Conditions of Sale

By placing business with Jill Clarke Design , you acknowledge and agree to the following conditions of sale. You also confirm that our conditions of sale override any terms & conditions you may have.

Products

1) All products are non-returnable, unless they are faulty or sold under the terms of the Distance Selling Act. Jill Clarke Design may, however, allow returns at their discretion.

2) In the event that a return/cancellation is permitted by Jill Clarke Design, all products must be unused, undamaged and packaged appropriately. The cost of returning the goods and their safe transit is the sole responsibility of the customer. Once the goods have been received in their original condition, Jill Clarke Design will issue a refund within 30 days. No returned goods will be accepted for a Refund without prior consent from Jill Clarke Design.

3) All refunds against a returned or cancelled order will be subject to a 10% restocking fee to cover handling costs and financial charges. All cancellation rights against Bespoke made items end at point of order placement. Refunds against returned or cancelled bespoke items will be subject to a 25% restocking fee in the event that a cancellation or return is permitted.

4) Only product costs will be refunded. Shipping fees, (both for the initial and return despatch), are the customer’s responsibility.

5) As they have no control of the storage and handling of goods on site, site conditions or quality of workmanship, Jill Clarke Design offers no warranty that any Products and/or Services are fit for the buyer’s particular purpose. In all circumstances we strongly recommend you employ the services of and experienced and competent Tradesman.

6) The buyer warrants that they have satisfied themselves that the Products and/or Services they have purchased are suitable for every purpose or use they require and that they have not relied on any skill or judgement by Jill Clarke Design in that regard.

7) As such, customers cannot claim that goods are faulty once they have been used, installed, modified or repaired after delivery. Any claim regarding fault must relate to the condition of goods at time of delivery. For the avoidance of doubt, the installation or use of any product warrants acceptance of them as being in good condition.

8) If a customer believes that they have received goods that were faulty at the time of delivery, they must notify Jill Clarke Design at the earliest opportunity and always within one month. As faults cannot always be detected immediately, this differs from the time limit for reporting transit damage, (see below).

9) Jill Clarke Design must be given the opportunity to inspect any product that has been suggested as faulty and/or be supplied with photographic evidence. Any costs associated with inspecting the goods will be chargeable to the customer if they are deemed to have not been faulty at the time of delivery, including where they have been incorrectly fitted or used with unapproved products.

10) Many of the products supplied by Jill Clarke Design are manufactured using naturally occurring substances and often by hand. As such, they may be subject to variation in many characteristics including colour, size, texture, density, grading and weight. Jill Clarke Design will not consider any such variation as a fault.

11) Samples provided by Jill Clarke Design only provide an indication as to possible characteristics of actual goods supplied. They do not represent any promise or guarantee of finish, quality, colour and grading.

12) In the event that Jill Clarke Design finds that goods were faulty at the time of delivery, they will remedy at their discretion by carrying out repairs, offering a full or partial refund or replacing the faulty goods.

13) In the event that replacements are offered to remedy a fault, Jill Clarke Design will endeavour to supply a like for like product. However, due to their nature, Jill Clarke Design cannot guarantee that replacement goods will be identical in terms of finish, colour, size, texture, density, grading and weight.

14) In the event that a refund is offered to remedy a fault, the total amount returned by Jill Clarke Design shall not exceed the price paid for the faulty goods.

15) In the event of a fault or delay in delivery/production, Jill Clarke Design will not be held liable for any associated incidental work or expenses, loss of profit or revenue or any compensation payable by the buyer to any third party. For the avoidance of doubt, Jill Clarke Design ’s liability will never exceed the total cost of the faulty goods.

Pricing

1) Prices are correct only at time of publishing and are subject to change, whether quoted verbally, in writing or on our website.

2) Quotations are only valid at the time they are given.

3) Prices are only secured by the Buyer once payment has been received or delivery has been made.

Payment & Ownership

1) Unless otherwise agreed or specified, Jill Clarke Design requires full payment for goods before despatch can occur.

2) Where goods are despatched before payment is received and no other agreement has been made, the customer will be considered to be in default two days after the date of delivery.

3) Jill Clarke Design may, at its discretion, agree different payment terms with the buyer. The buyer will be considered to be in default if these terms are not met.

4) 4) If the buyer is deemed to be in default, Jill Clarke Design reserves the right to apply annual interest at a rate of 8% plus the current Bank of England base rate, (calculated daily from the date of default), on overdue balances in accordance with the Late Payment of Commercial Debts (interest) Act 1998 (as amended).

5) Regardless of where they are held, used or stored, Jill Clarke Design reserves the right of full ownership on all products until payment for them is received in full. Until such time, we shall be at full liberty to undertake any of the following courses of action:

– Serve notice in writing that the Buyer must return the goods immediately
– Retake possession of the goods. For this purpose, Jill Clarke Design is granted consent to enter the premises where the goods are reasonably believed to be held without restriction.

6) If returned or retrieved goods are incomplete or damaged, the Buyer will still be liable for the balance to Jill Clarke Design.

7) For the purpose of clarification, transfer of ownership of Products from Jill Clarke Design to the customer only takes place with the occurrence of the last of the following events:

– Payment in full for Products and/or Services supplied, or
– Payment in full for all sums owing where the customer has concurrent orders. In the instance of concurrent orders, Jill Clarke Design reserves the right to retake possession of all goods supplied through the orders.

Force Majeure

1) Jill Clarke Design has the right to cancel any order, including those that are partially completed, in the event of circumstances beyond their control, (such as fire, flood or strike). Compensation to the customer will be limited to the total value of the goods outstanding.

 

Delivery Terms

As both a domestic and international seller, we have extensive experience of dealing with couriers and the issues this can cause.

As such, we would kindly ask you to adhere to the following procedures regarding the delivery of any order you may place with us. Failure to do so could result in extra charges being made in order for fulfilment to be completed.

Conditions of Delivery

1) Please ensure that somebody with the sufficient authority and time is available to accept and sign for your goods during the agreed delivery window.

2) Please ensure that all potential recipients of the delivery are made aware of these procedures.

3) As couriers will not accept any claim for damage against a delivery that has a clean signature, all goods MUST be checked at the TIME OF DELIVERY. Under the terms of the contract we have with our couriers, they must allow you sufficient time to open up boxes or pallets in order to inspect the goods closely. If they refuse to do so, please sign for the consignment as damaged.

For the avoidance of doubt, no claim for transport damage can be made where a clean delivery signature has been provided.

By placing an order with us, you have indicated that you accept the terms of these procedures and that you or your appointed representative will be on hand to receive the shipment within the agreed delivery window. There will be no exemptions to this policy if a clean signature is provided by any other party.

Further notes on pallet deliveries

1) If the goods you are receiving are being shipped on a pallet, the courier will contact you to arrange a mutually convenient delivery day, (unless otherwise agreed). Please ensure that you point out ANY potential delivery issues, such as restricted access, at this time. Actions required to overcome delivery issues may be chargeable to you, particularly if only discovered on the day of delivery.

2) Pallet deliveries are to ‘kerbside’ only, (unless otherwise agreed). The pallet(s) will be removed from the delivery vehicle using a tail-lift and pallet forks (not suitable on gravel driveways) and placed in the first convenient, safe location. Driveway and drivers are not obliged to move the pallet any further into your property. Please contact us if you have requirements beyond this.

3) If a situation arises where you consent for delivery to be made without a signature, to an empty address for instance, it will not be possible for you to make any claims regarding transport damage.

Further notes on parcel deliveries

1) If the goods you are receiving are being shipped by parcel(s), you may receive a text or email from our courier with a potential time window for delivery. If you are unavailable to take delivery at any point during the specified time window, please follow the rescheduling instructions provided.

Further notes on deliveries fulfilled by Jill Clarke Design

1) Any driver delivering goods on one of Jill Clarke Design’s own vehicles will wait for the customer to check for damages.

2) The driver will supply two delivery notes which must be signed accordingly

3) Any claim for damages by the customer must be made at the time of delivery.

General delivery notes

1) Delivery dates and times proposed by Jill Clarke Design should be considered as best endeavour offers, not guarantees. Schedules are offered in good faith but may be subject to various factors, whether the delivery is being made using our own vehicles or courier network.

2) Jill Clarke Design will not be liable for any costs, including lost earnings, associated with a delivery schedule not being met for any reason, including transport and or stock issues.

3) As Jill Clarke Design understands that delivery shortfalls may not be immediately detected, Customers are given 24 hours to make a full inventory. If any discrepancies are noted, the customer must report these to Jill Clarke Design within this timeframe in order to be eligible for any compensation. Where requested, the customer must also supply photographs of the shipment, including all of its packaging.