SHOP TERMS & CONDITIONS

1. These terms

1.1  What these terms cover
These are the terms and conditions on which we supply products to you, whether these are goods, services, or digital content. 

1.2 Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 

2.  Information about us and how to contact us

2.1  Who we are
We are Catherine Jordan Graphic Design a sole trader established in England and Wales. Our address is 7 Bell Yard, London WC2 2JR.

2.2  How to contact us
You can contact us by email at info@catherinejordan.co.uk

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, this includes emails.

3. Our contract with you

3.1  How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 

3.2  If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, 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  Your order number
We may assign an order number to your order. If we do, we will tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products and services

4.1  Products may vary slightly from their pictures
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 

4.2  Product packaging may vary
The packaging of the product may vary from that shown in images on our website. 

4.3  Services will either be detailed on the website and/or the scope of the services provided for bespoke shall be agreed in a scope of work during the order process. 

5. Your rights to make changes

If you wish to make a change to the product or services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product or services, 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. 

6. Our rights to make changes

6.1  Minor changes to the products
We may change the products or services: 
(a) to reflect changes in relevant laws and regulatory requirements
(b) to implement minor technical adjustments and improvements, for example to address a security threat. 

6.2  Updates to digital content
We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

7. Providing the products

7.1  Delivery costs
The costs of delivery will be as displayed to you on our website, as shipping costs to different countries may vary.

7.2  When we will provide the products

(a) If the products are goods
If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

(b)  If the products are one-off services
We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.

(c) If the product is a one-off purchase of digital content
We will make the digital content available for download by you as soon as we accept your order.

(d) If the products are ongoing services or a subscription to receive goods or digital content
We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.

7.3  We are not responsible for delays outside our control
If our supply of the products is delayed by an event outside 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 receive a refund for any products you have paid for but not received. 

7.4  If you are not at home when the product is delivered
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the postal provider will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5  If you do not re-arrange delivery
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them 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.

7.6  When you become responsible for the goods
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

7.7  When you own goods
You own a product which is goods once we have received payment in full.

7.8  What will happen if you do not give required information to us
We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 

7.9  Reasons we may suspend the supply of products to you
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes
(b) update the product to reflect changes in relevant laws and regulatory requirements
(c) make changes to the product as requested by you or notified by us to you (see clause 6).

7.10 Your rights if we suspend the supply of products
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days in any three month period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.11 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 14.4) and you still do not make payment within 7 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. We will not suspend the products where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.6).  

8.  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, when you decide to end the contract and whether you are a consumer or business customer:

(a) 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 or a service re-performed or to get some or all of your money back), see clause 12

(b) 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

(c) If you are a consumer and 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 have to pay the costs of return of any goods 

(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.7 or clause 8.8. 

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 (a) to (e) 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. The reasons are:

(a) we have told you about an upcoming material change to the product or these terms which you do not agree to
(b) 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
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control
(d) 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
(e) 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 if you are a consumer (Consumer Contracts Regulations 2013)
If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund

8.4  When consumers do not have a right to change their minds
Your right as a consumer to change your mind does not apply in respect of:

(a) bespoke products which have been tailored to your requirements
(b) digital products after you have started to download or stream these
(c) services, once these have been completed, even if the cancellation period is still running 
(d) any products which become mixed inseparably with other items after their delivery.

8.5  How long do consumers have to change their minds?
 If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

(a)  Have you bought services? 
If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

(b) Have you bought digital content for download or streaming? 
If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

(c) Have you bought goods?  
If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:

(i)  Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.

(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

8.6  Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the contract with us

9.1 Tell us you want to end the contract
To end the contract with us, please let us know by emailing info@catherinejordan.co.uk.

9.2  Returning products after ending the contract
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at: 7 Bell Yard, London WC2 2JR. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. 

9.3  When we will pay the costs of return
We will pay the costs of return:
(a) if the products are faulty or misdescribed
(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; or
(c) in all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.   

9.4  How we will refund you
If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5  When we may make deduction from refunds if you are a consumer exercising your right to change your mind
If you are exercising your right to change your mind: 

(a) 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.6  When your refund will be made
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then: 

(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

10. 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:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due
(b) 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  or service
(c) you do not, within a reasonable time, allow us to deliver the products
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.

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 we will incur as a result of your breaking the contract.

11. If there is a problem with the product

11.1 How to tell us about problems
If you have any questions or complaints about the product, please contact us. You can write to us at info@catherinejordan.co.uk. 

11.2 Your rights in respect of defective products if you are a consumer
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. 

11.3 Your obligation to return rejected products
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us.

12. Your rights in respect of defective products if you are a business

12.1 If you are a business customer we warrant that on delivery any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification
(b) be free from material defects in design, material and workmanship

12.2 Subject to clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full. 

12.3  We will not be liable for a product's failure to comply with the warranty in clause 13.1 if: 
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a)
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

12.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.

12.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.

13. Price and payment

13.1 Where to find the price for the product or service
The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order. 

13.2  We will pass on changes in the rate of VAT
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.

13.3 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

13.4 When you must pay and how you must pay
We accept payment via credit and debit cards as well as PayPal. When you must pay depends on what product you are buying:

(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. 

(b) For digital content, you must pay for the products before you download them.

(c) For services purchased on the website, you pay 100% of the price of the services before we start providing them.

(d) For bespoke services, you must make an advance payment of 50% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay the final invoice before we send the final files to you. 

13.5 Our right of set-off if you are a business customer
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

13.6  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 the Bank of England 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. 

13.7 What to do if you think an invoice is wrong
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14. Our responsibility for loss or damage suffered by you if you are a consumer

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 198.7

14.3 When we are liable for damage caused by defective digital content
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14.4 We are not liable for business losses
If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.

15. How we may use your personal information

15.1  How we will use your personal information
We will only use your personal information as set out in our Privacy Policy.

16. Other important terms

16.1  We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

16.2  You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.3  Nobody else has any rights under this contract (except someone you pass your guarantee on to)
This contract is between you and us. No other person shall have any rights to enforce any of its terms. 

16.4  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.

16.5  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.

16.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

16.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.