Mama Love Crafts – Terms and Conditions
These Terms and Conditions are the standard terms that apply to the Services provided by Rosie Love, trading as Mama Love Crafts, of 28 Grange Road, Wigston, LE18 1JG (referred to in these Terms and Conditions as “we/us/our”).
1. Definitions and Interpretation:
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Acceptance” means the acceptance of our Quotation, the placement of an order and/or the Client’s written consent to receive the Services, and includes acceptance of these Terms and Conditions;
“Client/You/Your” means you, the individual, firm or corporate body purchasing the Services;
“Consumer” means consumer as defined by the Consumer Rights Act;
“Contract” means the contract formed upon Acceptance by the Client as detailed above for the provision of the Services or issue of our Order Confirmation;
“Order” means your order for the Products (where applicable);
“Order Confirmation” means our acceptance and confirmation of your Order (where applicable);
“Products” means any products to be supplied by us to you as specified in our Quotation (where applicable);
“Quotation” means our written estimate to provide the Services, which remains open for acceptance for a period of 30 days unless otherwise specified and shall constitute our entire scope of works;
“Services” means the graphic design and/or any other services provided by us to the Client; and
“Website” means https://www.mamalovecrafts.co.uk/.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing” and “written” includes emails and similar transmissions;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
1.2.4 a clause is a reference to a clause of these Terms and Conditions;
1.2.5 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
1.4 No terms or conditions stipulated or referred to by the Client in any form whatsoever shall in any respect vary or add to these Terms and Conditions unless otherwise agreed by us in writing.
1.5 Words imparting the singular number shall include the plural and vice versa. References to persons shall include corporations.
2. The Contract
2.1 Where we are providing Services to you:
2.1.1 We will provide you with a written Quotation for our Services. The acceptance of our Quotation, electronically or otherwise, or the placement of an order, creates a legally binding Contract between you and us, and includes the acceptance of these Terms and Conditions, which will apply between us; and
2.1.2 You are responsible for the accuracy of any information you submit to us and for ensuring that our Quotation reflects your requirements. We may provide you with a questionnaire; please complete it to the best of your knowledge. Our Quotation is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident, we reserve the right to make adjustments to it.
2.2 Where we are providing Products to you:
2.2.1 If you wish to place an Order with us our Website will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it;
2.2.2 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us;
2.2.3 If, for any reason, we do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible (and in any event, within 14 days); and
2.2.4 Once your Order has been accepted as detailed in clause 2.2.2, we cannot accept any changes to it.
3. The Services (General)
3.1 We will use our own exclusive judgement when carrying out the works and deciding upon artistic factors required for the provision of the Services. We will not accept liability, and no refunds will be offered, in the unlikely event that you are dissatisfied due to a matter of personal taste.
3.2 We will provide you with several design concepts based on the brief you have given to us. We will require your input and feedback on these concepts, as we will work on your preferred concept through to completion. Any proofs we send to you must be approved by you in writing.
3.3 Where we sent draft materials to you, we will require your approval in writing. It is your responsibility to check for mistakes, including spelling and grammar mistakes, and we accept no responsibility for the same.
3.4 Any copy and/or images you provide will be uploaded or delivered by us exactly as we receive it.
3.5 Any alterations required after approval of the final design, any changes to the brief following the initial consultation will be chargeable at our standard rate applicable at the time.
3.6 We may provide estimated timescales for the works to be carried out. Such timescales are dependent on your feedback, response times and other factors outside of our control, therefore, they represent a guideline only and are not of the essence of the Contract.
4. Supply of Products
4.1 We have made every reasonable effort to ensure that the Products conform to the photographs and descriptions provided on our Website however custom designs are for Illustrative purposes only. Please note that certain colours may look different when displayed on your computer, phone or tablet.
4.2 Where our Services are also used for your Order of Products clause 3 shall apply.
4.3 We do not represent or warrant that particular Products will be available. If the Products are not available, the provisions of clause 2.2.3 will apply.
4.4 We reserve the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
4.5 Orders will be delivered depending on your selection in the Order process and you may be required to sign for the delivery. If your Order has not arrived by the estimated delivery date, you should contact us in writing as soon as possible so we can investigate.
4.6 Delivery will be deemed to have taken place when the Products have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Products.
4.7 The responsibility (sometimes referred to as the “risk”) for the Products remains with us until delivery is complete as defined in clause 4.5, at which point it will pass to you. You will own the Products only once we have received payment in full of all sums due (including any delivery charges).
5. Fees and Payment
5.1 Where we are providing Services to you:
5.1.1 You agree to pay the fees in accordance with the Quotation and these terms for payment;
5.1.2 We reserve the right to request a deposit or payment in full, up front, and will specify this in the Quotation where applicable. This will need to be paid before we can commence the Services;
5.1.3 You agree to pay for any additional services requested by you and provided by us that are not specified in the Quotation. These additional services shall be charged in accordance with our current rate in effect at the time of the performance of the services or such other rate as may be agreed; and
5.1.4 Unless otherwise agreed by us, all invoices are payable in full, without set off, withholding or deduction, within 14 days from the date of invoice. All fees are exclusive of VAT, unless otherwise specified.
5.1.5 The time of payment shall be of the essence. If you fail to make any payment by the due date then, without prejudice to any right which we may have under to any statutory provision in force from time to time, we shall have the right to suspend the Services (where applicable) and charge you interest at a rate of 8% per annum above the Bank of England base rate from time to time, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Such interest shall be calculated on a daily basis and will accrue after as well as before any judgment.
5.2 Where we are providing Products to you:
5.2.1 The price of the Products will be that shown on our Website at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted;
5.2.2 We have made every reasonable effort to ensure that the prices on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible;
5.2.3 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order;
5.2.4 Delivery charges are not included in the price of the Products. Delivery options and any related charges will be presented to you as part of the Order process. Payment for the Products and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process; and
5.2.5 All payments made via the Website will go through a payment gateway provider such as Stripe or PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
5.3 We reserve the right to adjust our prices from time to time as is reasonably necessary, and we will notify you accordingly in advance.
6. Client’s Responsibilities
6.1 You agree, where applicable, to:
6.1.1 provide us with any information, advice and assistance relating to the Services as we may reasonably require within sufficient time to enable us to perform the Services, including but not limited to providing us with suitable and sufficient material and images to enable us to perform the Services;
6.1.2 ensure all content sent by you or your employees, or provided to us, is suitably backed up and thoroughly proofread for mistakes;
6.1.3 nominate a suitably qualified individual to act as your representative to liaise with us regarding the Services. This individual needs to be a decision-maker within the company; and
6.1.4 obtain and maintain all necessary licences, permissions and consents in connection with the Services.
6.2 If you fail to meet any of the provisions of this clause 6, without limiting our other rights or remedies, we shall:
6.2.1 have the right to suspend performance of the Services until you remedy the default (where applicable);
6.2.2 not be held liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay in performing any of our obligations as a result; and
6.2.3 be entitled to claim for any costs or losses sustained or incurred by us arising directly or indirectly from your default.
7. Variation and Amendments
7.1 If you wish to vary the Services to be provided, you must notify us as soon as possible. We will endeavour to make any required changes and any additional costs incurred by us as a result will be invoiced to you.
7.2 If, due to circumstances beyond our control, we have to make any change in the arrangements relating to the provision of the Services, we will notify you immediately. We will endeavour to keep such changes to a minimum and will seek to offer you arrangements as close to the original as is reasonably possible in the circumstances.
7.3 Any agreed variation or amendment will be carried out in accordance with these Terms and Conditions and any price increase required as a result of an agreed variation or amendment will be payable in accordance with the terms for payment above.
8. Cancellation
8.1 If you are a Consumer in the United Kingdom, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once the Contract between you and us is formed and ends at the end of 14 calendar days after that date. If you wish to cancel the Contract within the cooling off period, you should inform us immediately by post or email. To meet the cancellation deadline, it is sufficient for you to send your cancellation notice before the cancellation period has expired. If you do so, we will refund any sums paid to us under the Contract excluding delivery within 14 days, using the same method you used to make payment, unless you request otherwise.
8.2 Please note due the nature of the Products you may lose your legal right to cancel under this clause 8 as the Products are not returnable due to being custom designed and bespoke to you.
8.3 No Order which has been accepted by us may be cancelled by a business Customer except with our agreement in writing on the terms that the Customer shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, restocking, charges and expenses incurred by us as a result of such cancellation.
9. Delivery of Products
9.1 All Products will be delivered within 5 calendar days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control - see clause 10).
9.2 Orders will be delivered by a third-party courier service and you may be required to sign for the delivery. If your Order has not arrived by the estimated delivery date, you should contact us and quote your delivery reference which shall be provided via email. Failing this, please contact us in writing as soon as possible so we can investigate this further.
9.3 If no one is available at your delivery address to receive the Products and the Products cannot be posted through your letterbox or left in a safe place nominated by you, the courier service will leave a delivery note explaining how to rearrange delivery or where to collect the Products.
9.4 If you do not collect the Products or rearrange delivery within 7 calendar days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the Products. If this happens, you will be refunded the purchase price of the Products themselves, but not the cost of delivery. We may also charge you for any reasonable additional costs that we incur in recovering the Products.
9.5 In the unlikely event that we fail to deliver the Products within 30 calendar days of our Order Confirmation (or as otherwise agreed under clause 9.1), you may treat the Contract as being at an end immediately if we have refused to deliver your Products; or in light of all relevant circumstances, delivery within that time period was essential; or you told us when ordering the Products that delivery within that time period was essential.
9.6 Delivery will be deemed to have taken place when the Products have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Products.
9.7 The responsibility (sometimes referred to as the “risk”) for the Products remains with us until delivery is complete, at which point it will pass to you.
10. Confidentiality: Each Party undertakes that throughout the duration of the Contract, the Parties may disclose certain confidential information to each other. Both Parties agree that they will not use the confidential information provided by the other, other than to perform their obligations under this Contract. Each Party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless authorised by the other Party in writing.
11. Format: We include for all content, designs and assets to be supplied in our normal standard format only. If additional copies or specific requirements are needed, we reserve the right to apply additional charges.
12. Literature and Representations: Any marketing literature is presented in good faith as a guide to represent the Services offered and does not form a part of the Contract. None of our employees or agents are authorised to make any representation concerning the Services unless confirmed by us in writing. In entering into the Contract, you acknowledge that you do not rely on and waive any claim for breach of any such representations, which are not so confirmed.
13. Intellectual Property
13.1 Unless otherwise agreed by us, we will own (and retain) all intellectual property rights subsisting in the Products.
13.2 The copyright in any Services provided by us is and will become your property. Subject to a written agreement to the contrary, the Contract will give you ownership rights in the Services provided by us provided all payments due under the Contract have been received by us in full.
13.3 The ownership will apply only to final versions provided by us and will not apply to any draft versions.
13.4 We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of our intellectual property rights.
13.5 We reserve the right to use any design created by us for our own advertising and/or promotional purposes.
13.6 You warrant that any logo, design, image, document or instruction supplied or given by you will not cause us to infringe any intellectual property rights of any third party (including, but not limited to, any letter patent, registered design or trade mark) in the execution of our Services. You will indemnify us against all loss, damages, costs and expenses awarded against us or incurred by us in settlement of any claim for infringement of any patent, copyright, design, licence, trademark or any intellectual property rights which results from our use of your information.
14. Data Protection
14.1 Both parties agree to comply with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018, the General Data Protection Regulation 2016, and any subsequent amendments to them.
14.2 If you are providing us with the personal data of any other person, it is your responsibility to obtain the consent of those persons to pass their data to us, as a third party. We will only process, store and hold such data to perform our obligations under the Contract and will not use it for any other purpose.
15. Assignment and Sub-Contracting
15.1 We will be free to sub-contract any of our obligations under these Terms and Conditions. Any act or omission of any sub-contractor will be an act or omission of ours.
15.2 We may transfer (assign) our obligations and rights under the Contract to a third party (if, for example, we sell our business). If this occurs we will inform you in writing. Your rights under the Contract will not be affected and our obligations under the Contract will be transferred to the third party who will remain bound by them.
15.3 You may not transfer (assign) your obligations and rights under the Contract without our express written permission, which will not be unreasonably withheld.
16. Liability and Indemnity
16.1 Except in respect of death or personal injury caused by our negligence, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our servants or agents or otherwise) in connection with the performance of our obligations under the Contract.
16.2 All warranties or conditions whether express or implied by law are expressly excluded to the full extent permitted by law.
16.3 In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, shall not exceed 100% of the fees paid to us under the Contract.
16.4 We may provide advice and recommendations in relation to the Services but we cannot accept responsibility for any actions taken as a result of such advice or recommendations. We may additionally provide introductions or referrals to other companies, however, under no circumstances shall we be liable for the actions or lack of actions of said other companies.
16.5 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.
16.6 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a Consumer, where applicable. For more details on your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
17. Events Outside of Our Control (Force Majeure): Neither Party shall be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause beyond that Party’s reasonable control. Such causes include, but are not limited to: power failure, Internet service provider failure, industrial action, fire, flood, earthquake, act of terrorism or war, governmental action or any other event beyond the control of the Party in question.
18. Waiver: No failure or delay by either Party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
19. Severance: The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these Terms & Conditions (and the Contract, as appropriate). The remainder of these Terms and Conditions will be valid and enforceable.
20. Third Party Rights: No part of the Contract is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract.
21. Notices: Notices will be deemed to have been duly received and properly served 24 hours after an email is sent or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that it was sent to the specified email address of the addressee.
22. Law and Jurisdiction
22.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
22.2 Any dispute, controversy, proceedings or claim between you and us relating to the Contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.