Terms

Terms

A Shade Above Ltd

www.ashadeabove.co.uk


This policy was updated on 01 October 2016


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE


WHAT’S IN THESE TERMS?


These terms tell you the rules for using our website HYPERLINK “http://www.ashadeabove.co.uk” http://www.ashadeabove.co.uk (our site).


WHO ARE WE AND HOW TO CONTACT US


http://www.ashadeabove.co.uk is a site operated by A Shade Above Limited (“We”). We are registered in England and Wales under company number 3966726 and have our registered office at The Old Casino, 28 Fourth Avenue, Hove, East Sussex BN3 2PJ, UK. Our main trading address is 5 Wellington House, Camden Street, Brighton & Hove, BN41 1DU, UK. Our VAT number is 654 3140 56.


We are a limited company.


To contact us, please email design@ashadeabove.co.uk or phone us on +44 (0)1273 881130.


BY USING OUR SITE YOU ACCEPT THESE TERMS


By using our site, you confirm that you accept these terms of use and that you agree to comply with them.


IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SITE.


THERE ARE OTHER TERMS THAT MAY APPLY TO YOU


These terms of use refer to the following additional terms, which also apply to your use of our site:


Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.


Our Cookie Policy, which sets out information about the cookies on our site.


We currently do not sell any goods or services via this site, which is for information only. Any information provided may be relevant to any sale of purchase but, for the avoidance of doubt, any contract for the sale and purchase of goods and related services will be entered into separately when goods and services are ordered offline on the basis of our standard terms and conditions of sale.


WE MAY MAKE CHANGES TO THESE TERMS


WE AMEND THESE TERMS FROM TIME TO TIME. EVERY TIME YOU WISH TO USE OUR SITE, PLEASE CHECK THESE TERMS TO ENSURE YOU UNDERSTAND THE TERMS THAT APPLY AT THAT TIME. THESE TERMS WERE MOST RECENTLY UPDATED ON 14 FEBRUARY 2017. IF WE START TO SELL PRODUCTS AND SERVICES DIRECTLY VIA OUR SITE THESE TERMS WILL BE REVISED TO GOVERN SUCH SALES. WE MAY MAKE CHANGES TO OUR SITE.


We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes and if we start to sell products or services directly via our site these terms will be revised to govern such sales in accordance with applicable legal and regulatory requirements.


WE MAY SUSPEND OR WITHDRAW OUR SITE


Our site is made available free of charge.


We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.


You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.


YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE


If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.


We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.


If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at design@ashadeabove.co.uk.


HOW YOU MAY USE MATERIAL ON OUR SITE


We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.


You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.


You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.


Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.


You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.


If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


DO NOT RELY ON INFORMATION ON THIS SITE


The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.


Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.


INPUT MATERIAL PROVIDED BY YOU AND INDEMNITY


Where you provide us with any designs, drawings, specifications or other input material to enable us to make a product to your specification you expressly warrant that you either own or control such input material or are authorised to allow us to use it (including for the avoidance of doubt by featuring any images of the products that we make using such input material on this site) for all necessary purposes.


You hereby indemnify us against any and all costs, actions or proceedings whatsoever and howsoever arising from any claim from any third party in breach of the above paragraph.


WARRANTY, DISCLAIMERS AND LIMITATION OF LIABILITY


We warrant that, subject to the Terms and Conditions of Supply, our products shall:


conform in all material respects to any specification given subject to the reasonable tolerances expressed below;


and


be free from material defects in design, material and workmanship (in the event of being given a lampshade to copy or match, we shall use all reasonable efforts to match the design as close as possible to the original, to the extent our current raw materials, fabric availability and developing techniques allow it, and provided that you supply us with the original where possible).


We shall not be liable for any failure of the products to comply with the above:


where such failure arises by reason of wear and tear, wilful damage, negligence of the buyer, or could be expected to arise in the normal course of use of the products;


where some slight variations in dimensions and details are due to the fact that all our lampshades are being produced by hand;


where, because of the very nature of our products, being fragile or delicate they are liable to be damaged and need to be afforded adequate protection;


to the extent caused by your failure to comply with our instructions in relation to the products, including any instructions on installation, operation, storage or maintenance;


to the extent caused by us being instructed to follow any specification or requirement of yours in relation to our products;


where you modify any products without our prior written consent or, having received such consent, not in accordance with our instructions; or


where you use any of the products after notifying us that they do not comply with this clause.


Except as set out in this clause we give no warranties and make no representations in relation to our products.


WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO


Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.


We have no control over the contents of those sites or resources.


OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU


Whether you are a consumer or a business user:


We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Otherwise our liability to you shall be as set out below and shall in any event not exceed the value of the products or services that we supply.


Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products and services to you, which will be set out in our Terms and Conditions of supply.


Where we have been lent or given property for whatever reason such as a lampshade or a lamp base, all due care and attention is made to ensuring its safety and timely return. Save where we have been negligent we are not liable for any damage or loss of property.


We can only accept liability for damaged shades in transit if the box is signed as damaged. We do not have any responsibility over the package once it has been collected by our courier.


We accept no liability for goods damaged in transit when you use your own courier or shippers. Your courier takes sole responsibility for the goods from the point they are signed for by them. Time is not of the essence for delivery.


In the event of any conflict in the limitations of liability that apply in these terms with any limitations set out in our Terms and Conditions of supply the limitations set out in our Terms and Conditions of supply shall take priority. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.


We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:


use of, or inability to use, our site; or


use of or reliance on any content displayed on our site.


In particular, we will not be liable for:


loss of profits, sales, business, or revenue;


business interruption;


loss of anticipated savings;


loss of business opportunity, goodwill or reputation; or


any indirect or consequential loss or damage.


If you are a consumer user:


You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


The exclusions of all other implied conditions, warranties, representations or other terms that may apply to our site or any content on it and the limitations of liability set out above shall apply to the full extent permitted by the law. Your statutory rights as a consumer shall not be affected.


PAYMENT


Our bespoke lampshades are to be paid for on a proforma basis unless credit terms have been agreed. Where customers have a credit account, payment must be made within 30 days.


Prices estimated will be valid for three months, however, may be subject to change. All prices estimated are exclusive of delivery.


WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM


We do not guarantee that our site will be secure or free from bugs or viruses.


You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.


You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.


RULES ABOUT LINKING TO OUR SITE


You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.


You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.


You must not establish a link to our site in any website that is not owned by you.


Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.


We reserve the right to withdraw linking permission without notice.


If you wish to link to or make any use of content on our site other than that set out above, please contact design@ashadeabove.co.uk


LAW AND JURISDICTION


If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.


If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.