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TERMS & CONDITIONS

1. DEFINITIONS AND INTERPRETATIONS

As used in these Terms and Conditions the following words shall have the following meanings:

"The Terms and Conditions" refers to these terms and conditions together with The Order or any amended versions of them brought into effect from time to time.

“The Order” means the order made by the customer to Reclaimed Bespoke for the Products and/or Service provided by Reclaimed Bespoke.

“Reclaimed Bespoke” (RB) refers to the limited company Reclaimed Bespoke, consisting of the sole director Paul Montegrande which is registered in England with Companies House with the Company number 10176916. The registered address is 3a Oswald Road, Chorlton, Manchester, M21 9LH. VAT Reg. No 151843123

“We”, “Us” and “Our” refers to Reclaimed Bespoke (RB) and anyone licensed by RB to act on their behalf.

“The Service” refers to the provision by Us of consultancy relating to and/or provision of handcrafted furniture and other products and services which these Terms and Conditions relate to.

“You” and “Your” refers to the Customer and anyone authorised to act on their behalf, who orders and purchases furniture and/or other products services from Us.

"The Customer” refers to an individual, group or company who prospectively or actually enters into or is invited to enter into any transaction with Us, via any medium, to order and/or purchase Products and/or Services from Us.

“The Website” refers to The Online Promotion and Marketing Platform (OPMP) provided by Us and all activities carried out therein whose worldwide web address is or will be http://www.reclaimedbespoke.co.uk or other such worldwide web address that We, for whatever reason and at Our discretion, select in addition or as a replacement.

"Products and/or Services" (Prdts/Srvs) refers to those Products and/or Services, handmade and or manufactured by those who are in Our direct employ and/or those who are licenced by Us to produce Prdts/Srvs for sale to The Customer.

“Ready Made Products and/or Services” refers to Prdts/Srvs which are handmade or manufactured by Us which We then make available for purchase by The Customer.

“Bespoke Products and/or Services” refers to Prdts/Srvs which are expressly ordered by The Customer based on their specific requirements and situation.

"Intellectual Property" (IP) refers to an invention, discovery, literary work, dramatic work, musical work, artistic work, database, trade mark, service mark, design (whether two dimensional or three dimensional), patents, semiconductor topography, confidential information, know-how, trade secret, and in each case whether or not it has been reduced to a material form and howsoever it may be recorded, stored or embodied (including without limitation in an electronic or transient medium).

"Intellectual Property Rights" (IPR) refers to all the rights conferred by the law of any country or jurisdiction in the world (including by statute) as amended or re-enacted (common law, civil law, equity or otherwise) in relation to any Intellectual Property, including all applications for such rights as well as all extensions and renewals of such rights.

"Standards of Service Policy" refers to Our policy on the levels and quality of service to be provided by Us to Customers (including without prejudice to the generality of the same, quality and presentation of pictures and text made available by any means, customer relations, order processing information, return and refunds of faulty Prdts/Srvs, pricing and stock availability).

"Virus" refers to any malicious digital program which is specifically created to interfere with, interrupt, disrupt or cause damage to the normal operating procedures of a computer or to unlawfully gain access to a computer’s stored memory with the express intention to extract information without the express and prior consent of the owner.

Words expressed in the singular shall include the plural and vice versa. Words referring to a particular gender include every gender. References to a person include an individual, group, company, corporation, firm or partnership.

References to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification), and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).


 


2. ACCEPTANCE OF THE ORDER

The receipt of an order from You by Us will signify Your acceptance of and any change to The Terms and Conditions.

Subject to any amendment or variation brought into effect, The Order will be subject to and form a part of these Terms and Conditions to the exclusion of any other terms and conditions implied, unless expressly agreed in writing by Us

The Service shall only take effect when We have received an Order from The Customer completed to Our satisfaction with all the required information together with payment where appropriate and We have notified The Customer, in writing, confirming Our acceptance of said Order and entirely at Our discretion.



3. PROVISION OF PRODUCTS AND/OR SERVICES

We will provide The Service with all due reasonable skill and care.

We will use all reasonable endeavours to provide The Prdts/Srvs by the mutually agreed Effective Date of Service but on the understanding that such a date is only an estimate and that We nor any third party, We engage in the provision of The Service, has any liability for any failure to meet such date.

Should there be an interruption of The Service due to circumstances beyond Our control We will use all reasonable means at Our disposal to restore The Service as soon as possible.

We are committed to the constant improvement of The Service. Notwithstanding Our right to suspend or terminate The Service, We reserve the right to modify any part of The Service from time to time without prior notice but in so doing We will try not to diminish the value and utility of The Service to any material degree. If We consider, acting reasonably, that such modification is likely to have a serious detrimental effect on Your financial position, We will notify You of such modification and You shall have the option to agree to the modification and continue to receive The Service or terminate The Service and You will be entitled to a refund of that part of any Charges You have already paid to Us and which relates to a period after the date that The Service has terminated.

We reserve the right to suspend or to cancel The Service in whole or in part without liability to Us if We are prevented from or delayed in the carrying on of Our business and Our obligations under The Terms and Conditions due to circumstances beyond Our reasonable control, including, without limitation, Acts of God, fire, flood, lightning, war, revolution, acts of terrorism, industrial disputes (whether of Our own employees or others) or acts of local or central government (including the imposition of legal or regulatory restrictions). In any such event We will promptly notify You as soon as is reasonably practicable and We will take all reasonable steps to eliminate or mitigate the consequences of such an event, and where relevant, resume performance of Our obligations affected by that event as soon as practicable. If such event continues for a continuous period of more than 30 days, either party shall be entitled to give notice in writing to the other to terminate The Service.

We may immediately suspend provision of The Service or cancel any outstanding provision of The Service or by notice in writing to You, terminate The Service without liability to Us if Youare the subject of a bankruptcy order, or become insolvent, or make any arrangement or composition with or assignment for the benefit of Your creditors, or go into voluntary liquidation (otherwise than for the purposes of reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over Your assets, or if the equivalent of any such events under the laws of any relevant jurisdiction occurs to You

We reserve the right to revise or alter The Service at any time. Any variation in Service will be subject to The Terms and Conditions.


 


4. OBLIGATIONS

You acknowledge and agree that when You order Bespoke Prdts/Srvs from Us, that they will be made to Your exact and express requirements, specifications and situation. It is Your responsibility to ensure that You provide Us with clear, detailed and accurate information to enable Us to create The Bespoke Prdts/Srvs. It is also Your responsibility to ensure that Your instruction/brief is understood by Us before commencement of The Service. We will not be liable in any way for inaccurate, erroneous or missing information provided by You and that if We are found to be out of pocket as a result of such mistakes or omission of information made by You, We will have the right to claim costs and/or compensation from You for any losses incurred by Us.

It is Your responsibility to ensure that any Bespoke Prdts/Srvs ordered and/or purchased by You from Us, will be suitable for the intended situation, location and purpose. We will not be liable for any damage, injury or loss of income as a result of failure to comply with this condition by You.

You acknowledge and agree that lead times quoted by Us are an estimate and that while We will do our best to meet the quoted estimated lead time, You acknowledge and agree that there may be circumstances that will prevent Us from doing so and that given this situation, We will ensure that the Bespoke Prdts/Srvs ordered and/or purchased by You from Us, will be completed as soon as possible after this time.

It is Your responsibility to establish whether access from the delivery vehicle to the eventual location in Your home or office or any other such place You wish the Bespoke Prdts/Srvs to be situated,is suitable in size and situation to successfully deliver the said Bespoke Prdts/Srvs ordered and/or purchased by You from Us. Should there be any restrictions in access to prevent successful delivery of the Bespoke Prdts/Srvs, it is Your responsibility to inform Us of this situation. If it is established that access is restricted, You acknowledge and agree that the Bespoke Prdts/Srvs may have to be delivered partially dismantled and that where possible We will arrange for the person responsible for delivery of the Bespoke Prdts/Srvs, to reassemble any dismantled parts, once the Bespoke Prdts/Srvs have been placed in the final position of your choosing. However, if for whatever reason, the person responsible for delivery is unable or unwilling to reassemble the Bespoke Prdts/Srvs, You acknowledge and agree that it will be Your responsibility to reassemble any parts of the Bespoke Prdts/Srvs that were delivered dismantled.

You acknowledge and agree that charges quoted by Us to You for the delivery of the Bespoke Prdts/Srvs ordered and/or purchased by You from Us will be based upon one delivery person and a suitable vehicle, however should it be established by You, Us or an associated third party that the nature and/or size of the said Bespoke Prdts/Srvs are such that more than one delivery person will be required to successfully deliver the Bespoke Prdts/Srvs to You, in the final position of Your choosing, that a resulting extra charge may be incurred.

You acknowledge and agree that if we employ the services of a third party courier/delivery person/company to deliver the Bespoke Prdts/Srvs ordered and/or purchased by You from Us that while every effort will be made by Us to oversee the successfull delivery of said Bespoke Prdts/Srvs to You, we will not be responsible for any short fallings in the service provided by the said third party and that any issue arising from their service must be taken up with them directly.

You acknowledge and agree, if You order Bespoke Prdts/Srvs from Us based on designs and/or specifications supplied by or stipulated by Yourself and/or someone in your employ, that We will not be responsible for any failure in or incorrect use of said Bespoke Prdts/Srvs as a result of incorrect, inadequate or inappropriate designs/specifications and that any adverse consequences arising from such designs/specifications will be your entire responsibility/liability.

You acknowledge and agree that if You have ordered, paid for and/or received Bespoke Prdts/Srvs, which have been made by Us to Your exact and express requirements, specifications and situation, that You are not entitled to ask for, nor are We obliged to amend, change or provide a refund for the Bespoke Prdts/Srvs, unless The Bespoke Prdts/Srvs has a fault in manufacture, not resulting from inaccurate, erroneous or inadequate information provided by You to Us as part of The Order/Brief and even then

We acknowledge and agree that any faults arising directly from the design and/or manufacture of the Bespoke Prdts/Srvs by Us, not relating to the reclaimed materials used to manufacture the Bespoke Prdts/Srvs, will be rectified by Us if arising within one (1) year of receipt by You of the Bespoke Prdts/Srvs and that You acknowledge and agree that You are only entitled to a full refund if We are unable to rectify the arising problem.

You acknowledge and agree, where the materials We use are reclaimed, as part of the design and materials-specification agreed by You, that such materials have been used for other purposes before being made into furniture. Therefore unless expressly specified otherwise by You, the resulting furniture will have a rough and rustic appearance and quality, which may include rough, uneven and/or cracked surfaces, with clear signs of their previous use, such as paint marks and tool damage which we intentionally leave as signs of this previous use and which form part of the intrinsic style that we wish to promote and offer and that our target clientele have informed us they particularly value and desire. Therefore such features do not signify a fault in manufacture and as such, will not constitute grounds for providing a replacement or refund.

You will conform to all applicable legislation and regulations including, without limitation, those which relate to: distance selling (Consumer Protection (Distance Selling) Regulations 2000)(Amendment 2005)); data protection (Data Protection Act 1998)and e-commerce regulations (The Electronic Commerce (EC Directive) Regulations 2002) and any other applicable legislation .

It is Your and Our responsibility to keep up to date and accurate records of orders and transactions so that information can be recalled easily in the event of a dispute.

You must conduct Yourself at all times in Your relations with Us, Our staff and Agents strictly in accordance with Our policy of respect and mutual co-operation. Under no circumstances will any impolite or abusive communications be tolerated and We reserve the right to immediately cease communication with You in the event of any breach of this Clause by You.

We acknowledge and agree to do the same.

Where We are directly responsible, We shall comply with all applicable standards, regulations and other legal requirements concerning the safe manufacture, packaging and delivery of Prdts/Srvs to The Customer.


5. SECURITY AND CONFIDENTIALITY

You authorise Us (including Our employees, agents and contractors) to hold and process information provided by You to Us under The Terms and Conditions.

You acknowledge and agree that any images provided by You to Us of Prdts/Srvs You have purchased from Us may be used by Us for promotional and/or marketing purposes, in any media.

You acknowledge and agree that any information, in whatever form, provided to You by Us from Our first communication with You or used by You to access The Service, is confidential and subject to all relevant Intellectual Property Rights legislation and as such it is Your responsibility to ensure that such information is kept secure and confidential and that You will take all necessary steps to ensure that all communication between You and Us, in whatever form, is not shared or misused in any way by You and/or any third party in order that You and/or any third party may benefit in any way outside of The Service, governed by these Terms and Conditions and You shall notify Us immediately if You have any reason to believe that any of part of this confidentiality and/or security has been or will be compromised in any way.

You acknowledge and agree that if We believe the information mentioned in the above condition has been or is likely to be compromised in any way, We reserve the right to suspend and/or terminate provision of The Service, without notice and to take all relevant action to reinstate the above condition where possible and/or to gain relevant compensation, as a result of any losses incurred by Us in whatever form, as a result of the contravention of the above condition.

The obligations of confidentiality under The Terms and Conditions shall remain in effect for two (2) years after the termination or expiry of The Service.


 


6. PAYMENTS AND FEES

All Prices, Fees and Charges are in Pound Sterling (£) and subject to VAT at the current rate.

When purchasing Ready Made Prdts/Srvs, You must pay the full asking price, communicated by Us before despatch of The Ready Made Prdts/Srvs. Once it has been confirmed that funds for said purchase have been received by Us, We will then despatch The Ready Made Prdts/Srvs as mutually arranged.

When ordering a Bespoke Prdts/Srvs from Us, as a Commercial Client, You acknowledge and agree that We will, totally at our discretion and in writing, accept a partial payment from You of the full agreed asking price at the commencement of the Order and IF such an arrangement is made between You and Us in writing, You acknowledge and agree to pay the remaining balance in full for said Bespoke Prdts/Srvs one (1) week before the agreed delivery date of the Bespoke Prdts/Srvs.

When ordering a Bespoke Prdts/Srvs from Us, as a private client, You acknowledge and agree to pay 100% (one hundred percent) of the total agreed price at the time of Order, before commencement of The Service and production of Bespoke Prdts/Srvs, unless it is requested by You in writing and expressly agreed by Us in writing for You to make a partial at the commencement of the Order and IF such an arrangement is made between You and Us in writing, You acknowledge and agree to pay the remaining balance in full for said Bespoke Prdts/Srvs one (1) week before the agreed delivery date of the Bespoke Prdts/Srvs.

If such a payment is not forthcoming within seven (7) days of the due payment date, without explanation from You, then You acknowledge and agree that We reserve the right to retain the Bespoke Prdts/Srvs ordered by You and that We reserve the right to charge 4% above the current rate of interest at the time for each subsequent day that payment is not forthcoming and/or initiate proceedings (including legal ones) to obtain judgement on and/or recoup outstanding payment for which We will charge You all resulting costs.

7. LIABILITY

You shall indemnify Us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses) We incur in connection with any claim made to Us as a result of any contravention or infringement on Your part of any part or all of The Terms and Conditions and We will not be liable or obliged to pay any compensation for damages or losses incurred by Yourself or any third party as a result ofsuch contravention or infringementand resulting termination of The Service. Should We incur any costs or damages as a result of any contravention or infringement on Your part of any part or all of The Terms and Conditions, We will have the right to apply, through the courts or other legal means, for compensation in relation to the same.

We shall, in the event of early termination of The Service, refund any Charges due, entirely at Our discretion.

Nothing in these Terms and Conditions excludes or limits the liability of Us for death or personal injury caused by Our negligence, or for fraudulent misrepresentation.

Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the provision, performance or contemplated performance of The Service shall be limited to a maximum of £10,000.

8. GENERAL

Failure of either party to assert its rights in relation to any breach of The Terms and Conditions shall not constitute a waiver of such rights, nor will any such waiver be implied.

Each part of The Terms and Conditions shall be adhered to separately. If at any time any part or parts of these Terms and Conditions is held to be or becomes invalid, illegal or unenforceable for any reason under any applicable law, the same shall be deemed omitted from The Terms and Conditions and the validity, legality and/or enforceability of the remaining provisions of The Terms and Conditions shall not in any way be affected or impaired as a result of that omission.

Any communication to be given in connection with matters contemplated by The Order and these Terms and Conditions shall, except where expressly provided otherwise, be in writing and shall either be delivered by hand or sent by first class pre-paid recorded post. Delivery by courier shall be regarded as delivery by hand. Any notices served under The Service shall be deemed to have been served if personally delivered to the address (provided on The Order Form) of one of the parties on delivery and if sent by first class pre-paid recorded post, 48 hours after the same was delivered to the postal authorities. Communications of any kind may be sent by email provided that, to be effective, the addressee acknowledges receipt of such communication.

The Terms and Conditions are made and shall be subject to the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

Any intentional or negligent contravention or infringement of part or all of these Terms and Conditions, by You or a third party acting on Your behalf, will result in immediate termination of The Service and activation of the subsequent consequences as outlined in these Terms and Conditions. In the event that it is proven or We have reason to believe (Our decision is final) that contravention or infringement of part or all of The Terms and Conditions, by You or a third party acting on Your behalf, was innocent accidental or unintentional, We may give, in writing, what We consider, reasonable notice, time and opportunity (during which time The Service will be suspended) for such contravention or infringement to be reversed so that these Terms and Conditions are once again being adhered to in their entirety.


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Should you wish to discuss your ideas and requirements with us, please get in touch, we’ll be happy to hear from you. Better still if you would like to pop along and see us in person, we’ll get the kettle on!

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