Terms & Conditions 03/11/2021

 

Definitions
In these Conditions:
“Conditions” means these Conditions of Sale and use of website www.beautifulbygeorge.com;
“Contract” means the contract for sale of Goods between the Seller and the Customer/User incorporating these conditions;
“Customer’’ or ‘’User” means the person, firm or company buying Goods from the Seller who may also use the www.beautifulbygeorge.com website;
“Goods” means the items (and services) being supplied to the Customer by the Seller;
“Seller” means Beautiful by George and www.beautifulbygeorge.com website.

Formation of contract
1) These Conditions are the only terms and conditions on which the Seller contracts for the supply of Goods and they are incorporated in all Contracts entered into by the Seller.
2) These Conditions may only be varied in writing signed by a duly authorised representative of the Seller.
3) These conditions apply to the use or viewing of www.beautifulbygeorge.com website by any persons.

Prices
1)  Unless otherwise stated in the Contract, the prices payable for Goods shall be the relevant price in the Seller’s published price list (www.beautifulbygeorge.com) current at the date of delivery of the Goods.
2) Where the Seller’s quotation contains prices which are different from the published price list and the Contract is made within the period for acceptance stated in the Seller’s quotation (or if none, within 30 days from the date of the quotation), then the prices shown in the quotation shall be the prices payable for the Goods.
3) Unless otherwise stated in the Contract, prices are quoted exclusive of value added tax (or other goods and services tax).
4)  The prices in the Seller’s published price lists include packaging, but do not include carriage and freight, which will be payable in addition.

Delivery
1) All delivery dates given by the Seller are given in good faith but the Seller will not have any liability to the Customer for any delay in delivery.
2)  The Customer will be responsible for inspecting Goods upon delivery and it is a condition of the Contract that any shortage or defect in Goods at delivery are notified to the Seller in writing within 3 working days from the delivery date.

Payment
1a). The Customer must pay in full when ordering wallcoverings from the Seller www.beautifulbygeorge.com. When buying an item, the Customer agrees that: (i) they are responsible for reading the full item listing before making a commitment to buy it: (ii) The Customer enters into a legally binding contract to purchase an item when they commit to buy an item and that the Customer completes the check-out payment process.
1b) Unless otherwise agreed, the Seller will submit an invoice for a completed hand-painted mural, on the date of completion and payment from the Customer will be due 14 days from the invoice date.
2)  The Seller reserves the right to charge interest on any overdue payment at the rate of 4% per annum above the Base Rate of Barclays Bank PLC for the time being in effect, calculated in a daily basis on the outstanding balance from the due date until the date that payment is credited to the Seller’s bank account.
3)  The Seller, without affecting any other remedy which it may have, will be entitled to cancel the Contract and/ or suspend any further deliveries of Goods if any payment is not made on the due date by the Customer.
4)  Payment for all Goods sold in the UK shall be in Sterling; for international sales payment shall be in the currency as agreed in Seller’s published price list.
5)  Where the Customer is entitled to a discount for prompt payment, this will be specified in the Contract.
6). The prices the Seller charges for products are listed on the website. The Seller reserves the right to change prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. 

Property and risk
1) The risk of loss or damage to the Goods passes to the Customer upon delivery.
2) Ownership in the Goods will remain with the Seller until payment in full of all amounts due to it from the Customer have been received by the Seller.
3) Until ownership passes to the Customer, the relationship between the Seller and the Customer will be that of bailor and bailee and the customer will be responsible for the safe custody and insurance of the Goods.
4) No re-sale of the Goods by the Customer shall take place, nor will the Customer be entitled to incorporate any of the Goods in other materials or products without the prior written consent of the Seller.

Ownership of intellectual property, copyrights and logos
1) The Sellers products and services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Beautiful by George and/or Georgette Sunderland. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and the Customer or User of www.beautifulbygeorge.com agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. All works/images/related works on www.beautifulbygeorge.com are protected and copyrighted by www.protectmywork.com 

2). Beautiful by George, the Seller, recognises and agrees that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website,  confirms that they own all the relevant rights or received the appropriate license to upload/transfer/send the content. The Seller agrees and consents that the uploaded/transferred content may be publicly displayed on the website www.beautifulbygeorge.com
3) Intellectual property; The Seller will take all necessary steps to protect the Customer against any claims that the Goods infringe any intellectual property rights of a thirty party. The Customer will promptly notify the Seller of any such claim and will fully co-operate with the Seller and permit the Seller to conduct the defence of any proceedings. Under no circumstances will the Customer settle any such claim without the previous written consent of the Seller.

Storage & installation
1) All Goods will be stored and installed by the Customer in accordance with the instructions issued by the Seller which accompany the Goods.
2) The Seller will have no liability to the Customer or any third party if the Customer does not comply in all respects with the Seller’s instructions or if the Goods are used or installed in abnormal or unusual circumstances.
3) If the Customer requests advice not covered in the Seller’s instructions from the Seller with respect to installation, the Seller will have no liability for a recommendation over and above the Seller’s official instructions.

Guarantees and liability
1) The Seller warrants that all Goods will comply with specification at the time of delivery.
2) If the Customer notifies the Seller immediately they become aware of any defect in the Goods within 28 days of delivery, the Seller will, at its option, either repair or replace any Goods found to be defective due to faulty manufacture of materials supplied by the Seller. For wallcoverings the Customer must check they are happy with the Goods prior to opening any roll packaging and before cutting or hanging.
3) Where a defect has been notified, the Customer will, if so requested by the Seller, return the Goods to the PO Box on the contact page of www.beautifulbygeorge.com at the Customer’s expense. If the Seller subsequently confirms that the returned Goods contain defects attributable to the Seller, then reasonable costs of re-delivery incurred by the Customer will be refunded.
4) The warranties given above will not apply to defects which are to: 1. Fair wear and tear, accidental damage or failure by the Customer to adhere to the Seller’s instructions or written recommendations.
5) Where the Customer wishes to return the Goods and there is no defect, the Customer must first notify the Seller and return the goods to the Seller’s UK PO Box address within 28 days of delivery and at the Customer’s expense. The Goods must be returned undamaged, unopened and in their original packaging.
6) The Seller is unable to issue refunds on items that have been opened or cut such as wallpaper by the meter and wallpapers that have been printed to order. The Seller cannot accept returns due to incorrect measurements supplied to the Seller by the Customer. The Seller always recommends ordering samples of wallpapers before placing an order and getting a professional to measure the space.
7). The Seller always recommends using a professional wallcoverings installer to hang wallcoverings. The Seller recommends horizontal lining of the intended surface prior to installing the wallcovering.
8) All terms, conditions and warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. The Customer, by entering into the Contract, acknowledges that the only warranties are those given expressly by the Seller in these Conditions.
9) Under no circumstances will the Seller have any liability to the Customer for any loss or damage (whether direct, indirect or consequential and whether in contract of in tort) except as expressly stated in these Conditions. 
10) The Seller may, without prior notice, change the products or services offered on www.beautifulbygeorge.com ; stop providing the services/products or any features of the services the Seller offers; or create limits for the services or products. The Seller may permanently or temporarily terminate or suspend access to the services or products without notice and liability for any reason, or for no reason.
11). The Seller / www.beautifulbygeorge.com may permanently or temporarily terminate or suspend Customer/User access to the service or website without notice and liability for any reason, including if in the Sellers sole determination the Customer/User violates any provision of these Terms or any applicable law or regulations. The Customer/User may discontinue use and request to cancel their account and/or any services at any time. 
12). The Customer/User agrees to indemnify and hold Beautiful by George / the Seller harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website www.beautifulbygeorge.com or any of the services offered on the website www.beautifulbygeorge.com
13) The Seller / www.beautifulbygeorge.com reserves the right to modify these terms from time to time at their sole discretion. Therefore, the Customer / User should review www.beautifulbygeorge.com periodically. When The seller / Beautiful by George change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or Beautiful by George service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.


Force majeure
The Seller will not have any liability to the Customer if it is prevented from performing the Contract on account of force majeure which includes, but is not limited to, extreme weather conditions, act of God, war, terrorism, strikes or difficulty in obtaining materials and labour. In any of these circumstances, the Seller reserves the right to cancel the Contract.


Notices
Any notice to be given by either party to the other shall be in writing and sent by first class post, email transmission or delivered by hand. Notice sent by post shall be treated as delivered after two working days.
Notice delivered by hand or by email will be treated as delivered on the day of delivery unless this occurs outside normal working hours, in which case delivery will be effective on the next working day.
Promotional emails and content: The Customer /User agrees to receive from time to time promotional messages and materials from Beautiful by George, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

Assignment and sub-contracting
1) Neither party will assign any of its interests in the Contract without the prior written consent of the other.
2) The Seller may, at any time, sub-contract all or part of its obligations with respect of the manufacture and delivery of Goods.

Customer default
If the Customer:
1) commits a breach of contract, or
2) fails to make a payment on the due date; or
3) becomes insolvent or has a receiver appointed then, in any such case the Seller shall be entitled either to suspend the supply of Goods or, at its option, to cancel the Contract and repossess any Goods for which payment has not been received in full. The Seller shall also have this right if it reasonably considers that any of the events mentioned (1), (2) or (3) above are likely to occur.

Severance
If any provision of these Conditions is held by a court to be unenforceable, the remaining provisions of the Contract will continue in effect.

Governing law
The Contract shall be governed by the laws of England.

Disputes
Any dispute between the parties shall be finally determined by the courts of England and Wales and the parties agree to submit to the jurisdiction of those courts.