MAJESTIC CANVAS STUDIO TERMS & CONDITIONS
© Copyright Majestic Canvas Studio. All rights reserved. These conditions, or parts thereof, may not be reproduced,
copied or published in any form or by any means without the written permission of Majestic Canvas Studio.
1.1. ‘Company’ means Marcin Trojanowski t/a Majestic Canvas Studio.
Majestic Canvas Studio
15 Sharpham Road
Email address: firstname.lastname@example.org
eBay platform/shop: majesticcanvas1
1.2. ‘Customer’ means any person, or persons, firm, partnership or corporate body who places an Order with the Company.
1.3. ‘Order’ is the Customer's offer to purchase the Goods subject to these terms and conditions of sale.
1.4. ‘Goods’ means all items offered by the Company and specified in the Customer's Order. Due to the production and design processes, all the Goods are bespoke and customised.
1.5. ‘Force Majeure’ means natural disasters or other circumstances beyond the control of Company for example: earthquake, hurricane, storm, flood, fog, war, plane crash, riot, strike, civil commotion, act of terrorism.
2.1. The Company acting in the course of a business offers to sale custom-made tipi and yurts.
2.2. The Company offers the Goods via internet only.
2.3. The Company warrants that will act with reasonable care and skill.
2.4. The Company reserves the right to amend these terms and conditions at any time. The amended terms and conditions will be published on the Company's website and any new versions of the terms and conditions will come into effect as soon as the Company publishes them. Any Orders that have already been accepted by the Company prior to any such change will be subject to the terms and conditions in force at that point.
3. PLACING ORDER
3.1. The Customer shall place the Order electronically: via email or form on the Company's website or Company's eBay store.
3.2. The Customer is obliged to provide, clear and complete information in the Order and other information requested by the Company.
3.3. The Customer's Order should include any specifics relating to the ordered Goods, including size of tipi and/or yurt, colour and patterns or paintings on canvas, and any additional options or extras.
3.4. The Order is deemed to have been placed when an email confirmation has been received by the Company.
3.5. The Customer, at own cost, may request in writing arrangement of additional cargo insurance.
3.6. After placing an Order, the Company will send an email acknowledging the Order’s acceptance.
3.7. The Company may choose not to accept the Order for any reason, in which case the Company will refund any money that the Customer has already paid for that order or the Company may contact the Customer to discuss a variation to the Order.
3.8. All electronic messages are binding and have the same force of evidence as written on paper.
3.9. The Customer has a right to commission a carrier to deliver the Goods.
3.10. The Customer has no right to cancel the Order as the cancellation right does not apply to items that are clearly personalised to the Customer's specification.
Actual Good's colours may vary from colours shown on digital media on Company's website and Company's eBay store.
5.1. The Company calculates the price based on the Customer's Order specification.
5.2. Unless instructed otherwise, the Company calculates delivery charges based on the Customer's Order delivery specification.
5.3. Invoices issued by the Company shall be paid by the Customer within 7 days of the date of invoice.
5.4. The accepted form of payment include: a) bank transfer, b) PayPal.
5.5. The payment is required in full and prior to manufacturing of the Goods.
5.6. By making the payment the Customer is deemed to have accepted these terms & conditions.
5.7. If the invoice is not paid within 7 days of the date of invoice, the Customer's Order is deemed to be cancelled.
6. MANUFACTURING OF GOODS
6.1. Upon receiving the payment, the Customer's Order is processed and the Goods' manufacturing is commenced.
6.2. The manufacturing process takes up to 6 weeks. The Company reserves the right to extend the manufacturing time due to unexpected events.
6.3. The Customer will be informed electronically in writing about any delay in manufacturing or delivery.
7. DELIVERY OF GOODS
7.1. The Customer will be given a confirmation of the Goods dispatched electronically.
7.2. The Customer shall be informed about the expected date of delivery.
7.3. The Goods will be at the Customer's risk from the time of delivery.
7.4. Condition 7.3 does not apply if the Goods are delivered to a carrier who is commissioned by the Customer to deliver the Goods and is not a carrier the Company named as an option for the Customer. In that case the Goods are at the Customer's risk on and after delivery to the carrier.
8. REFUND POLICY
8.1. As all the Goods are tailored-made and personalised to the Customer's specification, thus returns are not accepted.
8.2. Nothing in these terms and conditions excludes or limits the Consumer's statutory rights in respect of faulty Goods: a) they do not match the description of the goods, b) they are not of satisfactory quality or c) they are not fit for purpose.
9. GUARANTEE AND COMPLAINTS
9.1. The purchased Goods come with a manufacturer's guarantee against material or manufacturing faults for the duration of the guarantee period.
9.2. The guarantee periods are a) 24 months in case of purchase of two Goods or less, at one time, b) 30 months in case of purchase of three Goods or more, at one time.
9.3. The guarantee period will commence from date of Good's dispatch.
9.4. The guaranty in particular covers the aspects of the canvas:
b) mould and mildew-resistance (fungus),
c) flame-resistance (only in respect of canvas 20 oz).
9.5. The Goods must be installed, maintained and used in accordance with the manufacturer's user instructions, failing which result in invalidation of the guarantee.
9.6. The guarantee invalidates if: a) canvas has been altered, b) wooden elements have been altered, c) Goods are stored not in line with manufacturer instructions.
9.7. The guarantee does not apply to:
a) any dirt accumulated or stains caused by the weather conditions,
b) any colour fading of patterns or paintings on the canvas which may appear over the course of time. Colour fading is a natural process due to UV rays and weather conditions,
c) green stains on canvas, which may appear if the Goods have been installed or stored nearby woods or water reservoirs. Green stains are caused by chlorophyll and are not a fungus,
d) small cracks on poles or other wooden elements which are the result of natural processes. The Goods are always equipped in extra wooden elements which shall be used for replacements in such cases,
e) damage caused by faulty installation, not following manufacturer's instructions, tampering, altering, neglect, misuse, accident, fire, flood, explosion, lightning, storms, frost or other bad weather conditions.
9.8. Any claim made under these terms and conditions must be made within the guarantee period and must be submitted in writing to the Company including evidence.
9.9. Each claim related to the canvas will be considered after close laboratory inspection carried out by the manufacturer.
9.10. During the guarantee period any element or component of the Goods which is proved to be faulty or defective in manufacture, will be repaired or replaced free of material and labour charges, providing that the Company has authorised or carried out the repair or replacement.
9.11. Upon receipt of guarantee claim or complaint, the Company will consider its validity and respond to the Customer electronically.
9.12. In the case the guarantee claim or complaint has been considered as valid by the Company, the Company shall provide instructions regarding the shipping of the Goods or elements of Goods. In that case The Company will cover the pickup and return delivery costs of damaged elements of Goods.
9.13. The Company will not accept or reimburse any costs of any third party undertaking any service or repair work carried on the Goods or fitting parts, unless such work has been approved by the Company in advance of being carried out.
9.14. The guarantee period will not be extended even if the Goods, or parts of Goods, were repaired or replaced.
10. LIABILITY AND LIMITATIONS
10.1. The Company’s liability is limited to the claims arising from the Company’s breach of these terms and conditions, any misrepresentation or negligence.
10.2. Nothing in these Terms & Conditions excludes or limits the Company’s liability for death or personal injury caused by the Company’s negligence.
10.3. All claims must be submitted in writing to the Company within 30 days from the date of Good's delivery, failing which the Company shall have no liability whatsoever.
10.4. In the event of Force Majeure the Company is not liable for any resulting claims.
10.5. The Company is not liable for actions or inactions of third parties, for example couriers, authorities and others. In particular, the Company is not liable for any delay, loss or damage of any kind which occurs while the Goods are in the custody or control of a third party. The claim should be made against such third party.
11.1. The Company is committed to protecting the Customer’s and third party personal information under the Data Protection Act 1998.
11.2. The Company will not share the Customer’s or third parties personal information with others for marketing or commercial purposes unless the permission in writing is given.
12. JURISDICTION AND LAW
These terms and conditions are governed by the laws of England and Wales. The Customer agrees that the English Courts shall have jurisdiction to hear and determine any dispute arising from the interpretation and/or arising herefrom; however the Customer may choose the law and jurisdiction of Scotland or Northern Ireland if that is where the Customer resides.