Terms and Conditions

Welcome to www.franceswadsworthjones.com

This site is owned and operated by Frances Wadsworth Jones.

These Terms and Conditions set out the basis on which you may visit and use the Services available on this site. Please read these terms and conditions carefully before using our site.

By placing an order through our website you agree to be bound by these terms and conditions and the delivery and return policies.

OUR PRODUCTS & SERVICE

The Services we offer you allows you to search through our Website and purchase products named on our Website.

Our site is intended for the use of people resident in the United Kingdom. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express, or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations.

Frances Wadsworth Jones products are finished by hand. Due to the nature of the processes and materials involved there may be slight variations in appearance. The buyer accepts this when the order is placed.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display will be accurate.

YOUR ORDER

After placing an order, you will receive an e-mail from us acknowledging that we have received your order.

A delivery charge will be added to your order value where appropriate, please see delivery times and charges relating to the product that you wish to purchase.

PRICE AND PAYMENT

The price of products which can be purchased through us will be as quoted on our site. These prices include VAT and exclude delivery costs which will be added to the total amount due as set out in our Delivery and Returns guide.

Payment for all products must be by credit or debit card.

Please note that all items will require full payment in advance.

INTELLECTUAL PROPERTY

The contents of this site including, trademarks, logos, photographs, illustrations and other materials and service marks are the copyright trademarks or registered trademarks of Frances Wadsworth Jones. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, copy, access, modify or otherwise exploit our trademarks without our consent.

AMENDMENTS

We reserve the right to change, modify, substitute or remove without notice any products, services or information on this site from time to time.

Prices for our products are subject to change without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

OUR LIABILITY

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

This does not include or limit in any way our liability:

a.      For death or personal injury caused by our negligence;

b.      Under section 2(3) of the Consumer Protection Act 1987;

c.      For fraud or fraudulent misrepresentation; or

d.      For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability; or

e.      For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of the quality warranty clause above or direct foreseeable loss claims as above, or any other claims for direct financial loss that are not excluded by any of categories of this clause.

NOTICES

All notices given by you to us must be given to Frances Wadsworth Jones at studio@franceswadsworthjones.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action.

  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

  • Impossibility of the use of public or private telecommunications networks.

  • The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Our right to vary these terms and conditions:
We have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

LAW AND JURISDICTION

Contracts through the purchase of products through our site will be governed by English law. Any dispute arising from, related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.