These terms

This agreement is between you, the customer (“You”) and The Garnered Ltd (“We”, “Us” or “The Garnered”).
These terms and conditions will apply at any time when you use this website (“Website”) or our services (“Services”) and by continuing to use the Website or the Services you accept these terms and conditions (“Terms”) and they will apply to the agreement between you and us (the “Agreement”).
Your agreement in relation to any order for Products or products (“Products”) you may place through the Website will be an agreement between you and the designer (“Designer”) of those Products (“Purchase Agreement”). The Website is a platform to enable Designers to display their Products and make them available for purchase but the Designer is be responsible for fulfilling the terms of any Purchase Agreement with you. Certain terms of the Purchase Agreement will be the terms and conditions of the Designer or those that are at clause 3 of these Terms. You must read and agree to these Terms and any applicable conditions of the Designer before placing your order.
These Terms may be amended from time to time. Any amendments or new terms and conditions will be available on our Website and the terms and conditions on the Website at the time you enter into an agreement with us will be the ones that apply. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Website or Services you will be deemed to have accepted the new terms.

Registration

When using the Website you will be invited to register with us. Registration is not necessary to be able to access the Website but you will not be able to use all our Services or purchase Products if you have not registered and do not have an account with us (“Account”). We therefore recommend that you register so that you can fully enjoy all that we can offer you.
To register we will require that you provide us with your name, date of birth and a valid email address. We may require additional information as well. Please note that any personal information that you provide to us will be subject to our data protection obligations which are set out in our privacy policy (“Privacy Policy”) which can be seen here: Privacy Policy . The Privacy Policy forms part of the Agreement.
When you register with us you will be asked if you agree to us sending emails to you. If you do not agree to this we will not be able to send you details about special offers, promotions or new Services we can offer you. You may also be asked in the future if you agree to us passing your details to affiliates of ours so that they can email you with details of their services, products or special offers. If you agree to receiving emails, either from us or our affiliates, you will be able to unsubscribe to such emails at any time.
You will also be asked to create a password when registering. We recommend that you keep your password confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the Website or use our Services they will be deemed to be acting as agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorisation from you, please notify us immediately and we will suspend or close the Account at our discretion.
We may suspend or close your account at any time if you are in breach of the terms of this Agreement. If we suspend or close your Account you will not be able to purchase Products from Designers and you may not be able to use the Website or some of our other Services.

Purchase Agreement

The agreement for the order and purchase of Products will be between you and the relevant Designer. The Purchase Agreement between you and the Designer shall comprise of the terms in this clause 3, the terms on the Website in relation to the Products (including price, description and any other terms specific to those Products) and any terms agreed between you and the Designer in relation to shipping and delivery.
Payment and prices
1. At the time you place an order for Products you must give authority for payment. We will take credit or debit card details and will take payment from you once the Designer has accepted the order and confirmed the order details with you.
2. Your order is an offer to buy from the Designer. There will be no contract between you and the Designer until the order is accepted by the Designer and payment is taken from you.
3. All prices are expressed exclusive of any VAT payable and delivery costs unless otherwise stated. The total price payable will be clearly stated before you place your order.
4. The Designers’ prices may be listed on the Website in Pounds Sterling, Euros and or US Dollars. You will be charged in Pounds Sterling (£) and if you are paying from a bank account or with a card in a different currency you will bear the cost and risk of the exchange rate that your bank or card provider applies. Prices displayed in currencies other than Pounds Sterling are for information purposes only and the ultimate price you pay may be affected by the exchange rate and fees your bank or card providers apply. We strongly recommend that you check with your bank or card provider the rates and fees that will apply before making an order.
5. Payment for Products may be made by such credit or debit cards or other payment methods as may be advertised on the Website from time to time. By using a credit or debit card you are confirming that you are authorised to use the card to make payment. The Designer reserves the right to cancel your order or refuse to dispatch Products to you if your card issuer carries out checks and fails to make payment to the Designer or The Garnered.
6. The prices payable for the Products that you order are clearly set out on the Website and the Designer makes every effort to ensure these prices are accurate. If, by mistake, the Products have been under-priced we or the Designer will attempt to contact you to ask if you wish to reconfirm your order at the correct price but the Designer will not be liable to supply those Products to you at the incorrectly stated price in any circumstances. If you do not wish to reconfirm your order at the correct price, your order will be cancelled and you will be refunded in full if you have already paid.
7. Payment may be made using The Garnered gift vouchers and the Designer shall honour all orders where payment is in the form of The Garnered gift vouchers.
Availability
1. The Designer will use their reasonable endeavours to ensure that the Website lists where the Designer is low on stock or out of stock in respect of particular Products but will not accept an order where the Products are no longer available.
2. If the Designer is unable to fulfil an order then they will contact you and offer you the option of either (i) cancelling the order (ii) selecting alternative Products or (iii) proceeding with the order and accepting delivery of the Products when they are available again.
3. Please note that some Products may be subject to lead times.
4. If the Designer is unable to supply particular Products for any reason it will ensure that you are not charged for those Products.

Shipping and Delivery
1. We currently deliver to the EU, US and Australia.
2. The Designer will deliver the Products in accordance with the selected delivery option and will contact you if they are unable to deliver the Products within the agreed time-frame.
3. The Designer will be responsible for the Products until the Products are delivered. A signature will be required on delivery.
4. The Designer will not be liable if the Products do not arrive within the agreed time-frame due to circumstances beyond the Designer’s control.
5. Delivery costs will be payable in addition to the price for the Products listed on the Website. Delivery costs may vary depending on the size and weight of Products, type of delivery and to where the Products are being delivered.
6. Delivery will be made to the address specified by you when placing your order. Please be aware that Products may not fit through your letter box and you may be required to be in at your address or attend a mail sorting office to receive them.
Cancellation and returns
1. You can cancel or change any of your current orders prior to dispatch by contacting us on [email protected]
2. Please see our returns and cancellation policy which explains your right to cancel a contract for the purchase of products without giving a reason and how you can exercise that right.
3. Personalised items, items made to order, perishable items and items with a hygiene element may not be returned unless they are defective. Also certain designers outside of the EU may not accept returns for fragile items.
4. Under the Consumer Rights Act 2015 any products supplied to customers in the UK by designers in the EU must be as described, fit for purpose and of satisfactory quality.
5. If you wish to exercise your legal rights to reject faulty products you must tell us within a reasonable time of discovering the defect (and if the defect is reasonably apparent immediately then you must tell us within 30 days). You will then need to return the product in person, post it back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
6. Please see our returns policy for information about cancellation and returns which is incorporated into the Purchase Agreement.
Customs
1. You are considered the importer of record when you order Products from the Designer. You are responsible for ensuring that you comply with all laws and regulations of the country in which you are receiving the Products. Please be aware that cross-border deliveries are subject to inspection by customs authorities and may be opened before reaching you.

Designers

We are not responsible in any way whatsoever for providing you with the Products. We act as a platform for the Designer and by placing an order which is accepted by the Designer you are entering an agreement with the Designer under which the Designer is bound to supply you with the Products subject always to the terms of the Purchase Agreement.
We make great efforts to ensure that the Designers listing Products on the Website are of a high standard but we accept no responsibility and will have no liability to you if the Products do not meet your requirements or you find them unsatisfactory in some way and your right of action or claim will be against the Designer.

Gift vouchers

We may offer gift vouchers for purchase through the Website. We will take payment using your credit or debit card details at the time you purchase them and in return you will be provided with a voucher code that may be redeemed in exchange for Products available on the Website. If you purchase Products using gift vouchers your agreement shall still be with the Designer and we shall have no liability in respect of the Products so purchased.

The Website

Although we aim to offer you the best service possible, we make no promise that the Services at this Website will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with the Website you should report it and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.
The Website may provide content from other internet sites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Website we will attempt to correct the inaccuracies as soon as we reasonably can.
As a convenience to you, the Website may include links to other websites or material which are beyond our control. We are not responsible for content on any website outside the Website.
Parts of the Website may contain advertising and sponsorship. We will always look to ensure that it is clear what content on the Website is an advertisement. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
We make no promise that materials on this Website are appropriate or available for use in locations outside the United Kingdom, and accessing this Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from locations outside the United Kingdom, you do at your own initiative and are responsible for compliance with local laws.

Your obligations

You Must:
1. agree to observe and act in accordance with the terms of the Purchase Agreement;
2. not interact, deal or communicate with a Designer in such a way or do anything which might adversely affect our relationship with a Designer;
3. provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
4. use the Website in accordance with these Terms and not in any way which may affect the reputation of The Garnered or the use and enjoyment of the Website or our Services by any other users or third parties;
5. inform us as soon as it is practicable if you become aware that someone has tried to access your Account without your permission or attempted to purchase Products using your personal details;
6. only provide us with credit or debit card details for which you are the sole account holder.
You warrant that you have the power and authority to enter into this Agreement and any agreement for the purchase of any Products from Designers; and

Termination and suspension

We may suspend your Account at any time should you be in breach of this Agreement. Furthermore if you have not registered with us we may suspend your access to the Website or the Services if we believe you to be in breach of this Agreement.
If we suspend your Account or access to the Website for any reason we may refuse to provide you with any Services or the right to use the Website for the purposes of purchasing Products. If you attempt to circumvent this clause by attempting to create a new account we reserve the right to terminate this Agreement and any existing Account you may have.

We may terminate this Agreement and your Account at any time if:
1. you are in breach of the terms of this Agreement;
2. we suspect that you are about to commit a breach of this Agreement;
3. you become or we suspect that you are about to become insolvent.
Upon termination you will no longer be able to use our Services or purchase Products through the Website.
Upon termination you will no longer be able to use our Services or purchase Products through the Website.

Subject to this clause 8, any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after termination.

Our liability

We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.
For the avoidance of doubt, the liability excluded under clause 9.a includes any loss arising from your dealings with any Designer and we shall have no liability to you whatsoever for any act or omission of the Designer in connection with any order or purchase of Products or in relation to the Products themselves.
Our liability to you for all losses under this Agreement (subject to any liability in accordance with clause 9.e below) is limited to the total amount paid by you to us in the 12 months preceding the last time you purchased Products through the Website.
No claim may be brought against us in relation to this Agreement more than 12 months following the date on which you last purchased any Products through the Website.
Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud or fraudulent misrepresentation.
You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of a platform for Designers to sell their Products and responsibility for Products lies solely with the Designers for whom we act only as an agent.

Intellectual property

The content of the Website is protected by copyright, trade marks, database right and other intellectual property rights (“IP Rights”) and all such IP Rights are owned by The Garnered or are properly licensed to us by our licensors. The IP Rights in the Website shall remain the property of us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our written permission.
You agree that any comments, communications, ideas or other materials or information (“Customer Information”) that you may provide to us through or in relation to the Services and the Website is provided on a non-confidential basis. Furthermore, you agree that any Customer Information you provide will be deemed to be our property once supplied to us and you assign all and any intellectual property rights that may exist in the Customer Information to us. We will be under no restriction in relation to the Customer Information and may use it as we see fit.

General

By entering into this Agreement you also agree to our Privacy Policy which is available on our Website.
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions to another business where we reasonably believe your rights will not be affected.
If you breach these terms and conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the terms and conditions.
We shall not be responsible for any breach of these terms and conditions caused by circumstances beyond our reasonable control.
This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.

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