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Terms and Conditions

Contents

1. Definitions
2. Conditions
3. Price
4. Orders and Payment
5. Goods
6. Warranties
7. Delivery of the Goods
8. Acceptance of the Goods
9. Title and risk
10. Carriage of Goods
11. Force Majeure
12. Limitation of Liability
13. Ownership of Intellectual Property Rights
14. Brand Integrity, Goods Representation, Advertising and Promotion
15. Repairs, Maintenance and Installation
16. Return, Exchange & Refund Policy
17. General website terms and conditions
18. General

1. Definitions

Seller - Jordan Pickford-Gray (trading as JPG Creates) of 13 Glenfield Road, Leicester, Leicestershire, LE3 6AT, United Kingdom (‘we’, ‘us’, ‘our’, ‘ours’, ‘Jordan’, ‘Jordan Pickford-Gray’, ‘JPG Creates’).
Buyer - the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
Conditions - the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods - the items which the Buyer agrees to buy from the Seller as set out in the relevant invoice and/or sales agreement.
Price - the price for the Goods, and any carriage, if applicable.
Deposit – the amount of money paid upfront to secure a commission or any other type of purchase of product.
Quotation - any quotation in writing given by the Seller. For the avoidance of doubt, any quotation is not an offer to supply the Goods and is intended to be an invitation to treat only.
Writing - includes letter, email, text and comparable means of communication.
Force Majeure Event - has the meaning set out in clause 11.
Intellectual Property - defined as set out in clause 13.1

The headings in these Conditions are for convenience and reference purposes only and shall not affect their interpretation or they form part of these conditions of sale.

2. Conditions

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
2.6 Any typographical, clerical or other error or omission in any sales literature (including Internet based literature) quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

3. Price

3.1 The Price shall be the price quoted on the Seller’s final confirmation of order.
3.2 All prices quoted are valid for 60 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
3.3 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller.

4. Orders and Payment

4.1 Work will not commence on an order until we have received a minimum deposit payment of 50% of the Price. In order to fulfil orders and deliver within the time frame quoted, the final balance should be paid promptly and sufficiently before the delivery date quoted, to allow for the clearing of funds. Orders will not be dispatched until payment in full has been received.
4.2 It is the Buyer’s responsibility, and conditional to starting work, that they confirm all details of Goods in the final sales agreement and any associated designs or drawings are correct, and in accordance with their wishes. Work will not commence until the Seller receives such confirmation in writing from the Buyer, in addition to the deposit detailed in clause 4.1.
4.3 The Seller may, at his discretion, accept a short lead time (under four weeks) on an order, but requires that the Price is paid in full before any work will commence.
4.4 If an order has been placed and deposit paid, and is then subsequently cancelled, or full payment not fulfilled by the Buyer before a time period no longer than six months after completion of order, then the Seller will have the right to permanently retain the paid deposit.
4.5 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
4.6 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.
4.7 All payment payable under the contract must be made in pound sterling.

5. Goods

5.1 The Goods are described as in the relevant invoice and/or sales agreement.
5.2 The Seller reserves the right to amend or change the specification of the Goods at any time without warning, or if required by any applicable statutory or regulatory requirements.
5.3 JPG Creates offers the finest hand-made products. Hand-made products will never be identical only similar, it is impossible to recreate an absolutely identical piece, hand-made products may reveal slight imperfections, for example in glass, in the form of air bubbles which have become trapped when blowing the glass or pontil and hand tool marks, glass pattern and colour irregularities, or even a slightly asymmetrical form, these irregularities reveal that a skilled human hand produced the products, rather than a mass producing machine. All colours shown are only a representation of the colours available and can appear different in natural light or other lighting situations. This is due to the ambient lighting used to effectively photograph the glass and there may be difference between computer monitor displays. Please remember that insubstantial variations in shape, size, colour compared to the catalogue photograph, photography on our site, or art displayed in a studio gallery are not production defects but are typical of the handcrafted production of JPG Creates.

6. Warranties

6.1 The Seller warrants that for a period of twelve months commencing on the date of delivery of the Goods (Warranty Period), the Goods shall:

7. Delivery of the Goods

7.1 A delivery date will be confirmed once the deposit payment has been received from the Buyer. Delivery of the Goods shall be made to the Buyer’s specified address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 Any dates quoted for delivery of the Goods are approximate only.
7.3 The Seller undertakes to use its reasonable endeavours to deliver the Goods within a standard 6 to 8 weeks from receipt of the Buyer’s deposit, but does not guarantee to do so. If a Buyer requests delivery with a lead time shorter than the standard, the Seller may, at his own discretion, endeavour to meet this requirement, but due to the bespoke nature of each order, cannot guarantee to do so. Lead times for larger and special bespoke orders will be advised separately. Time of delivery shall not be of the essence of the contract.
7.4 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, with the remainder of the order to be fulfilled accordingly by the Seller.
7.5 If the Buyer fails to take delivery of the Goods on the agreed delivery date, or if no specific delivery date has been agreed when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing. 7.6 Goods are delivered worldwide, and costs are invoiced at time of ordering. The Seller is not responsible for any taxes payable at the port of entry, customs fees or any other costs that may be incurred, other than the shipping fees invoiced.
7.7 A dispatch note will be sent by email to the Buyer, referencing a tracking number for the Goods sent to the Buyer. All Goods must be signed for by the Buyer, or their representative as proof of delivery.
7.8 If the Seller fails to make any delivery of the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

8. Acceptance of the Goods

8.1 The Buyer shall be deemed to have accepted the Goods at point of delivery, subject to clause 8.2.
8.2 The Buyer shall carry out a thorough inspection of the Goods at point of delivery and give notice in writing to the Seller immediately, if discovering that some or all of the Goods do not comply with the Warranty above. The Buyer will then, if applicable, return the Goods to the Seller at the Seller’s cost and the Seller shall, at his option, and within a reasonable time, repair or replace any Goods that are defective, or refund the price of such defective Goods.
8.3 Where the Buyer has accepted, or has been deemed to have accepted the Goods, the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

9. Title and risk

9.1 Risk associated with the Goods shall pass from the Seller to the Buyer either on delivery, or at the point of release to the Buyers shippers or any of their agents.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller. v 9.4 The Seller may at any time before title passes and without any liability to the Buyer:

9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

10. Carriage of Goods

10.1 Carriage will be chargeable on all sales unless otherwise agreed. This will be at the rate quoted.

11. Force Majeure

11.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.
11.2 The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
11.3 If the Force Majeure Event prevents the Seller from providing any of the Goods for more than twelve weeks, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.

12. Limitation of Liability: THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

12.1 Nothing in these Conditions shall limit or exclude the Seller's liability for:

12.2 Subject to clause 12.1:

12.3 After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
12.4 This clause 12 shall survive termination of the Contract.

13. Ownership of Intellectual Property Rights

13.1 Intellectual Property: copyright and related rights, trade marks and service marks, rights in get-up and trade dress, patents, rights to inventions, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other Intellectual Property rights owned or used by the Seller, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
13.2 The Buyer acknowledges the Seller’s full rights to the Intellectual Property used on or in relation to the Goods, including copyright of images, design, drawings and copy from website or any online or printed media and that these rights are solely the Seller’s property.
13.3 The Buyer accepts that:

14. Brand Integrity, Goods Representation, Advertising and Promotion

14.1 To protect the brand integrity of the Seller’s Goods, the Buyer is to keep all Goods presented for sale or resale in a condition approved by the Seller (as defined in clause 14.2).
14.2 Approved condition: Goods to be kept in good working order, clean, dust free, well-oiled (wooden products) and maintained at all times when presented for sale or public display.
14.3 All Goods purchased by the Buyer for display, sale or resale to third parties, and where advertised or otherwise represented, to be clearly labelled or presented as being a product of JPG Creates.

15. Repairs, Maintenance and Installation

15.1 The Seller accepts no responsibility and will have no liability for any claim by the Buyer or any third party through following advice, or using information of any kind, stated either in this document, or through any form of communication, verbal or otherwise with the Seller or it’s agents.
15.2 Maintenance. Subject to clause 6., the upkeep of the Goods is the sole responsibility of the Buyer, unless otherwise arranged. It is essential that a qualified electrician undertakes any electrical repairs. If the Goods are damaged at any point following delivery and acceptance, the Seller offers a full repair service, and a quotation can be supplied following enquiry.
15.3 Installation. The Goods (lighting products) must be installed by a suitably qualified electrician, in accordance with the Buyer’s country’s current wiring and building regulations. It is the Buyer or their agent’s sole responsibility to ensure that all suspension points for any of the Goods, are sufficient to safely hold the specified weight of the Goods, and where appropriate, that a structural engineer be consulted. Fixings for installing the Goods are generally not supplied, although screws for wall lights are included – which should be substituted if not appropriate. Installation is the sole responsibility of the Buyer, or their appointed agents.
15.4 The assembling instructions for the Goods are included in each order when packaged. If the instructions are missing for any reason, the Buyer should contact the Seller for a copy before attempting to assemble the Goods. The Buyer, or it’s agents, is fully responsible for the correct and safe assembling of the Goods, and the Seller has no liability regarding this.
15.5 If the Goods, following installation, are found to be at fault, in accordance with the warranties in clause 6., then the Seller is to be notified immediately. The Buyer will then, if applicable, return the Goods to the Seller at the Seller’s cost and the Seller shall, at its option, and within a reasonable time, repair or replace any Goods that are defective, or refund the price of such defective Goods. If the Goods are damaged at any point following delivery and acceptance (clause8), then the Seller accepts no liability, but may at its own discretion remedy the situation, or quote for repair as in clause 15.2.

16. Return, Exchange & Refund Policy

16.1 As the Goods are bespoke, made to order, then the Seller can only return goods for exchange or refund according to the terms of the warranties in clause 6.
16.2 All pre-ordered commissions are non-returnable as each creation is specially made for the individual customer, each piece is unique and unrepeatable and no two pieces are ever identical.

17. General website terms and conditions

17.1 The JPG Creates website ("our site") www.jpgcreates.co.uk and www.jpgcreates.com are owned and operated by Jordan Pickford-Gray (trading as JPG Creates) of 13 Glenfield Road, Leicester, Leicestershire, LE3 6AT, United Kingdom. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us using the Online Form at www.jpgcreates.co.uk/contact or telephone us on +44 (0)7474372223.
17.2 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
17.3 Ownership of rights. All rights, including copyright, in the JPG Creates website belong to Jordan Pickford-Gray. Any use of the website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on the JPG Creates website for any purpose, without our permission.
17.4 Accuracy of content. We have taken care in the preparation of the content of our website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, it is the Buyer’s responsibility to confirm with Jordan Pickford-Gray the description of the goods or their prices as advertised on the JPG Creates website, as these may change at any time without notice. Any weights, dimensions and capacities given about the goods are approximate only.
17.5 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
17.6 Damage to your computer or data loss. We try to ensure that the JPG Creates website is free from viruses or defects. However, we cannot guarantee that your use of our website or any websites accessible through it will not cause damage to your computer or data loss. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment or data as a result of using the JPG Creates website.
17.7 Changes to legal notices. We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
17.8 Law, jurisdiction and language. JPG Creates website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
17.9 Your use of JPG Creates website constitutes acceptance of these Terms and Conditions, and you acknowledge and agree to be bound by the terms of our Privacy Policy.

18. General

18.1 Notices.

18.2 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18.3 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way without prior agreement.
18.4 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms. 18.5 This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral. 18.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller.
18.7 Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England andWales.
18.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

Thank you for taking the time to read our Terms and Conditions.