Terms & Conditions
Please read these terms and conditions carefully before ordering any Products from our site. You (The Customer) should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
No order submitted by the Customer shall be deemed to be accepted by Emma Jayne Handmade until the Goods have been dispatched by Home-Is and a dispatch note issued via email to the Customer and payment has been made by the Customer in full for the required goods.
The Customer shall be responsible for ensuring the accuracy of any order submitted on the company’s website with special attention to delivery address, payment and purchased goods.
The price due for an item will be that which was displayed at the time of an order being made. Prices are liable to change at any time, but changes will not affect orders whereby an order confirmation has already been sent.
Unless otherwise stated, all prices are inclusive of relevant taxes.
ORDERING & PAYMENT
Orders can be placed online by following the website procedure only. Home-is Designs are unable to take orders via telephone, email, text, Facebook message or other means. Acceptance of an order is provided to the customer by an email from Home-Is. We accept payment by credit or debit card through the online secure Paypal service. Customers can also choose to pay by cheque, all options are made clear during the `Checkout` process. If payment is made by cheque (made payable to Home-Is), no goods will be dispatched until the funds have been cleared.
Payment will not be deemed to have been received, until it is received in full, and cleared funds. Payment must be received, and not just sent, before any contract exists between us and you.
All Goods will remain the property of Home-Is until the goods are paid for in full. If your cardholder declines payment, whether before or after dispatch of the product to you, we will treat the order as being cancelled. Home-Is reserves the right to use images of any of the products for marketing purposes.
DELIVERY & PRODUCT RETURNS
For delivery within mainland UK (excl. Scottish Highlands), the following prices apply:
House including blocks £5.50 First class signed for – UK and BFPO
Blocks £3.00 – First class
If you live outside of mainland UK or BPFO, delivery will cost more – please contact us for a quote
Delivery Timescales: -As each product is handmade to order, please allow the stated production time, on the product page, to receive your item/s. The production time gives you an indication of the maximum time it could take, however we are usually well within this time frame. This is is typically 6 weeks.
It is the sole responsibility of the customer to ensure that someone is available to take delivery and Home-Is cannot be held responsible for any late, lost or unforeseeable event caused by a delivery date not being met. You shall be deemed to have accepted the goods after receiving delivery. It is your responsibility to check the delivery before signing for it and we cannot refund any damaged deliveries that have not been logged by the courier firm at the point of delivery.
Please note that Home-Is does not charge customs duties on international shipments outside of the EU. If any additional customs charges are incurred during your shipment, they are not calculated or monitored by us nor are they the responsibility of Home-Is. We recommend that you check with your local customs officials or post centre for more information regarding importation taxes/duties that may be applicable to your online order with us.
If customs fees are payable, and you refuse to pay them, your order will be returned to us and we will be charged the customs fees plus return shipping costs. In such a case we will deduct any charges incurred, customs fees and shipping costs before a refund is issued.
We regret that we cannot offer refunds for bespoke designs. Where an error is made by Home-Is, the consumer will be offered a refund or a replacement. Once the order has been placed by the consumer, it will be deemed to be correct and cannot be amended.
All website design, text, graphic and designs of the products within the site are under strict copyright of Home-Is Designs. You may not modify or replicate any item in any way without permission.
You are not permitted to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in this website.
Home-Is will endeavour to match any orders for new blocks with those blocks the customer already has on their previous purchase. The consumer accepts that the match of colour and size may differ due to the handmade nature of the product. Storage conditions will have an impact on the paint colour of the previous purchase and the paint match is not likely to be identical due to the natural aging of the product and fading or paint discolouration due to storage conditions in the home of the consumer.
Please note that once you have made your order via the website we will not be able to make any further changes.
LIMITATION OF LIABILITY
Without prejudice to the other provisions in these terms and conditions, these provisions set out our total financial liability to you.
All times given for delivery are estimates only – the maximum lead time will be up to 6 weeks unless otherwise stated on the website. We shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.
If at any time you breech any of the terms and conditions, described or referenced here, and we do not take any action at that time, we still maintain the right to take any required action at a later date, and time.
We reserve the right to unilaterally vary these terms and conditions from time to time. You should check and read the terms and conditions for any updates and/or amendments before placing any order with us. If you do not agree to any of the terms and conditions at any time you should not place any order with us.
Gift vouchers cannot be used or redeemed anywhere except online via the Home-Is website.
Gift vouchers cannot be used or redeemed without the authorized claim code, cannot be redeemed for cash, cannot be replaced if they are lost or stolen, cannot be used or redeemed towards previous purchases, cannot be used or redeemed to purchase other gift certificates, cannot be resold, and are not refundable. No cash alternative is available.
Only one certificate code can be used per transaction. If you have more than one code you may place separate orders. Any purchase exceeding the value of a gift certificate code requires the use of a valid credit card to complete the transaction.
Any Home-Is gift voucher will expire after 12 months from the date of its purchase. At the end of that period any unused balance on the card will be forfeited.
Home-Is Designs shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Home-Is’s obligations in relation to the Goods, where the delay or failure was due to any cause beyond our reasonable control and without prejudice to the generality of the foregoing the following shall be regarded (without limitation) as causes beyond Home-Is Designs reasonable control:
acts of God, explosion, flood, tempest, fire or accident;
war or threat of war, sabotage, insurrection, civil disturbance or requisition;
Acts, restrictions, regulations, bye-laws or measures of any kind on the part of any governmental parliamentary or local authority;
import or export regulations or embargoes;
strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
power failure or breakdown in machinery.
INSOLVENCY OF CUSTOMER
This Clause applies if:
the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
an encumbrancer takes possession, or a receiver is appointed over any of the property or assets of the Customer; or
the Customer ceases or threatens to cease to carry on business; or
the Company reasonably apprehends that any of the events mentioned above are about to occur in relation to the Customer and notifies the Customer accordingly.
If this Clause applies then without prejudice to any other rights or remedies available to Emma Jayne Handmade, Emma Jayne Handmade shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered and not paid for the price of the Goods in question shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
EXPORT OR IMPORT LICENCES
The Customer shall be responsible for obtaining all licences for the export or import of the Goods and for obtaining any other licences required for the delivery or sale of the Goods in the country of destination.
Governing Law and Jurisdiction
We shall endeavour to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the laws of England and Wales and you and we shall both submit to the exclusive jurisdiction of the courts of England and Wales.