TERMS AND CONDITIONS
These are the Conditions on which we supply Goods to you. “We”, “us”, “our”, or any other similar expression, means Whoartnow Limited, a company registered in England and Wales. Our company registration number is 08035826 and our registered office is at 2nd Floor, 137 Harrison Road, Leicester, LE4 6NP, United Kingdom. “You”, “your” or any other similar expression, refers to you, our customer who is purchasing Goods from us through any of our websites from time to time, including graff.io, and any reference to “our site” shall be a reference to the applicable website. These Conditions do not apply where you have purchased any of our products directly through a third party website, in which case any contract entered into will be entered into as between you and that third party.
- Definitions and Interpretation
- In these Conditions, the following words and phrases shall have the following respective meanings:
|“Conditions”||means these Terms and Conditions;|
|“Contract”||means the contract between you and us for the supply of Goods in accordance with these Conditions;|
|“Goods”||means the products sold by us through our site;|
|“Intellectual Property Rights”
|means copyright, design rights, trade marks, patents, rights in any inventions and any other rights of a similar kind;|
|“Lifetime Guarantee”||means the guarantee offered by us in relation to the Goods in accordance with clause 7; and|
|“Order”||means your order for Goods through our site.|
- “Writing” includes emails. When we use the words “writing” or “written” in these Conditions, this includes emails.
- Access to and use of our site
- Our Contract
- Our site will guide you through the Order process. Before submitting your Order you will be given the opportunity to review it. Please ensure that you have checked your Order carefully before submitting it to ensure that it is complete and accurate in all respects.
- In order to confirm your Order, you will be asked, and will need, to accept these Conditions. When we confirm to you in writing that we are able to provide you with the Goods, (“Order Confirmation”), this is when the Contract shall come into force. Each Order shall form the basis of a separate Contract.
- Additional terms may apply if you use a voucher or coupon purchased by a third party when placing your Order. Such terms will be published by the relevant third party and will apply as between you and that third party. These terms will not from part of the Contract.
- Once we have accepted your Order, you cannot change it without our consent. We will not accept any changes to the nature or specification of the Goods once you have placed your Order. If you want to make any other changes under the Contract, for example any delivery arrangements, you must send to us details of your requested change in writing. We do not have to agree to any changes. If we do agree to any other changes, we will let you know if this will have an effect on the cost or timing of the supply of Goods, and this will constitute a counter-offer from us. If you do not wish to go ahead with the change or do not respond to our counter-offer within a reasonable amount of time, we will not have to honour the change and the original terms of the Contract will continue.
- If we are unable to accept your Order, we will inform you of this in writing and will of course not charge you for the Goods. This might be for a variety of reasons, including (without limitation) because the Goods are 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 Goods or because we are unable to meet a delivery deadline you have specified.
- The images of the Goods on our website are there purely as an illustration. Although we have made every effort to display the colours accurately, we cannot guarantee that colours appearing on any illustration accurately reflect the colour of the Goods. Your Goods may therefore vary slightly from those images.
- If we are making the Goods to your specification or using images that you have provided to us, you are responsible for ensuring that these are correct and comply with our minimum technical requirements from time to time. You can find information regarding these requirements on our site or by contacting us. You warrant that you have full permission to upload the images provided and that we can use these images lawfully for the purpose of supplying you with Goods. We are not responsible for any images uploaded in error or for any liability to any third party in respect of such images.
- We may make minor changes to the Goods to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to improve the quality of any image you have supplied.
- Pricing and payment
- The price of the Goods (which includes VAT) will be the price indicated on the relevant pages of our site when you place your Order. Delivery options and related charges will be presented to you as part of the Order process before you place your Order.
- We take reasonable care to ensure that all prices advertised on our site are correct. We reserve the right to change any prices advertised on our site and to add, alter, or remove special offers on our site from time to time.
- Payment for Goods and any related delivery or shipping charges must always be made upon entering into the Contract and you will be prompted to make payment during the Order process. We will not deliver any Goods to you until we have received payment in full for the Goods and any associated charges.
- We shall only accept the methods of payment stipulated on our site from time to time.
- Delivery, Risk and Ownership
- Goods purchased through our site will be delivered as soon as reasonably practicable. We will normally deliver Goods within 30 calendar days from the date of the Order Confirmation (subject to delays caused by events outside of our control) but we cannot warrant that your Goods will be delivered within a specified timeframe.
- If the supply of Goods 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 liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
- If we try to deliver the Goods to you and you fail to accept delivery of them within 14 days of the day on which we first try to deliver the Goods or we inform you that the Goods are ready for delivery, we shall store the Goods until we are able to deliver them. We also reserve the right to charge you for the costs and expenses that we incur in storing the Goods, including insurance. If another 14 days pass from when we begin to store the Goods and we have still been unable to deliver the Goods, we may decide to resell or otherwise dispose of some or all of them. If we do that and sell them at a higher price, we shall pay you back any excess over the price of the Goods that you have already paid (less reasonable storage and reselling costs). If however we cannot resell them for at least the price that you had agreed to pay for them, we reserve the right to claim the shortfall from you. As many of the products that we sell are made to order, it may therefore not be possible to resell the Goods and we reserve the right to claim back from you the full price of the Goods in any of the circumstances described in this Clause. For the avoidance of doubt, we may engage a third party to deliver or store the Goods, and in that event this Clause equally applies.
- The Goods will be your responsibility and you will own the Goods from the time that we deliver the Goods to the address you gave us during the Order process.
- Lifetime Guarantee
- Our Lifetime Guarantee means that we promise to ensure that the quality and performance of your Goods will not deteriorate over time. The Lifetime Guarantee will not be valid until it has been activated by you. We will explain when we deliver the Goods to you how you can activate the Lifetime Guarantee. If at any point you find that the quality or performance of your Goods are not to the same high standard as when you first received the Goods, please contact us with details of your Order, including the relevant Order number together with your full name and address and a description of the defective Goods. Our contact details can be found at Clause 13 We may then, in our discretion, provide you with replacement Goods. In deciding whether to provide you with replacement Goods, we may require you to return the defective Goods at your cost as proof of your claim. The Lifetime Guarantee lasts for 75 years from the date on which you receive the Goods. The Lifetime Guarantee will also not apply in any of the circumstances outlined in clause 8.3.
- The Lifetime Guarantee does not affect your legal rights in relation to faulty or incorrectly described Goods.
- Faulty, damaged or incorrect Goods
- When we deliver the Goods to you, they will match their description (as set out in the Order), be free from material defects in design, material and workmanship, be of satisfactory quality and be fit for any purpose stated by us.
- When you receive the Goods, you should inspect them to ensure that the Goods comply with the clause 8.1 above. If you find that your Goods do not meet any of these standards, you must tell us this in writing within 24 hours of delivery. Our contact details can be found at Clause 13 We may ask you to return the Goods to us (at your expense) within 14 days of delivery. Once we have had a reasonable amount of time to examine the Goods and believe that they were faulty when you received them, we may (in our discretion) offer to replace the defective Goods, or offer you a full or partial refund. This is your sole and exclusive remedy.
- We will not be responsible for any failure of the Goods:
- where the failure arises because you did not follow any instructions we gave you in relation to the Goods (such as storage or maintenance);
- where the failure arises because we have followed any express instruction given by you (or used images or followed specifications provided by you);
- if you alter or repair the Goods without our written permission;
- if the failure arises as part of the normal ageing process, or as a result of fair wear and tear, intentional damage, negligence, or unusual conditions; or
- where the Goods differ from their description as a result of changes we have made to ensure they comply with any legal or regulatory standards.
- Ending the Contract
- As you have purchased the Goods online, you have the legal right to change your mind within 14 days and receive a refund. This only applies in the case of standard Goods which have not been personalised or created to meet your specification. You therefore do not have the right to change your mind in respect of bespoke Goods, for example where you have uploaded images for the purpose of creating the Goods.
- If you are exercising your right to change your mind, you must contact us to let us know. You must then return the Goods to us in their original condition within 14 working days from the date on which you received the Goods. We will issue you a refund for the price you paid for the Goods together with any payment received relating to the original delivery. Please return the Goods to us in a similar manner in which they were originally sent in order to ensure their safe return. You will be responsible for the cost of returning the Goods to us.
- Any refunds due to you will be made using the same payment method that you used when placing your Order.
- We may end the Contract at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Goods to you. This does not limit any other rights or remedies we may have under the Contract.
- Our liability
- We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or of our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. However, our liability shall not in any circumstances exceed the price you have paid for the Goods, except where clause 10.2 applies
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors, or liability for fraud or fraudulent misrepresentation.
- If anyone claims that the use by us of any images or materials supplied by you infringes their Intellectual Property Rights (“Claim”), you will be liable to indemnify us against any sums we have to pay in order to meet or settle that claim, including any costs or expenses we incur.
- If we are aware of any such Claim, we will use our best endeavours to inform you of this as soon as possible and will not admit any liability without your consent, provided that your consent is not withheld, delayed, or made subject to any unreasonable conditions. You may defend or settle the Claim yourself if you inform us promptly in writing that you wish to do so, as long as the settlement that you agree does not require us to pay any money.
- We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of any circumstances beyond our reasonable control.
- How we may use your personal information
- We may use the personal information about you or other individuals you provide to us in order to provide the Goods, process your payment for such Goods and, if you agreed to this during the Order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us. We will only give your personal information to third parties without your consent where the law either requires or allows us to do so.
- Where we extend credit to you for the Goods we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
- Other important terms
- We may transfer our rights and obligations under these Conditions to another organisation. You may only transfer your rights or your obligations under these Conditions to another person with our prior written consent.
- You may transfer the benefit of our Lifetime Guarantee on the same terms to any person to whom you transfer ownership of the Goods after you have completed purchasing the Goods from us, for example, by selling the Goods to that person or giving them the Goods as a gift.
- Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds any part of this Contract illegal, the rest of it will continue in force. Each of the provisions of these Conditions operates separately. If any Court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this Contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
- These Conditions are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.
- How to contact us
- You can contact us by writing to us at firstname.lastname@example.org
- If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your Order.
- Any returns should be sent to: graff.io 2nd Floor, 137 Harrison Road, Leicester, LE4 6NP