PRESTIGIOUS TERMS OF SALE

1. Who we are. We are Prestigious Textiles Limited (company number 02219358) with registered address at 4 Cross Lane, Westgate Hill Street, Bradford, West Yorkshire, BD4 0SG. You can contact us by either by email at mail@prestigious.co.uk or by telephone on 01274 688448.

2. Basis of Contract. Each order (Order) placed by you for samples available on our website from time to time (Samples) shall constitute an offer to purchase the Samples, which we shall be free to accept or decline in our discretion. No Order is accepted until we confirm to you by email that we have accepted the Order (Order Acceptance), at which point a binding contract is formed incorporating the terms and conditions set out in this document (the Contract). The terms and conditions in this document apply to the exclusion of all other terms.

3. Samples. Samples are intended as a representation of the colour and texture of a fabric or wallpaper and therefore may not show the full design. We aim to display colours accurately on our website, although we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Samples. Your Samples may vary slightly from those images.

4. Delivery. The costs of delivery will be as displayed to you on our website. During the order process we will let you know when we will provide the Samples to you. We aim to provide Samples to you within 10 days of Order Acceptance, however this timeframe is an estimate only and time shall not be of the essence in this regard. If the provision of the Samples is delayed by an event outside of our control, we will contact you as soon as possible to let you know but will not be liable for such delays. The Samples will be your responsibility and property from the date on which we deliver the Samples to the address you gave us in your Order.

5. Your Obligations. You shall, in a timely manner, provide any materials and information we reasonably require in order to fulfil our obligations under the Contract and ensure they are correct.

6. How to Pay. The price of the Samples will be as quoted on our website. Prices may change from time to time but will not affect any Contract entered into prior to such changes. The price of the Samples includes VAT (where applicable) at the current rate. You will be asked to insert your payment details in order to complete your Order. We will not take payment from you until we have accepted your Order, and the Contract has been formed. Our third-party provider, Snipcart, will process payment. If we are unable to take payment from the details provided, we will not be obliged to deliver the Samples to you and the Contract will be deemed terminated by you.

7. Data Protection. We do not store or process your credit card details on our systems, any credit card details you provide are processed by our payment provider, Snipcart. Any personal data we do collect in the supply of the Samples will be collected in our capacity as a controller and will be used to (a) provide the Samples, (b) process your payment for the Samples and, (c) inform you about similar services that we provide (unless you have indicated that you do not want to be informed), but you may stop receiving these at any time by contacting us. Further details of how we will use your personal information can be found in our privacy policy.

8. Termination. If you are a consumer customer you have 14 days after the day we send you the Order Acceptance to change your mind about the Samples. To end the Contract with us, please let us know by printing off the cancellation form set out at the end of these terms and conditions and posting it to us at the address on the form or simply writing to us at the address, including details of what Samples you ordered, when you ordered them and your name and address. If you are entitled to a refund under the Contract, we will refund you the price you paid for the Samples by the method you used for payment.

9. Limitations of Liability. Subject to clause 11, our total liability, whether or not arising pursuant to an indemnity, in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising because of or in connection with the performance or contemplated performance of the Contract will, in respect of all claims (connected or unconnected) be limited to an amount equal to the price paid for the Samples in respect of which the liability has arisen.

10. Exclusions of Liability. Subject to clause 11, we will not be liable, whether or not arising pursuant to an indemnity, in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise for: loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

11. No Limits on Certain Liabilities. Nothing in these terms and conditions shall limit or exclude our liability for: death or personal injury caused by our negligence; fraud or fraudulent
misrepresentation; or any liability that is not permitted to be excluded by law.

12. Entire Agreement. We intend to rely on your Order and these terms and conditions. If you require any changes, please make sure you ask for them to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.

13. Third Parties. No term of the Contract will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to it.

14. Variation. We may revise these terms and conditions from time to time. Every time you order any Samples from us, the terms in force at that time will apply to the Contract between you and us. These terms and conditions set out the whole of our agreement and will not be varied without our written consent.

15. Law and Jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts. If you are a consumer customer and you live in Scotland, you can bring legal proceedings in respect of the Course in either the Scottish or the English courts. If you are aconsumer customer and you live in Northern Ireland, you can bring legal proceedings in respect of the Course in either the Northern Irish or the English courts.