GENERAL TERMS AND CONDITIONS
- INFORMATION ABOUT THE SOLE PROPRIETOR
1.1 www.gergeierdei.com is operated by Gergei Erdei sole proprietor (seat: 8 Athelstane Grove, E3 5JG London, United Kingdom; unique taxpayer reference: 4220596279; hereinafter referred to as: ”I”). My email address is email@example.com.
- SERVICE AVAILABILITY
2.1 Some restrictions are placed on the extent to which I accept orders from specific countries. These restrictions can be found on “Deliveries” page here.
- YOUR STATUS
3.1 You may only purchase Products from me if:
- you are legally capable of entering into a binding contract with me (for example, in England and Wales you must be at least 18 years old); and,
- you are an authorised user of the PayPal account or credit or debit card used to pay for your order; and,
- are resident in a country that I deliver to (please see “Deliveries” page here for further information).
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND ME
4.1 Once you have placed your order, you should receive an e-mail from me acknowledging that I have received your order (but please contact me if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by me (which I may refuse for any reason).
4.2 After you submit your order, I immediately contact your bank or card issuer for authorisation to take payment from your account. I will not process your order until payment has been received in full. If I accept your order I will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us (“Contract”) will be formed.
4.3 As soon as you place your order, I start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under clause 8 of these terms and conditions or under my Returns Policy.
4.4 From time to time I may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
4.5 These terms and conditions, and any Contract between us, are only in the English language. Please note that I may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.
5.2 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, I may end the Contract and clause 13 will apply.
5.3 Delivery of your order will be complete when I deliver the Products to the address you gave me and the Products will be your responsibility from that time.
5.4 You will own the Products once I have received payment in full.
5.5 The images of the Products on my site and in my other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although I have made every effort to display and print the colours of the Products accurately, I cannot guarantee that your computer’s display of the pictures, or the pictures in my other advertising materials, accurately reflect the colours of the Products that will be delivered to you.
5.6 The Products ordered by you will usually be delivered by DPD, DHL, Hermes or Royal Mail and will require a signature on delivery.
- INTERNATIONAL DELIVERY
6.1 If you order Products from me for delivery to a destination outside the UK:
- your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that I have no control over these charges and I cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. I will not be liable or responsible if you do not pay any such import duties or taxes. Customs officers may open and inspect packages which may delay delivery time or damage wrapping. I will not be liable or responsible for such delay in delivery time or for such damage of wrapping; and
- you must comply with all applicable laws and regulations of the country for which the Products are destined. I will not be liable or responsible if you break any such law; and
- if you return any Products to me from a destination outside the UK, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect. In the case where the return parcel is not marked clearly with the wording “Return to supplier” or wording having similar effect, you may be liable for additional charges applied by UK customs.
- PRICE AND PAYMENT
7.1 The price payable for the Products shall be as shown on my site in pounds sterling (GBP), although please see clauses 7.5 what happens if I discover an error in the price of any Product you order. Prices advertised on my site include UK VAT at the relevant rate chargeable for the time being, but exclude delivery charges which are payable in addition and shown separately during the checkout process.
7.2 I can change the prices on my site at any time without notice, but changes will not affect orders which I have already accepted. However, if the rate of VAT changes after the date of your order, I will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
7.3 I accept payment by debit card, credit card and PayPal. I accept the following cards: VISA, MasterCard, American Express.
7.4 You must pay for the Products (including all applicable delivery charges), and I will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. I immediately contact your bank or card issuer for authorisation to take payment from your account.
7.5 If I accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, I may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
- YOUR RIGHT TO CANCEL THE CONTRACT (EEA CUSTOMERS ONLY)
8.1 If you are a consumer in the European Economic Area (“EEA”), you have a legal right to cancel a Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery.
8.2 If you wish to cancel a Contract under clause 8.1, you just need to communicate this to me within the timescale set out in clause 8.1. The easiest way to do this is to contact me by email at firstname.lastname@example.org or by post at 8 Athelstane Grove, E3 5JG London, United Kingdom. You may use a copy of the cancellation form available here, but you are not required to do so.
8.3 If you cancel a Contract under clause 8.1 after the Products have been dispatched to you, you must return them to me. You must send off the Products within 14 days of telling me that you wish to cancel the Contract. You will be responsible for all cost of returning Products (including any postage, shipment or delivery costs as well) to me. Please see my Returns Policy here for further information about how to return Products to me.
9.1 For further information on returns please see my Returns Policy.
- YOUR RIGHT FOR A REFUND (EEA CUSTOMERS ONLY)
10.1 If you are a consumer in the EEA and you cancel your Contract under clause 8.1, I will:
- refund you the price you paid for the Products. However, please note that I may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If I refund you the price paid before I am able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay me an appropriate amount; and
- refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method I offer to your delivery destination; and
- make any refunds due to you by the method you used for payment within 14 days after the day on which I receive the Products back from you or, if earlier, the day on which you provide me with evidence that you have sent the Products back to me; or within 14 days after you inform me of your decision to cancel the Contract.
10.2 Please note that, according to the provisions of clause 8.3 and 10.1.b), I will not refund any postage, shipping, delivery or other costs incurred as a result of returning a Product to me. I will refund only the delivery charges you have paid for getting the Products to you in the case where you are a consumer in the EEA and you cancel your Contract under clause 8.1.
10.4 Please note that I cannot offer refunds on custom orders, wallpapers, sale items, original artworks and art prints.
10.5 Please note that all the refunds defined in the present general terms and conditions will be made by me via the original payment method by which you have paid the certain amount to me.
10.6 Please see my Returns Policy here for more information about returns and refunds.
- FAULTY PRODUCTS
11.1 If you are a consumer, I am under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
11.2 Please inspect the Products immediately upon delivery. If you consider that any Product I have supplied is faulty or mis-described, please notify me, within 3 days from the date on which you recognize the fault, by using the contact details set out in clause 8.2.
- MY RIGHTS TO CANCEL THE CONTRACT
12.1 I may end the Contract at any time by writing to you if:
- you do not make any payment to me when it is due;
- you do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to provide the Products; or
- you do not, within a reasonable time, allow me to deliver the Products to you.
12.2 I may also end the Contract in the circumstances set out in clause 7.5.
12.3 If I end the Contract in any of the situations set out in clause 13.1, I will refund any money you have paid in advance for the Products I have not provided but I may deduct or charge you reasonable compensation for the costs I will incur as a result of your breaking the Contract.
- MY LIABILITY
13.1 If I fail to comply with these terms and conditions, I am responsible for loss or damage you suffer that is a foreseeable result of my breach or my failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both I and you knew it might happen.
13.2 I only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, I will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
13.3 I do not in any way exclude or limit my liability for death or personal injury caused by my negligence, fraud or fraudulent misrepresentation or any matter for which I may not exclude or limit my liability under any applicable law.
- EVENTS OUTSIDE MY CONTROL
14.1 I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under a Contract that is caused by an Event Outside my Control. An Event Outside my Control means any act, event, omission or accident beyond my reasonable control.
14.2 If an Event Outside my Control takes place that affects the performance of my obligations under a Contract, I will contact you as soon as reasonably possible to notify you and my obligations under the Contract will be suspended and the time for performance of my obligations will be extended for the duration of the Event Outside my Control. Where the Event Outside my Control affects my delivery of Products to you, I will arrange a new delivery date with you after the Event Outside my Control is over.
14.3 You may cancel a Contract affected by an Event Outside my Control if there is a risk of substantial delay. To cancel a Contract under this clause 14 please contact me using the details set out in clause 8.2.
- INTELLECTUAL PROPERTY RIGHTS
15.1 All and any Intellectual Property Rights in the Products shall be owned by me or my licensors. All such rights are reserved.
- OTHER IMPORTANT TERMS
16.1 Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
16.2 If I have to contact you, I will do so by in writing or telephone, using the contact details you provided to me in your order, unless you have asked me to contact you by any other means. When I refer in these terms and conditions to “in writing”, this includes e-mail.
16.3 I may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on my site when you place your order.
16.4 I may transfer my rights and obligations under the Contract to another entity. I will tell you in writing if this happens and I will ensure that the transfer will not affect your rights under the Contract.
16.5 You may only transfer your rights or your obligations under these Terms to another person if I agree in writing.
16.6 The Contract is between you and me. No other person shall have any rights to enforce any of its terms.
16.7 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.8 If I fail to insist that you perform any of your obligations under these terms and conditions, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only do so in writing, and that will not mean that I will automatically waive any later default by you.
16.9 Please note that these terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
16.10 In respect of any dispute or claim relating to a Contract, if you are a consumer you and we both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against me or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and I both submit to the exclusive jurisdiction of the courts of England and Wales.
- AFTER SALES SERVICE
17.1 Questions, comments or requests regarding these terms and conditions or my Products should be addressed to email@example.com.
17.2 If you have any complaints these should be addressed in writing to me by email to firstname.lastname@example.org or by post, 8 Athelstane Grove, E3 5JG London, United Kingdom.
17.3 If you are not satisfied with how I have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found here.