DesignWorks21 Terms & Conditions

BACKGROUND

This agreement applies as between you, the User of this Website and Designworks 21 Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 5 – 12 and 16 – 26 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3, 4, and 13 – 15 apply only to the sale of Goods. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance  of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Goods” means any products that Designworks 21 Ltd advertises and/or makes available for sale through this Website;

“Service” means collectively any online facilities, tools, services or information that Designworks 21 Ltd makes available through the Website either now or in the future;

“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Premises” Means our place(s) of business located at 21 Grove Park, London SE5 8LH.

“System” means any online communications infrastructure that Designworks21 Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Website and is not employed by Designworks 21 Ltd and acting in the course of their employment;

“Website” means the website that you are currently using morfusuk.com

“We/Us/Our” means Designworks 21 Ltd, a company registered in England number 08342141 of 21 Grove Park, London SE5 8LH.

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

These Terms and Conditions also apply to customers buying Goods in the course of business.

If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the  purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.

5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Designworks 21 Ltd, Our affiliates or other relevant third By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.

5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Designworks21 Ltd or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Those wishing to place a link to this Website on other sites may do so only to the home page of the site morfusuk.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact us by email at hello@morfusuk.com.

10.1 When using System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

10.1.1 You must not use obscene or vulgar language;

10.1.2 You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content  that  is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3 You must not submit content that is intended to promote or incite violence;

10.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;

10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6 You must not impersonate  other  people,  particularly  employees  and representatives of Designworks21 Ltd or Our affiliates; and

10.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.

10.2 You acknowledge that Designworks21 Ltd reserves the right to monitor any and all communications made to Us or using Our System.

10.3 You acknowledge that Designworks21 Ltd may retain copies of any and all communications made to Us or using Our System.

10.4 You acknowledge  that any information  you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information  must be communicated  to Us in advance and We reserve the right to reject such terms and associated information.

11.1 In order to purchase Goods on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information  which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

11.1.1 all information you submit is accurate and truthful;

11.1.2 you have permission to submit Payment Information where permission may be required; and

11.1.3 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation  and warranty.

11.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared  computer, it is recommended that you do not save your Account details in your internet browser.

11.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact us immediately to suspend your Account and cancel any unauthorised  purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying Us of the unauthorised nature of the purchase, please contact us at hello@morfusuk.com.

11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.

12.1 Either Designworks21 Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

12.2 If  We  terminate  your  Account,  any  current  or  pending  purchases  on  your Account will be cancelled and will not be dispatched.

12.3 We  reserve  the  right  to  cancel  purchases  without  stating  reasons,  for  any reason prior to processing payment and dispatch.

12.4 If  purchases  are  cancelled  for  any  reason  prior  to  dispatch  you  will  be refunded  any  sums  paid  in relation  to  those  purchases  within  14  calendar days.

12.5 If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.

13.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.

13.2 Where appropriate, you may be required to select the required size, model, colour, number or other feature of the Goods that you are purchasing.

13.3 We neither represent nor warrant that Goods will be available. Stock indications are not provided on the Website.

13.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

13.5 In the event that prices are changed during the period between an order being placed for Goods and Us processing that order and taking payment, this will not effect pending orders;

13.6 All prices on the Website include VAT. Designworks21 Ltd’s VAT number is 194 4076 88.

14.1 No part of this 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  to  you  an  order confirmation email.  Only once We have sent you an order confirmation email will there be a binding contract between Designworks21 Ltd and you.

14.2 Order   confirmations   under   sub-Clause   14.1   shall   contain   the   following information:

14.2.1 Confirmation  of the Goods  ordered  including  full details  of the main characteristics of those Goods;

14.2.2 Fully   itemised   pricing   for   the   Goods   ordered   including,   where appropriate, taxes, delivery and other additional charges;

14.2.3 Estimated delivery date(s) and time(s);

14.3 Order confirmations shall also be enclosed on paper with your Goods.

14.4 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

14.5 All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed.

14.6 The risk in the Goods shall remain with Us until they come into your physical possession.

Designworks21 Ltd aims to always provide high quality Goods that are fault free and undamaged.   On occasion however, Goods may need to be returned.   Returns are governed by these Terms and Conditions.

15.1 If you receive Goods which do not match those that you ordered, you should contact Us within 14 calendar days to arrange collection and return.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon Our receipt of the returned Goods.  We are fully responsible for paying shipment costs.   Goods must be returned in their original condition with all packaging and documentation.  The packaging does not need to be unopened.  Refunds will be issued 14 and in any event no later than 30 calendar  days after receipt  of the returned  Goods  and will include standard delivery charges.   We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.

15.2 If Goods are damaged in transit and the damage is apparent on delivery, you should  sign any applicable  delivery  note to the effect that the Goods  have been damaged.  To return the damaged Goods, please contact Us within 14 calendar days to arrange collection and return. We are fully responsible for paying shipment costs. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. Replacements   will  be  issued  upon  Our  receipt  of  the  returned  Goods. Refunds  will be issued  no later  than  30 calendar  days  after  receipt  of the returned  Goods and will include standard  delivery charges.   We regret that additional costs such as  express delivery and gift-wrapping cannot be refunded.

15.3 If any Goods you have purchased have faults when they are delivered to you, you  should contact  Us  within  14  calendar  days  to  arrange  collection  and return. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods.  We are fully responsible for paying shipment costs.  Replacements will be issued upon Our receipt of the returned Goods.  Refunds will be issued 14 and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery  charges.   We regret that additional  costs such as express  delivery and gift-wrapping cannot be refunded.

15.4 If any Goods you have purchased develop faults within 21 calendar days of delivery, you may be entitled to a replacement but not a refund. In order to arrange for such a replacement you should contact Us within the 21 calendar day period to arrange collection and return. We will assess the Goods and alleged faults upon receipt and if We conclude (at Our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate,  negligent or otherwise),  We will issue replacement  Goods at no additional cost to you.

15.5 If any Goods develop faults beyond 21 calendar days from delivery but within their warranty  period, you are entitled  to a repair or replacement  under the terms of that warranty. Designworks 21 Ltd is not a party to such warranties and you must therefore contact the manufacturer of the Goods directly.

15.6 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered to you.  If the Goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive  the final instalment.   If you change  your mind about the goods within this period, please inform Us within 14 calendar days of receipt.  Goods must be returned to Us within 14 calendar days of the day on  which  you  inform  Us  that  you  wish  to  return  the  Goods. You  are responsible  for paying  return  shipment  costs if Goods  are returned  for this reason.  Refunds  will  be  issued  no  later  than  14  calendar  days  after  you inform  Us  that  you  wish  to  cancel  under  this  provision  and  will  include standard delivery charges.   We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.

15.7 Designworks 21 Ltd may not be able to accept returns under the cooling off period of the following types of Goods and/or taking into account the following circumstances:

15.7.1 Goods made to your specifications or that have been personalised;

15.7.2 Goods which are liable to deteriorate or expire rapidly;

15.7.3 Goods which are sealed for health or hygiene reasons that have been unsealed after delivery;

15.7.4 Goods which are, after delivery, according to their nature, inseparably mixed with other items;

15.7.5 Goods consisting  of audio or video recordings  or computer  software (including games) in sealed packaging where the seal has been broken after delivery.

15.7.6 Any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics   and  functioning   of  them  (such  as  you  would,  for example, handle a display item in a shop). Please note that opening packaging  does  not  prevent  you  from  returning  Goods  unless  the Goods fall under sub-Clauses 15.7.3 or 15.7.5 and in any event does not include the opening of delivery packaging,  only the packaging  of the product itself.

16.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference.

17.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance  with the provisions of the Data Protection Act 1998 and your rights under that Act.

17.2 We may use your personal information to:

17.2.1 Provide Our Goods and services to you;

17.2.2 Process your payment for the Goods; and

17.2.3 Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time.

17.3 In  certain  circumstances  (if,  for  example,  you  wish  to  purchase  Goods  on credit), and with your consent, We may pass your personal information on to credit  reference  agencies. These  agencies  are  also  bound  by  the  Data Protection Act 1998 and should use and hold your personal information accordingly.

17.4 We  will  not  pass  on  your  personal  information  to  any  other  third  parties without first obtaining your express permission.

18.1 We make no warranty or representation that the Website will meet your requirements,  that  it  will  be  of  satisfactory  quality,  that  it  will  be  fit  for  a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services.

18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

18.4 Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

We  reserve  the  right  to  change  the  Website,  its  Content  or  these  Terms  and Conditions  at  any  time. You  will  be  bound  by  any changes  to  the  Terms  and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions pertaining to the sale of  Goods  by  law,  these  changes  will  apply  automatically to any orders currently pending in addition to any orders placed by you in the future.

20.1 The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website or any Service will be free of defects and / or faults. To the maximum extent permitted by the law We  provide  no  warranties  (express  or  implied)  of  fitness  for  a  particular purpose, accuracy of information, compatibility and satisfactory quality.

20.2 We  accept  no  liability  for  any  disruption  or  non-availability  of  the  Website resulting  from  external  causes  including,  but  not  limited  to,  ISP  equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

21.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable  or otherwise, including any indirect, consequential,  special or exemplary  damages arising  from  the use  of  the Website or any information contained therein.  You should be aware that you use the Website and its Content at your own risk.

21.2  Nothing in these Terms and Conditions excludes or restricts Designworks 21 Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Designworks 21 Ltd.

21.3 Nothing in these Terms and Conditions excludes or restricts Designworks 21 Ltd’s  liability  for  any  direct  or  indirect  loss  or  damage  arising  out  of  the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

21.4 In  the  event  that  any  of  these  terms  are  found  to  be  unlawful,  invalid  or otherwise unenforceable, that term is to be deemed severed from these Terms and  Conditions  and  shall  not  affect  the  validity  and  enforceability  of  the remaining Terms and Conditions. This   term   shall   apply only within jurisdictions where a particular term is illegal.

In the event that any party to these Terms and Conditions fails to exercise any right or remedy  contained  herein,  this  shall  not  be construed  as a waiver  of that  right  or remedy.

In  the  event  of  any  conflict  between  these  Terms  and  Conditions  and  any  prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Nothing in these Terms and Conditions shall confer any rights upon any third party. The  agreement   created  by  these  Terms  and  Conditions   is  between  you  and Designworks 21 Ltd.

25.1  All  notices  /  communications  shall  be  given  to  Us  either  by  post  to  Our Premises  (see  address  above)  or by email  to  hello@morfusuk.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

25.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services.  If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.

These Terms and Conditions and the relationship between you and Designworks 21Ltd shall be governed by and construed in accordance with the Law of England and Wales and Designworks 21 Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.