terms & conditions
ABI LEWIS DESIGN TERMS AND CONDITIONS - Please read all these terms and conditions
1.1 These terms and conditions will apply to the provision of services to you (the Customer and/or the Hirer), and ourselves, (the Supplier) Abi Lewis, trading as Abi Lewis Design, of Ty Melyn, Newtown Road, Hook, Haverfordwest, Pembrokeshire, SA624NB
1.2 ‘Fee’ means the fee which you agree to pay for the supply of the Services, by us, on these terms and conditions;
1.3‘we’, ‘us’ or ‘our’ is a reference to Abi Lewis Design (as defined above);
1.4 ‘you’ or ‘your’ is a reference to you, the Customer, to whom we are supplying goods and/or services and who is required to pay for the goods and/or services which we supply to you;
1.5 ‘Order’ means a written agreement from you to confirm that you would like to go ahead with the estimate provided, which you can request a copy of by calling us on 07776067561, emailing us on email@example.com
1.6‘Parties’ is a reference to both us and you;
1.7 ‘Premises’ means the place where we will provide the Services; and
1.8 ‘Services’ means the goods and/or services, including advice or assistance, opinions, and recommendations, which you wish to obtain from us. The precise Services which we will be providing to you will be stated in your Order with such additions or amendments we and you may agree from time to time.
2. Contact Details
2.1 Our contact details are: Mobile: 07776067561; Email: firstname.lastname@example.org; postal address: Ty Melyn, Newtown Road, Hook, Haverfordwest, Pembrokeshire, SA624NB
2.2 All estimates given by, and contracts made with, Abi Lewis Design, are subject to these terms and conditions. By accepting an estimate and confirming an order with us you agree to be bound by these terms and conditions.
3. Entering into a legally binding contract
3.1 A contract between you and us will come into being when we notify you that we have received and accepted your order by issuing an invoice
3.2 We suggest that before you place an order with us, that you read through these terms and conditions. If you have any questions concerning them please ask us.
3.3 You should keep a copy of these terms and conditions for your records.
4. Making an order
4.1 When you place an Order in writing you are making an offer to buy the Services which you have specified in that Order at the price stated for them by us. At this stage there is not a binding contract between you and us.
4.2 When we have received your Order, if we accept your Order, we will acknowledge and confirm that by issuing an invoice which we will send to you by email. The invoicewill provide details of what you have ordered, the price that will be charged, as well as other information about the progress of your Order and delivery information. At this stage there will then be a binding contract between you and us.
4.3 Our invoice will only cover the Services mentioned in it. If you wish to add to your Order please contact us again to discuss.
5.1 Estimate are valid for 30 days. Please note that we only provide estimates prior to issuing an Order Acceptance and not quotations or binding indications of how much we will charge.
5.2 An estimate for the cost of your stationery and any other items will be sent to you after your initial enquiry, this is a guide price as you may make changes closer to the date the items are required, in terms of type of design and quantity. Please note that we must have at least 14 days notice of any changes.
5.3 As we provide an estimate we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
(a) what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services and as stated in the estimate; or (b) because the printing costs have increased; or (c) when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.
5.4Where the amount of work involved is greater than that stated in an estimate the following will happen; we will not continue performing the Services and we will seek your approval to the extra amount that you will need to pay, unless it is not possible to contact you within a reasonable time or it is not safe not to carry out and finish performing the Services (for example, if Premises may be left in a dangerous condition or unprotected from theft if the Services are not completed)
6.1 We aim to carry out the Services by the dates and times we either agree with you or notify to you. If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either choose either to continue to wait until we can start performing the Services or complete performing them or you can cancel the contract.
6.2 Where we have started performing the Services and you decide you wish to cancel the contract you will have to pay for any Services we have performed up to the date of cancellation and for any materials or items which we have a legal obligation to pay for.
6.3 What is a reasonable period of time depends on the types of Services we will be performing and the length of time they will take to perform.
7. Booking Fee And Other Payments
7.1A £25 Booking Fee is required to secure your Order. If you decide to cancel your Order (otherwise than within 14 days and in accordance with clauses 15.1 and 15.2 below) this Booking Fee is non-refundable.
7.2 If, after the expiry of the 14-day period mentioned, you decide to postpone the date of the event for which you have made your Order we will hold your Booking Fee for up to six months (6 months) until your event goes ahead, or if it is not possible for us to perform the Services on the new date chosen by you or if the new date chosen by you is longer than six months (6 months) ahead then your Booking Fee will be forfeited.
7.3 The Booking Fee will be subtracted from the agreed Fee and this subtraction will be acknowledged on your final invoice.
7.4We will not issue an Order Acceptance and reserve the date until the Booking Fee has been paid.
7.5 Once the Booking Fee has been paid the prices, dates and artwork are secure except as otherwise provided in these terms and conditions. As booking fees/invoices are paid after agreement of artwork, any spelling errors/grammar errors and artwork changes are subject to client. (Any reprints will be charged accordingly)
7.6 Payment is accepted by direct payment via internet banking. For other payment methods, please contact us.
8. Delivery & Set Up
8.1 If delivery is out of the local area of our address, a delivery charge will be added to any estimate which we have given you.
8.2 Upon delivery of items, you will be required to check your order and any other goods ordered and you will be required to sign to agree you are happy with them and that the quantities are correct. Any queries must be raised within 30 minutes of delivery by telephoning 077776067561
9.1Abi Lewis Design reserves the right to take photographs of stationery prior to the commencement of the event for which they were ordered. You acknowledge and agree that we own the copyright to such photographs and may freely use them for marketing, illustrative and promotional purposes. We will, of course, not use these until the wedding has passed.
13. Late payment
13.1If you fail to make payment by the date or time which we and you have agreed you should do, we may:
(a) charge you interest at Bank of England’s base interest rate plus three (3)% on any outstanding amounts if those outstanding amounts remain unpaid for more than fifteen (15) days from the date of our invoice or when we asked you first to pay them; and/or
(b) if the amounts not paid represent more than ten (10) % of the total value of the Services we are to perform for you, and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.
13.2 You agree that you will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a reasonable and proportionate amount of any amount due.
14. Exclusion and limitation of liability
14.1 We do not exclude or limit liability for our negligence or negligent omission which causes personal injury or results in death but otherwise, to the fullest extent allowed by law, Abi Lewis Design excludes all other liability and accepts no liability for injury, loss or damage to you, or any third party, in respect of the provision of the Services or of any equipment hired from us for use at an event, including (without prejudice to the generality of the foregoing) we exclude all indirect and consequential loss, loss of profits, loss of sales or business, loss of anticipated savings, loss of or damage to goodwill, loss of or damage to reputation.
14.2 To the extent that we may legally do so we limit our liability under the contract to the amount of the Fees.
14.3You must observe and comply with all applicable regulations and legislation, including these terms and conditions and the policies set out on our website.
14.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable law which are rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
15.1 Once we and you enter into a binding contract you will not normally be able to cancel the contract, except in accordance with your statutory rights, or as we agree, or as otherwise provided for in these terms and conditions.
15.2 Once your Order has been accepted by us, if, for any reason, you wish to change or cancel your Order you must advise us straight away. It is at our sole discretion if we allow you to cancel.
15.3 If you wish to cancel please notify us as soon as possible by messaging on Facebook or Email: email@example.com.
15.4On cancellation you will be responsible for the cost of :
(a)any of our time in performing the Services up to the date we stop providing the Services;
(b)any goods or other materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled).
15.5 If we agree to allow you to cancel outside of the 14 day period mentioned in clause 15.2 any Booking Fee already paid by you will not be refundable.
(a) purport to cancel the contract; or
(b) give notice purporting to cancel; or
(c) otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract,
we do not have to accept your cancellation except as provided in for in these terms and conditions. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered.
16 Amendments to the contract terms and conditions
16.1We will have the right to amend the terms and conditions of this contract where:
(a)we need to do so in order to comply with changes in the law or for regulatory reasons; or
(b)we are changing the rates we charge for the provision of Services as provided for in clause 5; or
(c) we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
16.2 Where we are making any amendment we will give you ten (10) days’ prior notice (unless the contract is terminated before that period).
18. Contracts (Rights of Third Parties) Act 1999
18.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
19.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
20. Law and jurisdiction
20.1 This contract shall be governed and construed by the law of Wales and you and we agree to submit to the jurisdiction of the courts of England and Wales.