continue in force.
9.2 Each of the clauses and sub-clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and sub-clauses will remain in full force and effect.
10. GOVERNING LAW AND JURISDICTION 10.1 These Terms, their subject matter and their formation, are governed by the laws of England and Wales.
10.2 We both agree to the exclusive jurisdiction of the courts of England and Wales.
1.1 The following Website Terms of Use and Online Terms and Conditions of Sale (the "Terms"), including the Privacy Policy, govern the offer and sale of products on our website, "www.tatianadenicolay.com”. The Website is operated by Tatiana de Nicolay (sole trader).
1.2 Please read these Terms carefully before ordering any product. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
1.3 Requests for information should be made at hello@tatianadenicolay.com
1.4 We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You should periodically visit this page to review the current terms and conditions so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future terms and conditions, do not use or access (or continue to use or access) www.tatianadenicolay.com.
1.5 When we use the words "writing" or "written" in these Terms, this includes emails.
1.6 In some areas you will have different rights under these Terms depending on whether you are a business customer or consumer customer. These differences are clearly distinguished in these Terms. You are a consumer customer if: (i) you are an individual and (ii) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). You are a business customer if you are ordering products or using the Website for your commercial or business purposes.
2.1 Order & acceptance
2.1.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We will assign an order number to your order and tell you what it is when we accept your order. Please indicate the order number whenever you contact us about your order.
2.1.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
2.2 Product description & changes
2.2.1 The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
2.2.2 If we are making the product to a specification you have given us you are responsible for ensuring that the specifications are correct. Similarly if we are customising the product at your request you are responsible for ensuring the information you provide us is correct and we shall not be responsible for omissions, typographical errors or other false information.
2.2.3 If you wish to make a change to your order before it has been delivered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the 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.
2.3 Price and payment
2.3.1 The price of the product will be the price indicated on the order pages when you placed your order. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order (if it is lower, we simply charge the lower amount).
2.3.2 We will charge your chosen payment method after we accept your order. You are responsible for all transaction fees/transfer costs. You must pay for the products before we dispatch them.
2.3.3 You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
2.3.4 Your order will not be processed until we have received the payment for your order.
2.3.5 For some orders we may require a deposit in advance (for example large personalised orders or bespoke requests). We will let you know whether any such deposit is required before we confirm your order. The deposit is non-refundable.
2.3.6 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
2.3.7 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount. If you are a consumer customer we charge interest at the rate of 4% a year above the base lending rate of the Bank of England from time to time. If you are a business customer we charge interest at the rate of 8% a year above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
2.4 Delivery
2.4.1 The cost of delivery will be as displayed to you on our website.
2.4.2 Delivery costs are at your charge.
2.4.3 After accepting your order, we will contact you with an estimated delivery date.
2.4.4 If our supply of your order is delayed by an event outside 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. Provided we do this we will not be responsible for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the contract and receive a refund for any products you have paid for but not received.
2.5 Risk & ownership
2.5.1 We are not responsible for the delivery of your order as from the point your order is dispatched with the third party delivery provider. You will be responsible for the product from the time we deliver it but ownership of the product only passes to you once we have received payment in full.
2.6 Cancellation & refunds
2.6.1 You can always cancel your contract with us at any time by using the contact details provided above. However your right to a refund will depend on what you have bought, whether there is anything wrong with it, when you decided to cancel and whether you are a consumer or business customer.
2.6.2 If you are a consumer customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get a full or partial refund); or
(b) If what you have bought are standard non-customised prints or products you have a legal right to change your mind within 14 days of receipt of the product and receive a refund. However, you will need to return the products in the exact same state, number and nature as delivered and pay the cost of return. If you are a consumer and you purchased a customised or bespoke product these cancellation rights do not apply and we do not offer refunds for such orders, nor accept returns.
2.6.3 If you are a business customer:
(a) We warrant that on delivery our products will: (i) conform in all material respects with their description and any relevant specification and (ii) be free from material defects in design, material and workmanship.
(b) We may, at our option, replace or refund the price of any products which you consider do not confirm with the warranty in clause (a) provided that you give us notice in writing within a reasonable time after receipt of the products (no later than 2 weeks of receipt) and return the products in the same state, number and nature as delivered to us so that we have a reasonable opportunity to examine them;
2.6.4 We will not be responsible for a product failure to comply with the warranty in clause 2.6.3 (a) if the defect arises because you failed to follow our storage instructions or because it arises as a result of fair wear and tear, wilful damage or negligence. Except as provided in clauses 2.6.3-2.6.4 , we shall have no liability to you in respect of a product’s failure to comply with the warranty in clause 2.6.3.
2.6.5 If you are entitled to a refund under these terms, we will issue relevant refund via the method you used for payment as soon as possible and, generally, within 14 days from the day on which we receive the product back.
2.6.6 If you have any questions or complaints about your order, please contact us using the contact details provided above.
3.1 If you use the Website for any commercial or business purposes we exclude all liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) your use of, or inability to use, the Website, or (ii) your use of or reliance on any content displayed on the Website.
3.2 If you are a consumer user, please note that we only provide the Website for your domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3.3 If you are a consumer customer, different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out in Section 2 (Terms and Conditions of Sale).
3.4 If you are a business customer, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded. We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for (i) any loss of profit, loss of business, business interruption, or loss of business opportunity, or (ii) any indirect or consequential loss arising under or in connection with any contract between us. Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty.
3.5 If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
3.6 Except as expressly provided in these Terms, the Website is provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) in relation to the Website or the Content made available through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy, reliability or non-infringement.
3.7 We do not guarantee that the Website will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Website or any Content will be free from errors or omissions.
4.1 You must keep your account details safe and secure. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us.
4.2 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4.3 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
4.4 If you breach (or we reasonably suspect that you have breached) any provision of these Terms, your authorisation to access and/or use the Website may be suspended or terminated. You must promptly report any breach of these Terms to us.
4.5 You agree to comply with all reasonable instructions that we may give you regarding your use of the Website.
4.6 You acknowledge that all Content is confidential and proprietary to us and, as such, you will keep all such Content confidential and will not use or display any Content outside of the Website.
4.7 We do not guarantee that the Website will be secure or free from bugs or viruses.
4.8 You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
5.1 The Website is made available free of charge.
5.2 We do not guarantee that the Website or any Content on it will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try, but are not obliged, to give you reasonable notice of any suspension or withdrawal.
5.3 We may update and change the Website from time to time to reflect changes to our products, users’ needs and/or our business priorities. We will try, but are not obliged, to give you reasonable notice of any major changes.
6.1 We are the owner or licensee of all intellectual property rights in the Website and in the Content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 You must not use of any of the Content made available through the Website for any commercial purpose without first obtaining a license to do from us or our licensors.
6.3 If you copy or use any part of the Website and/or Content in breach of these Terms, your right to use the Website and Content will cease immediately and you must, at our option, return or destroy any copies that you have made of the Website or Content.
6.4 Our trademarks and trade names belong to us and you are not permitted to use them in any way without our approval.
7.1 Where the Website contains links to other websites and resources provided by third parties ("Third Party Services"), these links are provided for your information only. Such links should not be interpreted as approval by us of those Third Party Services or information you may obtain from them. We have no control over the contents of the Third Party Services.
7.2 You may link to the Website, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. The website, platform or service from which you are linking must comply in all respects with applicable laws. You must not establish a link in such a manner that suggests endorsement, association or approval on our part where none exists. We reserve the right to withdraw linking permission without notice.
8.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
9.1 If a court finds part of this contract illegal, the rest will continue in force.
9.2 Each of the clauses and sub-clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and sub-clauses will remain in full force and effect.
10.1 These Terms, their subject matter and their formation, are governed by the laws of England and Wales.
10.2 We both agree to the exclusive jurisdiction of the courts of England and Wales.
