You are Purchasing from Equisite Designs Limited who are licenced to produce official Nantwich Jazz & Blues merchandise. Please read these terms and conditions carefully, they contain important information about the Customer’s rights and obligations. These terms and conditions can be printed by clicking on the print icon on the browser.
“the products & services” means the clothing and any other products that may be purchased by the Customer from Exquisite Designs Ltd under these terms and conditions;
“the Customer” means the person using the website and/or registering on the website and/or purchasing the products and services;
“Exquisite Designs Ltd” means Exquisite Designs Ltd/ Global Dance Gear, whose trading address is Suite 9, Birch House, Birch Lane, Walsall, West Midlands, WS9 0NF and whose registered office may be found at Compamies House under company reg. no. 3466253.
1.2 Please read these terms and conditions carefully before using the website operated by Exquisite Designs Ltd. In particular, the Customers attention is drawn to clause 10. By accessing and making use of the Exquisite Designs Ltd website (“this website”) the Customer agrees to be legally bound by these terms and conditions as they may be modified and posted on this website from time to time. These terms and conditions take effect from the date when the Customer first accesses this website.
1.3 If the Customer does not wish to be bound by these terms and conditions in full then he/she may not use this website.
2. NATURE OF THIS WEBSITE
2.1 This website is a place for the Customer to obtain information about Exquisite Designs Ltd and the products and services it provides.
2.2 This website is only available to individuals that can form legally binding contracts under applicable law.
3. PURCHASING THE PRODUCTS & SERVICES FROM THIS WEBSITE
3.1 To order the products & services the Customer will need to follow the ordering procedures set out here. Details of prices are set out on this website and the procedures for the payment and delivery are set out below.
3.2 Any times or dates stated on our website for delivery are estimates only. Exquisite Designs Ltd will make all reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time.
3.3 The Customer must pay by cheque, credit or debit card at the time of the order. The prices of the products & services are the prices in force at the date and time of the order. Exquisite Designs Ltd may change the prices of the products & services before you place an order.
3.4 Exquisite Designs Ltd is entitled to refuse any order placed by you. If your order is accepted, our payment agent will confirm acceptance to the Customer by e-mail to the e-mail address that has been given by the Customer and the contract between the Customer and Exquisite Designs Ltd is then formed. The products & services will be delivered to the postal address provided by the Customer or to an agreed collection point.
3.5 The Customer undertakes that all details provided to Exquisite Designs Ltd for the purpose of purchasing the products & services will be correct, that the credit or debit card used is the Customer’s own and that there are sufficient funds or credit facilities to cover the cost of the purchase. Exquisite Designs reserves the right to obtain validation of the Customer’s credit or debit card details before providing the products & services.
4. RETURNS / REFUNDS
4.1 The Customer may return products within seven (7) working days of delivery for any reason . To do so the Customer must notify us in writing or by email. The Customer will then be entitled to a replacement or refund from Exquisite Designs Ltd in line with our returns policy. The Customer must arrange for and pay the costs of returning the products to Exquisite Designs Ltd. This does not apply to any products which have been subject to customer specific customisation such as graffiti tee shirts or other items.
4.2 Any complaints should be directed to Exquisite Designs Ltd via email at firstname.lastname@example.org or by post at Suite 9, Birch House, Birch Lane, Walsall, West Midlands, WS9 0NF
5. MODIFICATIONS TO WEBSITE
5.1 Exquisite Designs Ltd reserves the right to make changes or corrections, alter or suspend or discontinue any aspect of the website or the content or services available through it, including the Customers access to it.
5.2 Please note that although Exquisite Designs Ltd tries to ensure that the content of the website is accurate it may contain typographical errors or other inaccuracies.
6. INFORMATION PROVIDED BY THE CUSTOMER TO Exquisite Designs Ltd
6.1 The following applies to any information provided by the Customer to Exquisite Designs Ltd:-
6.3 The Customer warrants and undertakes that it will not use this website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If the Customer breaches these terms and conditions then permission to use this website terminates immediately without the necessity of any notice being given. Exquisite Designs Ltd retains the right to deny access to any person who fails to comply with these terms and conditions.
The Customer is solely responsible in all respects for all use of and for protecting the confidentiality of any e-mail verification or other information relating to the Customer’s order of the products & services that may be given. The Customer may not share such information or transfer such information to any third parties. The Customer must notify Exquisite Designs Ltd immediately if he/she becomes aware of any breach of security regarding this website.
8. APPLICABILITY OF ONLINE MATERIALS
8.1 Unless otherwise specified all content and materials published on this website are presented solely for the Customer’s private, personal and non-commercial use.
8.2 This website is controlled and operated by Exquisite Designs Ltd from various offices in England, with the principal point of contact being email@example.com . Where content published on this website is supplied by third parties, the Customer must understand that Exquisite Designs Ltd does not control or endorse such content in any way. Any content which is offered by third parties is published in good faith but Exquisite Designs Ltd does not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content. The Customer assumes total responsibility and risk for use of this website and use of all information contained within it.
8.3 Exquisite Designs Ltd has used its best endeavours to ensure that this website complies with UK laws. However, Exquisite Designs Ltd makes no representations that the materials on this website are appropriate or available for use in locations outside the UK. Those who visit this website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of this website and/or viewing of it, or use of any material or content in this website or services, or products offered through this website are contrary to or infringe any applicable law in the Customer’s jurisdiction(s), the Customer is not authorised to view or use this website and must leave this website immediately.
8.4 Exquisite Designs Ltd makes no representations and gives no warranties, express or implied that making the products & services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the products & services available in your jurisdiction or to the Customer is prohibited, the products & services are not offered for sale to those Customers. The Customer accepts that if you are resident outside the UK, the Customer must satisfy themselves that they are lawfully able to purchase the products & services and view the Content, accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products & services or viewing of the Content by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
9. COPYRIGHT AND MONITORING
9.1 The contents of this website, including all rights vested in the Exquisite Designs Ltd name and logo, and the Content are protected by international copyright laws and other intellectual property rights. The owner of these rights is Exquisite Designs Ltd, its affiliates or other third party licensors or contributors including Partner Companies. All products and logos mentioned in this website are the trade marks, service marks or trading names of their respective owners, including Exquisite Designs Ltd. The Customer may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from this website or contained in the Content including but not limited to text, graphics, video, messages, code and/or software without Exquisite Designs Ltds prior written consent, except where expressly invited to do so.
10. LINKED SITES
Exquisite Designs Ltd makes no representations whatsoever about any other websites which the Customer may access through this website or which may link to this website. When accessing any other website the Customer understands that it is independent from Exquisite Designs Ltd that has no control over the content or availability of that other website. In addition, a link to any other website does not mean that Exquisite Designs Ltd endorses or accepts any responsibility for the content, or the use of, such a website and Exquisite Designs Ltd shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
11. AVAILABILITY OF THIS WEBSITE
Exquisite Designs Ltd will try to make this website available but cannot guarantee that this website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. The Customer must not attempt to interfere with the proper working of this website and, in particular, must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
12.1 Exquisite Designs Ltd promises that for any products & services purchased by the Customer from this website:
Matthew Cooper has the right to sell the products & services to the Customer;
it will correspond to the description given to the Customer; and it will be of satisfactory quality.
Exquisite Designs Ltd will do its best to ensure that all materials and information published on this website are accurate, but please note that all content materials and information on this website are provided on an ‘as is’ basis and the Customer assumes total responsibility and risk for use of this website and use of all information contained within it.
12.2 Subject to clause 12.3 and clause 12.5, Exquisite Designs Ltd accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where the Customer suffers loss or damage arising out of or in connection with the viewing, use of, performance of this website or its contents, subject to clause 12.3, Exquisite Designs Ltd accepts no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Exquisite Designs Ltd or its servants, agents or any other person or entity.
12.3 Any limitation on liability does not apply to any liability Exquisite Designs Ltd may have for death or personal injury resulting from its negligence or for fraudulent misrepresentation.
12.4 The Customer is responsible for ensuring that his/her computer system meets all relevant technical specifications necessary to use this website. The Customer is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy his/her particular requirements.
12.5 The limitations and exclusions in this clause do not affect the Customer’s non-excludable statutory rights and only apply to the extent permitted by applicable law.
13.1 Exquisite Designs Ltd may, but the Customer may not, assign, transfer or subcontract any or all of its rights and obligations under these terms and conditions at any time. Any purported assignment, transfer or subcontracting in contravention of this clause by the Customer shall be ineffective. These terms and conditions are personal to the Customer and are entered into for the benefit of the Customer and not for the benefit of any third party.
13.2 Exquisite Designs Ltd may alter these terms and conditions from time to time and post the new version on this website, following which all use of this website will be governed by that version. The Customer must check the terms and conditions on the website regularly. Exquisite Designs Ltd does not need to give notice of any change to these terms and conditions and the Customer’s continued use of this website shall be deemed to be acceptance of any changes that have been made.
13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
13.5 These terms and conditions and use of this website are governed by English law.
13.6 Except in respect of a payment obligation, neither the Customer nor Exquisite Designs Ltd will be held liable for any failure to perform any obligation to the other due to causes beyond the Customer or Exquisite Designs Ltds’ respective reasonable control.
13.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
13.8 These terms and conditions do not confer any rights on any person or party (other than the Customer and/or Exquisite Designs Ltd) pursuant to the Contracts (Rights of Third Parties) Act 1999.
14.1 All notices shall be given:
to Exquisite Designs Ltd via e-mail at firstname.lastname@example.org by post to Suite 9, Birch House, Birch Lane, Walsall, West Midlands, WS9 0NF
to the Customer at either the e-mail or postal address provided during the order process.
14.2 All notices shall, except where otherwise specifically provided, be in writing in the English language and may be:
sent by e-mail, in which case it shall be deemed to have been served when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt);
if within the United Kingdom, sent by first class pre paid post, in which case it shall be deemed to have been given 3 days after the date of posting; or if from or to any place outside the United Kingdom, sent by pre paid priority airmail, in which case it shall be deemed to have been given seven Business Days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of the website.