Legals


Timorous Beasties Terms and Conditions for Ecommerce Website. 2011

All products displayed in this website are sold subject to our Terms and Conditions set out below. Nothing mentioned in these Conditions affects your statutory rights.

Definitions.

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

‘Conditions’ means these terms and conditions.

‘Product(s)’ means any Timorous Beasties products.

‘Service’ means any service supplied by Timorous Beasties.

‘we’, ‘us’, ‘our’ means Timorous Beasties.

‘Seller’ means Timorous Beasties.

‘you’, ‘your’ means the customer.

‘Buyer’ means the customer.

Orders

Your order becomes binding as soon as we have accepted it. All orders are subject to availability.

We do not take responsibility for over or under ordering of wallpaper, fabric or any other products.

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 without limitation measurements, dimensions, product features, access and delivery.

We recommend that when ordering wallpapers or fabrics that advice is sought from a trained professional or fitter.

We reserve the right to refuse supply of products or services to any individual or company.

Any additional orders as a result of under ordering will be treated as a separate order and cannot be added on to previous orders.

Ownership

The Website is an official website of TIMOROUS BEASTIES and the copyright and the database rights are owned by TIMOROUS BEASTIES. The Website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organisation and arrangement thereof, together with the TIMOROUS BEASTIES trademark and all other trademarks, logos and trade names depicted on the website belong to TIMOROUS BEASTIES

Limited Licence and Restrictions

You acknowledge and agree that the material and content contained on the Website is made available to you for your personal and non-commercial use and that you may only download such material and content for the purpose of using the Website to a single personal computer. Furthermore you acknowledge and agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited to (or to assist or facilitate any third party to) copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website without our written permission and is a violation of our intellectual property rights.

Basis of a Sale

All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions.

The following is required to create a contract between you and us:

Please follow the simple onscreen instructions taking you through the process of placing an order on the website. You place the order for your products by pressing " Checkout" on the "Review Your Order page", and in doing so you offer to buy the goods at the prices indicated as well as any applicable delivery charges.

An order acknowledgement email will be sent to you detailing the products you have ordered. Please note that this email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by TIMOROUS BEASTIES.

The acceptance of your order and the completion of the contract between you and us will take place on payment of the products unless we have notified you that we do not accept your order or you have cancelled it. If you have ordered custom or bespoke products the acceptance of your order and the completion of the contract between you and us will occur when you receive a confirmatory letter from us unless we have notified you that we do not accept your order or you have cancelled it. Once we have accepted your order and it is paid for in full it becomes binding, subject to your rights of cancellation. Non-acceptance of an order by us will occur if the ordered product/s is out of stock or unavailable, if we identify a pricing or product description error or are unable to obtain authorisation for your payment.

We reserve the right to withdraw any products from this website at any time or remove or edit any information on our website. We will not be liable to you or any third party by reason of our withdrawing any product from our website whether or not that product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase products on this website you must be over 18 years of age, register by providing your real name, 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.

Please note that PO box numbers, hotels and temporary addresses are not permitted.

Standard Wallpaper, Superwide Wallpaper and Vinyl

Weights, dimensions and descriptions of goods given by us to you for any purpose are stated in good faith but are approximate only and will not form part of any contract with you nor bind us in any way. We reserve the right to withdraw, or amend, the specification of any goods and pattern without further notice to you.

Wallpapers ordered in excess can be returned only if in a sellable condition and unopened to either our Glasgow or London stores or to

Timorous Beasties 7 Craigend Place, Glasgow. G13 2UN. Within 28 days and at the buyers expense.

Excluding any custom or bespoke products or cut lengths.

Any shortfalls in requirements are the sole responsibility of you the buyer.

Due to manufacturing processes Superwide Papers will be sold by the metre in one piece up to 45m, larger orders will be supplied in multiples of 45m, or parts thereof. Minimum order 1m.

Standard wallpapers are sold by the roll approximately 52cm by 10m unless otherwise stated.

Wallpapers are supplied in different qualities and weights and not all wallpapers are available in all qualities.

All other wallpapers are sold in full rolls approximately 10m long (11yards).

Handprinted rolls may be sold as “double rolls” approximately 20m long (22yards).

Paper Hanging

Please consult our website for hanging instructions and a visual reference prior to installation. Any papers that are hung in the wrong direction or repeat are the responsibility of the buyer. All surfaces must be properly prepared, if in doubt consult a competent / qualified decorator. We accept no responsibility for papers that are not hung properly.

Precise colour matching cannot be guaranteed between different batches. If re ordering to match an existing product you must include the batch number.

Custom wallpapers will be matched only if we are supplied with an original piece and whilst we will endeavor to produce a good match we cannot guarantee a perfect match.

The information given in our specifications or technical / hanging advice,  whether verbal or written is for guidance and is given in good faith but without warranty, as site conditions and levels of skill in application are beyond our control. We can accept no liability for the performance of the products arising out of such use, beyond the value of the goods supplied by us.

Fabric

Many of our fabrics have natural and manufacturing characteristics such as slubs, knots, pile shading and pile direction (nap on velvet). When selecting a fabric you must be aware of its suitability for purpose and of its characteristics.

Fabrics and dyes can be affected by light, therefore we recommend that products where possible are positioned away from direct sunlight and heat to protect them from fading and premature wear.

Regular cleaning in accordance with the care instructions will also prevent dirt prematurely aging or damaging your fabric.

Fabrics will only be sold in full metres.

We make every effort to display as accurately as possible the colours of our products that appear on our website.

However, due to variations in monitor display, we do not guarantee our website display of colours will be accurate. We recommend ordering a sample of the colour you’re interested in to eliminate doubt.

Samples and swatches can be ordered from our website

Fabrics are supplied without any soil or flame retardant coatings

All our velvet fabric and cushions  will be printed with the nap going down (unless otherwise stated).

Selected Products have feather filled pads. These will flatten with use. These should be plumped by hand often to restore the fullness.

Cancellations and Returns

When returning Products, please return them to us by one of the following methods together with proof of purchase (a receipt or dispatch note).

We ask that you take reasonable care when handling the products and return the products unopened, unused and in their original packaging, where possible.

Once Products have been delivered, you may return them within 28 days of receipt of delivery by one of the methods below:-

By Courier:

You may return any products to us by courier at your own cost and risk.

Please note that we are not liable for any loss or damage to any returned products in transit and as such, we recommend that you return any products through a recorded delivery service.

When returning products, please package the products properly and securely together with the dispatch note to ensure that the products are not damaged during transit.

If returned products are lost or damaged in transit, we reserve the right to charge you, or refund any amounts attributable to you through loss or damage.

If you prefer to return the products by regular post, please return to:

Returns, Timorous Beasties, 7 Craigend Place, Glasgow G13 2UN. Please retain a certificate of posting from your post office as proof of postage.

Products can also be delivered to our London or Glasgow showrooms with proof of purchase.

Delivery

Once an order is placed it will be dispatched within 48hoursexcluding weekends and public holidays, unless the 'lead time' states otherwise. We operate a next day delivery for UK though this may vary depending on postcode and access. We shall not be liable for delays and/or failures in delivery if we cannot gain access to the property. Additional charges may apply for the storage of the products if the customer delays 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 from placing your order please contact our customer service team to investigate the non-arrival.

Risk of Damage in Transit

We carry the risk of loss or damage to the products until you receive them. The products belong to you when you have received them and have paid us in full. If you return the products to us for any reason, they will become our property and be at our risk from the time we receive them.

Please contact us for international shipping rates at customerservices@timorousbeasties.com

Product Use

All of our products are designed for interior use unless otherwise stated. It is you, the buyer’s responsibility to ensure that the product is fit for purpose for the end use. Product Descriptions, Colours and Characteristics

Every effort is made to ensure that the Products we supply correspond as closely as possible to the samples displayed online, but there may be variations as natural materials have unique characteristics. No responsibility can be accepted for these variations, which all add to the unique features of our products including but not limited to the following:

On fabric and wallpaper the shade may vary slightly from one printing batch to another.

There is a 3% allowance on fabric alignment.

All fabric measurements are approximate.

Please allow +/- 2 cm variance on sizes stated.

These may be more apparent if orders are placed at different times.

We reserve the right to make any change to the specifications of our products where necessary.

Prices

Prices include VAT and exclude delivery charges unless otherwise stated.

All prices are correct at 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.

Timorous Beasties are not responsible for import duties for International shipments.

Payment Methods

You may pay using, Visa, Visa Debit, Visa Electron, MasterCard and UK Maestro. We do not accept American Express. You confirm that the credit, debit or store card that is being used is yours. 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. All card payments are processed for you by our credit card acquirers for a fee included in the cost of your purchase. We do not take additional fees for varying payment methods, we do not accept cash. If refunds are made they will be made in the method they were received.

We shall take all reasonable precautions to keep the details of your order and payment secure, except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

Website Content and Linked Sites

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was uploaded onto the system. Although we aim to keep the content as up to date and accurate as possible, however due to inadvertent clerical or administrative errors the information including product descriptions appearing on this website at any particular time may not always reflect the product exactly. Please note that in the event that an error is identified non-acceptance of an order by us may occur, subject to your statutory rights.

We make no representations about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.

Intellectual Property

You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this website is owned by Timorous Beasties or our licensors and shall remain at all times vested in us or our licensors as expressly authorized by us or our licensors.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Liability and Warranties

Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.

We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the products or goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.

Data Protection and Privacy

We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.

If you wish to update or delete your personal information that has been specifically left on our mailing list. Please contact us.

To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our couriers. By placing an order with us, you agree to your data being processed by Timorous Beasties. We will not pass on your data to anyone outside or organization.

Security Policy

Our Payment Service Provider is Sage Pay (formerly Protx) – the largest independent payment service provider (PSP) in the UK and Ireland. Sage Pay provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is Sage Pay’s utmost priority to ensure that transaction data is handled in a safe and secure way.

Sage Pay uses a range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards.

Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.

Sage Pay is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation.

In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL.

So when buying through our site, you can be sure that you are completely protected.

More information about shopping securely with Sage Pay can be found at www.sagepay.com/shoppers

Risk and Title

No order is binding on you or Timorous Beasties until we have accepted it. All title and ownership to the ordered products will pass to you from the moment they are dispatched by us to the postal service, or to our carriers, or on payment in full by you of the price of the Goods and any delivery charge (if applicable); and risk will pass on delivery.

If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.

Waiver

A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

Amendments to these Terms & Conditions

We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.

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