TERMS AND CONDITIONS
This website is owned and operated by Lena Blonsky who may be referred to as the “Seller”, “we”, “our” and “her” in this Terms and Conditions statement. By using this website you agree to the Terms and Conditions of this website at “www.lenablonsky.com”, which is set out on this page.
These terms and conditions shall apply to all contracts for the sale of goods and services by Lena Blonsky to the Client to the exclusion of all other Terms and Conditions including any Terms and Conditions which the Client may purport to apply under any purchase order, confirmation of order or similar document. Any variation to these Conditions (including any special Terms and Conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Lena Blonsky reserves the right to alter or renew the present Terms and Conditions, as well as alter, suspend or discontinue any aspect of her website or the content or services available through it, including your access to it. Unless explicity stated, any new features including new content and/or the sale of new products and/or services shall be subject to these terms and conditions. Lena Blonsky is responsible for informing the Client of any such changes as mentioned here above, and the Client is obliged to check for any changes that may have been made.
Copyright and other rights
All materials, including images, logos, illustrations, designs, site layout, photographs, written and other text or script that are part of this site together with all software compilations, underlying source code and software in the site are protected by copyright, trade mark, design right, and/or other worldwide intellectual property rights and are owned or controlled by or licensed to Lena Blonsky. All rights reserved.
Any other logos and signs displayed on the Seller’s website that belong to third parties are the sole property of their rightful owners and fall into their realm of responsibility.
The contents of the site and the site as a whole are intended solely for personal, non-commercial use. You may download or make a single copy of the contents and other downloadable materials displayed on the site for the sole purpose of placing an order with Lena Blonsky or using the site as a shopping resource. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents, the site, or any related software without our express prior written permission.
Using our website
When using this website you agree to be legally bound by these terms and conditions as they may be modified and posted to our website from time to time. Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website. You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details.
Website
Lena Blonsky has made every effort to ensure that the information available on the website at any time is accurate. However, Lena Blonsky will not be held liable for any errors or omissions.
The actual colours you see will depend on your display, we cannot guarantee that your display of any colour will accurately reflect the colour of the product on delivery.
All drawings, photographs, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods. Because the Seller’s goods are made from natural materials, exact replication of a specification cannot be guaranteed. Due to the hand knotted nature of the goods, all items are unique and may differ from the sample shown (including but not limited to colour and size).
Due to the natural materials used in producing the goods, piling, snagging, shedding and indentation may occur.
The Seller shall not be held liable for such occurrence. Whilst every effort will be made to maintain and match high standards of production, reasonable allowance must be made for any superficial difference in the finish and appearance. The Seller shall not be liable for any adverse effect resulting from the application to the goods of any treatment or cleaning process.
Delivery
Where specific delivery dates have been agreed, the Seller will make every effort to honour them. However, the availability of the right materials can be beyond the Seller’s control and therefore time is not of the essence in a contract. The costs incurred in delivering the goods to the Client’s address will be passed on to the Client at a price to be agreed between the parties prior to delivery. The average lead time from ordering the goods to delivery is 16 to 20 weeks.
Prices
The price shall be as stipulated in the quotation of the Seller which is inclusive of VAT, unless otherwise stated. The Seller will honour any quotation for the fee if accepted within 30 days of such date of preparation (provided the Seller has not previously withdrawn it).
An order will be accepted and work scheduled upon receipt of the correct 50% (non returnable) deposit and the signed quotation accepting these Terms and Conditions. Note that no work will commence until the correct deposit is received by way of cleared funds. Payment of the full price must be made to the Seller by cleared funds to reach the Seller 5 days prior to the delivery of the goods.
Payment
The Seller accepts payment through paypal, cheque or bank deposit/transfer.
Title and Risk
Goods delivered shall be at the Client’s risk from the time they are delivered. Property in goods delivered shall not pass to the Client until the Client has paid all sums due to the Seller
(a) in respect of the goods; and
(b) on any other account
Until property in the goods passes to the Client the Client shall hold them as bailee for the Seller and shall store them in such a way that they remain identifiable as the Seller’s property.
The Client’s right to possession of goods supplied by the Seller shall terminate if the Client is declared bankrupt or makes any proposal to his creditors for any composition or voluntary arrangement or, if the Client is a company, an Administrator, Administrative Receiver or Liquidator is appointed in respect of its business. The Client hereby grants the Seller, its agents and employees, an irrevocable licence at any time to enter any premises where the goods are stored in order to inspect them, or, where the Client’s right to possession is terminated, recover them.
Acceptance of the Goods
The Client shall be deemed to have accepted the goods 24 hours after delivery to the Client.
After acceptance, the Client shall not be entitled to reject goods which are not in accordance with the contract.
Remedies of Client
Where the Client accepts or has been deemed to have accepted any goods, then the Seller shall have no liabilities whatever to the Client in respect of those goods.
Third Party Liability
The Seller shall be under no liability in respect of any damage or loss to third parties caused either directly or indirectly by the performance of any contract or goods supplied and the Client at all times indemnifies the Seller against such loss or damage.
Limitation of Liability
The Seller will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to the Client for any loss, costs or expenses arising directly or indirectly from any delays in doing so and the Seller will not be deemed to be in breach of this contract by reason of any delay in performing, or failure to perform, any of its obligations in relation to this contract, if the delay or failure was due to any cause beyond the Seller’s reasonable control.
Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond the Seller’s reasonable control:
- (a) Act of God, explosion, flood tempest, fire or accident;
- (b) War or threat of war, sabotage, civil disturbance or requisition;
- (c) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- (d) Import or export regulations or embargoes;
- (e) Strikes, lock outs or other industrial actions or trade disputes;
- (f) Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- (g) Power failure or breakdown in machinery.
If the Seller is prevented from carrying out its obligations in the above circumstances, the Client will be notified in writing and if the Seller is still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the contract. If the contract is cancelled in this way the Seller accepts no liability to compensate the Client for any loss or damage caused by failure to perform.
Except where the Client is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 section 12) the Seller does not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
Except in respect of death or personal injury caused by the Seller’s negligence, the Seller will not be liable to the Client for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.