TERMS AND CONDITIONS
Terms and conditions (T&Cs) at Andrew Kay Sculpture including details on postage, payment and what to do if you find a fault with your product.
The agreement between us and you consists of the Order Form and these Terms and Conditions (collectively the agreement).
- THESE TERMS
1.1 What these terms cover. These are the Terms and Conditions that govern your purchase of Andrew Kay Sculpture Ltd products. They apply to the exclusion of any other terms (including any discussed with you via email, telephone, at our workshop in Cumbria or in person, or which you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing). These terms shall govern and be incorporated into every provision of products by us to you.
1.2 Why you should read them. Please read these terms carefully before you submit an order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions about these terms, please contact us to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Andrew Kay Sculpture Ltd a company registered in England and Wales. Our company registration number is 08869240 and our registered office and our workshop is at Beckside Barn, Beck Lane, Lupton, Carnforth, LA6 2QG.
2.2 How to contact us. You can contact us by telephoning our customer service team on +44 (0)15242 71575 or by writing to us at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms and Conditions, this includes emails.
- OUR CONTRACT WITH YOU
3.1 How we will accept your order.
3.1.1 Bespoke Products are those products which are produced to your specifications including any product produced with a fabric chosen by you, or otherwise produced to your specification in any way. To place an order for Bespoke Products you will need to email us at (firstname.lastname@example.org) attaching or setting out your requested specifications. We will confirm acceptance of such choice to you in person by either countersigning an order form or sending to you an email confirming the specifications, measurements or designs and confirming acceptance of the order. At that point a contract will come into existence on the terms of this agreement and to the exclusion of any prior correspondence or meeting between us to discuss the bespoke products.
If we are confirming your order by email it may be an iterative process and only when you receive an email accepting your order will a contract come into existence.
3.1.2 Products in the Collection are our standard products which can either be viewed in our workshop or on our website at www.andrewkaysculpture.co.uk or which may have been shown to you at an event or other in person meeting. Our acceptance of your order will take place and a contract will come into existence for the purchase of a product from our Collection on our sending to you an email confirming our acceptance of your order, or if you are ordering in person at our workshop, when payment is taken at the till.
3.2 If we cannot accept your order. If we are unable to accept or fulfil your order, we will inform you of this in writing or via telephone and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, unavailability of stock or raw materials, because the specification, design, measurements you have provided infringes a third party intellectual property right, because the design is not achievable and you do not make or agree to our making any reasonable modifications suggested by us, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Lead Times. Almost all of our products are made to order and information about availability and lead times are available on our website.
- OUR PRODUCTS
4.1 All our products are crafted by hand at our workshop in Cumbria. As all of our products are handmade, there will be slight variations from product-to-product.
4.2 Collection products may vary slightly from their pictures. The images of the products in our Collection on our website or in other materials are for illustrative purposes only. We will use reasonable efforts to depict accurately the products in our Collection but they are by their nature unique and are handmade so sizes, weights, colours, materials, capacities, dimensions and measurements indicated on our website or other materials may vary to the product that you receive.
4.3 Bespoke Products.
4.3.1 Make sure your measurements are accurate. If we are making a Bespoke Product to measurements, sketches and/or designs you have given to us and/or using materials or swatches identified by you then it is your responsibility to ensure that these are correct.
4.3.2 If you wish to have Bespoke Products provided to you, then you accept that we have no liability for errors or defaults in Bespoke Products which are caused by the provision to us of erroneous specifications.
4.3.3 The design of all of our products is unique to us. If you supply to us any sketches, designs or drawings or other contribution to Bespoke Products (Contribution), you grant to us an exclusive, perpetual, irremovable royalty-free licence to any intellectual property rights that may subsist in the Contribution. As the Contribution will be incorporated into one of our products we need to know that any Contribution is original and will not infringe the rights of any third party. To protect us from any losses, damages, costs and expenses that we may suffer or incur you agree to indemnify us if any Contribution infringes the intellectual property rights or other proprietary rights of any person. Please don’t copy or steal other people’s designs when providing us with your “requirement” as we will be unable to lawfully make it and you will bear the responsibility for any consequences suffered by us.
4.3.4 We will make any Bespoke Products to your specifications and really hope our Bespoke Products meet your expectations. However, we shall not be liable to you in respect of any actual or alleged defect in or dissatisfaction with any Bespoke Product that arises directly or indirectly from your choice of any specification, design, material or any other requirement.
- YOUR RIGHTS TO MAKE CHANGES
Once we have accepted your order for a Bespoke Product you will no longer be able to make any changes to it. However, if you have made a mistake in your order for a Bespoke Product, and provided we have not commenced production of the product, we will try our best to accommodate any reasonable changes at our sole discretion. If it is possible we will let you know about any changes to the price of the Bespoke Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change (for example if production has already commenced) or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8- Your rights to end the contract).
- OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change any product to implement minor technical adjustments or as a result of unavailability of raw materials. We will try to minimise the impact of these changes. These changes will not affect your use of the product. These unavoidable changes do not give to you any right to cancel any contract or reject any product.
- PROVIDING THE PRODUCTS
7.1 Delivery costs. The majority of our products are delivered to consumers free within the UK mainland (which excludes the Highlands and Islands) as advertised on our website. For orders for delivery outside the UK we will provide you with a fixed shipping cost. This does not include import charges, customs clearance or duty. You are responsible for these charges and your products may be held in customs until full payment has been received. If you purchased your product from our workshop, via telephone or via email we will provide you with a fixed shipping quote when you are placing the order. Until all delivery costs are paid we cannot dispatch the products.
7.2 Please check before purchase that an item can be delivered into the space you wish. This includes checking hallways and door frames throughout the property. If an item cannot be delivered it will be returned to our warehouse and a delivery return fee of up to £500 (depending on the size and delicate nature of the product in question) will be charged.
7.3 When we will provide the products.
Products from our Collection
7.3.1 Small Studio sculpture pieces (eg Winter Pheasant). The majority of our small studio pieces are sent using 24/48 hour, signed for next day delivery. As soon as the order is dispatched from our workshop the contact person and number you have supplied will be contacted by our delivery provider via email or SMS. Our delivery provider will send you a tracking number. If you are unable to take delivery on the day it is your responsibility to liaise with the delivery provider to re-arrange delivery. We cannot be held liable for the non-delivery of products if our delivery provider attempts to deliver the products and you are not available (please see “if you do not re-arrange delivery section” for more information).
7.3.2 Large Studio sculpture (eg Deer) and multiple orders. If your product is a large or sculpture or a multiple order, or if your order is particularly delicate it will be delivered to you on a pallet. International consignments outside the European zone are usually sent in heat treated wooden shipping crates. Before the order is dispatched a member of our customer service team will contact you either via email or telephone (to the email address or contact number provided) to confirm the date of delivery. If requested, we will contact you on the day of delivery to give you an estimated time slot. If you are not in on the day of delivery and our delivery team are unable to deliver your order we may charge you the costs of the failed delivery and the cost of re-delivery. If you order products from our Collection which show different lead times we may be able to dispatch part of the order for an additional charge.
7.4 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.5 For Bespoke Products we will notify you of the estimated delivery date when we start making or customising the product in our workshop. The estimated completion date for the product will be notified to you during the order process. Given the bespoke nature of the products, you have agreed that any such date shall be an estimate and time shall not be of the essence to this agreement. If you need a Bespoke Product by a particular date then you must notify us and we and you must agree it as a specific exception.
7.6 We are not responsible for delays outside our control. If our supply of any products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and, except for Bespoke Products for which production has commenced, receive a refund for any products in the Collection you have paid for but not received. As Bespoke Products are made to your order we cannot agree to issue any refund but may be able to give to you a (partial) refund if we can resell the item within a reasonable period and to the extent we are able to recover the sale price.
7.7 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from the delivery provider’s depot or our workshop.
7.8 When you own goods. You own a product once we have received payment in full.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.9.1 deal with technical problems or make minor technical changes;
7.9.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.9.3 make changes to the product as requested by you or notified by us to you (see Clauses 5 and 6).
7.10 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 12.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 12.5).
- YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced), see Clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
8.1.3 If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will need to contact us to arrange the return of any goods;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see Clause 10.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 8.2.1 – 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation in the form set out in Clause 9. The reasons are:
8.2.1 we have told you about an upcoming important change to the product or these terms which you do not agree to (see Clause 6);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control (other than for Bespoke Products – see Clause 7.5 above);
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online or from a distance (such as via email or over the telephone) you have a legal right to change your mind within 14 days and receive a refund. However, for peace of mind we will allow you the ability to cancel your order at any time before the product is dispatched or ask to return the product within 14 days of delivery (this does not apply to Bespoke Products – see clause 8.4 below). These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of any Bespoke Product.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
8.5.1 Have you bought a product from our Studio Collection, if so you have 14 days after the product is delivered to change your mind.
8.5.2 Have you bought Bespoke Products, if so you do not have a right to change your mind as the products have been manufactured to the specifications chosen by you.
- HOW TO END THE CONTRACT WITH US
This clause 9 only applies for products that are not Bespoke Products or ordered in the workshop or face to face.
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on +44 (0)15242 71575 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Write to us and post your letter to us at the address as at clause 2.1 including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract in accordance with clause 8.5.1 you must notify us within 14 days from the date received and arrange for a return of the products. If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. Just let us know a convenient day to pick it up from you. We will then contact one of our courier companies and arrange the pick-up.
9.3 Products you are seeking to return should be unused, returned in their original packaging and in a fully resalable condition and cannot have been installed
9.4 For returns outside of mainland UK, we cannot accept returns for international orders. Please contact us by email at firstname.lastname@example.org or on +44 15242 71575 for more information.
9.5 It is your responsibility to ensure that the products received by us are in a new and undamaged condition. If we receive damaged products back to our workshop as a result of poor or inadequate packaging we have the right to refuse a refund or to discount the costs of repair or damage to the saleability. Call customer services on +44 (0)15242 71575 or email us at email@example.com for more information.
9.6 Other circumstances when we will pay the costs of return. We will pay the costs of return:
(a) if any product is faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
9.7 How we will refund you. If you decide you do not want a replacement product we will refund you the price you paid for the products, by the method you used for payment. Our customer service team will contact you to arrange a convenient date to collect the product. Please ensure that you adequately protect the product for its return journey back to our workshop in accordance with clause 9.3. However, we may make deductions from the price, as described below.
9.8 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. Other than this, for Products that are not Bespoke Products we will not make any deductions when you return them or charge you for postage.
9.9 When your refund will be made. We will make any refunds due to you as soon as possible and in any event within 14 days of receipt of the product.
- OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, sign off of any designs, measurements or specifications for a Bespoke Product; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs and expenses we have and will incur as a result of your breaking the contract.
- IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 We take pride in all our goods being made to high standards but appreciate that occasionally we do make mistakes. We are confident that our products will stand the test of time and offer a two-year guarantee against breakdown through normal use, defective workmanship and materials. This means that if your item develops a fault during the guarantee period, we’ll arrange for it to be repaired or replaced free of charge, including all parts and labour. Our guarantee will not apply to Products that are not used in the correct conditions or locations, or if the applicable care guidelines have not been followed.
11.2 We are not liable to cover accidental damage – for example if your item has been dropped or dragged. You may find that this type of damage is covered by your household contents insurance policy.
11.3 Some of our sculpture is specified for indoor use only and should be used in ambient conditions and not subjected to damp as otherwise they may rust or tarnish. Andrew Kay Sculpture Ltd also accepts no responsibility for variations in pattern, colour, texture or dimensions inherent in those materials or for any subsequent deformation, splitting, crazing, discolouration or other defects caused by extremes of temperature, humidity, dampness or light.
11.4 You may have seen certain indoor products photographed or used in outdoor locations. This does not mean they are suitable for outdoor use. Please check the product description and specifications carefully before you buy them.
11.5 Please also be aware that mild steel is a material which will form a patina of rust the colour will mature over time, this is part of the natural beauty of the material and will not be considered a defect.
11.6 How to tell us about problems. Quality control procedures are in place to ensure all products sold are of consistent, high quality, however if you receive a product that you deem to be substandard please contact us. On receiving the order, please check all items to ensure that any issues or breakages are reported to us within 48 hours. If you have any questions or complaints about the product, please contact us. You can telephone our Customer Service team at +44 (0)15242 71575 or write to us at firstname.lastname@example.org or Beckside Barn, Beck Lane, Lupton, Carnforth, LA6 2QG.
11.7 Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice websites www.adviceguide.org.uk or call 03454 040506. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund or a replacement;
(b) up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases;
(c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back,
see also Clause 8.3.
11.8 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must notify us by contacting our customer services department via email at email@example.com or via telephone on +44 (0)15242 71575 to arrange a return. You will be responsible for paying the costs of collection.
- PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes GB Value Added Tax) will be the price indicated on the website or communicated to you via email or orally when you placed your order and will be in Pounds Sterling. It is a condition of this agreement that you shall pay for the products at the time of placing your order.
12.2 We will pass on changes in the rate of VAT. All prices include VAT and delivery charges to the UK mainland. This does not apply if products are to be sent outside the UK mainland or outside the European Union. Despatch costs are dependent upon the size, weight and destination of the parcel as well as the speed of delivery required. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 For any Products ordered via our website and the price advertised is obviously incorrect (for example due to a technical error or a nominal price is advertised) we reserve the right to reject your order.
12.5 When you must pay and how you must pay. We accept payment via bank transfer and accept most major credit cards and debit cards or online via our payment partners Sagepay and PayPal.
12.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 6% a year above the base lending rate of Barclay’s Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.7 What to do if you think any information in the Order Form is wrong. When you place an order you will be sent confirmation via email. It is your responsibility to ensure all details are correct during the order process and are accountable should there be any errors in the information you have provided. If you think any information in the order confirmation is wrong please contact us promptly to let us know by email at firstname.lastname@example.org or via telephone +44 (0)15242 71575.
13.1 If you request any repairs to a product we have supplied as a result of fair wear and tear or damage you have caused, we will inspect the product and provide an estimation of costs for such repairs (where possible).
13.2 If you have ordered a Bespoke Product, we cannot guarantee that we are able to replace any elements of the product but shall use reasonable endeavours to propose alternative solutions.
13.3 Any repairs that are not as a result of something where we are at fault shall be paid by you in advance of us undertaking any work. If you fail to make such payment, we are not obliged to start any repair work on the product.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
14.3 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 5 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you and we can bring legal proceedings in respect of the products or any contract between us or non-contractual claims only in the English courts.