Terms & Conditions

COPYRIGHT

All rights, including copyright, for this website are owned by or licensed to The Badger Sett Studio. 

Any use of this website, its images or content, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of The Badger Sett Studio. 

USE OF WEBSITE 

1    ACCEPTANCE OF TERMS 

Your access to and use of thebadgersettstudio.co.uk ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website. 

2    ADVICE 

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision. 

3    CHANGES TO WEBSITE 

badgersettstudio.co.uk reserves the right to: 

  • change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that thebadgersettstudio.co.uk shall not be liable to you for any such change or removal; and 

  • change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. 

4    LINKS TO THIRD PARTY WEBSITES 

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. 

5    COPYRIGHT 

  • All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to The Badger Sett Studio or otherwise used by The Badger Sett Studio as permitted by law. 

  • In accessing the Website you agree that you will access the content solely for your personal, non-commercial use.  None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. 

6    DISCLAIMERS AND LIMITATION OF LIABILITY 

  • The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 

  • To the extent permitted by law, thebadgersettstudio.co.uk will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. 

  • thebadgersettstudio.co.uk makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. 

7    PRIVACY AND COOKIES 

The Website uses cookies. Cookies are small text files that are created by a web server and stored on your computer when you visit a website. The Website uses cookies for the following purposes: 

  • To improve the functionality of the website and to improve the browsing experience. 

  • This site uses Squarespace analytics cookies to help us improve the content of the website and to see what is of interest to the visitors of thebadgersettstudio.co.uk 

By accepting these terms and conditions, you are giving consent to thebadgersettstudio.co.uk to place cookies on your computer. 

If you wish to opt-out of our placing cookies on your computer, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu. 

8    INDEMNITY 

You agree to indemnify and hold thebadgersettstudio.co.uk and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against thebadgersettstudio.co.uk arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. 

9    SEVERANCE 

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. 

10    GOVERNING LAW 

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.  

TERMS AND CONDITIONS OF SALE 

1 CONDITIONS 

  • Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. 

  • These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. 

  • Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. 

  • Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 

  • Any complaints should be addressed to the Seller's email address. 

2 ORDERING 

  • All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. 

  • To order Goods from this Website, the buyer must legally hold a valid credit / debit card or hold a valid PayPal account. 

  • Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days. 

3 DESCRIPTION OF GOODS AND PRODUCT VARIATIONS 

  • The visual representations of goods on the website are as accurate as possible. Goods may vary slightly to the photo on the website. We try to match colour and print as closely as possible, however work is handmade in small batches and there may be variations between each batch in terms of colour and print quality. 

  • We try very hard to display the colours of prints as accurately as possible, however different monitors vary and we cannot guarantee the accuracy of colours on our website or what in turn you the buyer will see on your monitor. 

  • Where image sizes have changed on prints and differ from the photograph on the website, a note will be on the bottom of the description to advise the buyer of this. 

  • Paper sizes are approximate. 

4 PRICE AND PAYMENT 

  • The price of the Goods shall be that stipulated on the Website. 

  • The total purchase price, including delivery and other charges, if any, will be displayed in the buyer’s shopping cart prior to confirming the order. 

  • After the order is received the Seller shall confirm by email the details, description and price for the Goods. 

  • Payment of the price and delivery charges must be made in full before dispatch of the Goods. 

  • The Buyer has two options for payment of Goods on this Website: 

a) PayPal: If choosing PayPal, the Buyer is required to have a valid PayPal account. 

b) Stripe: The Buyer can pay either by valid Credit Card or Debit Card through this method. 

  • The Buyers order is shipped after the payment has been processed and reaches the seller’s account. 

Please see our Delivery & Returns page for shipping times to the UK and outside of the UK. 

5 RIGHTS OF SELLER 

  • We reserve the right to periodically update prices on the website, which cannot be guaranteed for any period of time. We make every effort to ensure prices are correct at the point at which the Buyer places an order. 

  • We reserve the right to withdraw any goods from the website at any time. 

  • The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order. 

6 DELIVERY 

  • Goods supplied within the UK will normally be delivered within 5 to 10 working days of acceptance of order if in stock, but in any event, within 30 days after the Contract is entered into. 

  • Goods supplied outside the UK will normally be delivered within 7 to 15 working days of acceptance of order if in stock, but in any event, within 30 days after the Contract is entered into. 

  • Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. 

  • Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 

  • Risk in the Goods shall pass to the Buyer when the goods are delivered to the address specified in the order.

  • Title in the Goods shall not pass to the Buyer until payment of the price has been made in full. 

  • The Buyer shall inspect the Goods immediately and thoroughly upon receipt for any damage and shall contact the seller at olivia@thebadgersettstudio.co.uk within 7 days if the Goods are damaged. Please refer to the Returns page for further details on returns. 

7 RETURN OF GOODS 

You shall send back the goods or hand them over to us without undue delay and in any event not later than 30 days from the day on which you communicate your cancellation from this contract to us at the address provided on the delivery note and receipt. The deadline is met if you send back the goods before the period of 30 days has expired. 

8 COST OF RETURNING GOODS 

You will have to bear the direct cost of returning the goods (unless the goods are declared damaged by us upon their return - see section 9 below). Please ensure that: 

a) The Goods are returned in the original packaging (if it’s not damaged) or otherwise sufficiently packaged and labelled correctly to the address that will provided by us upon request. 

b) You include your name, address and order number inside the package. 

c) That the Goods are unused and in perfect condition when returning to the Seller. 

d) You provide evidence of tracked postage as proof of posting and ensure that the Goods are sufficiently insured for the return journey to the Seller. 

9 DAMAGES AND FAULTY GOODS  

If the Buyer claims that the goods arrived in a damaged or faulty condition, the Goods shall be returned to the Seller within 30 days of delivery following the steps above. If the Goods are defective, the Buyer is entitled to a full refund including delivery and postage costs. (Please get evidence of tracked postage as your proof of postage). 

10 CANCELLATION 

  • You have the right to cancel this contract until the moment of despatch. Once the item has been despatched, any change of mind becomes a return.

  • To exercise the right to cancel before despatch, you must inform olivia@thebadgersettstudio.co.uk as soon as possible of your decision to cancel this contract. 

EFFECTS OF CANCELLATION 

  • If you cancel this contract before despatch, we will reimburse to you all payments received from you.

  • We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. 

  • We will make the reimbursement without undue delay, and not later than: 

(a) 14 days after the day we receive back from you any goods supplied, or 

(b) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. 

  • We will make the reimbursement using the same means of payment as you used for the initial transaction. 

  • In the event of cancellation we will withhold reimbursement until we have received the goods back in perfect condition. 

11 LIMITATION OF LIABILITY 

The Seller shall not be responsible for: 

  • losses that were not caused by any breach on the part of the Seller; or 

  • any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or 

  • any indirect or consequential losses that were not foreseeable to both the Buyer and the Seller. 

  • The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Seller’s reasonable control. 

  • Nothing in these Terms and Conditions limits or excludes the Seller’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Seller’s negligence or wilful misconduct. 

12 WAIVER 

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future. 

13 FORCE MAJEURE 

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. 

14 SEVERANCE 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated. 

15 CHANGES TO TERMS AND CONDITIONS 

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. 

16 GOVERNING LAW AND JURISDICTION 

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.