[pl_row pagelayer-id=”23pzm8zdhkcrr43t” 0=””]
[pl_col pagelayer-id=”lu8ym30snnt7jy5k” col=”12″]
[pl_text pagelayer-id=”5708wk8i6zuuef86″ 0=””]
[/pl_text]
[/pl_col]
[/pl_row]
[pl_row pagelayer-id=”RZkOe1OZjvquAg53″ stretch=”auto” col_gap=”10″ width_content=”auto” row_height=”default” overlay_hover_delay=”400″ row_shape_top_color=”#227bc3″ row_shape_top_width=”100″ row_shape_top_height=”100″ row_shape_bottom_color=”#e44993″ row_shape_bottom_width=”100″ row_shape_bottom_height=”100″]
[pl_col pagelayer-id=”3SeskTocIiIu4i73″ widget_space=”15″ overlay_hover_delay=”400″]
[pl_heading pagelayer-id=”WnNNBcLEdkSWCo7Q” heading_state=”normal” color=”#111111″ heading_typo=”Raleway,32,,,,,Solid,,,,”]
TERMS & CONDITIONS[/pl_heading]
[pl_text pagelayer-id=”6CowBF4VsVNDdwWD” ]
Application and entire agreement
1. These Terms and Conditions apply to the provision of the
products and services detailed in our quotation, offer (“Services”) by J&O
Studio, a trading name of J&O Studio Limited a company registered in
England and Wales under number 10690804 whose registered office is at:
45-49, Burch Rd,
Northfleet,
Gravesend
DA11 9NE
And trading office is at 45-49, Burch Rd, Northfleet, Gravesend
DA11 9NE
(“we” or “us”) to the person buying the products and services
(“you”).
2. You are deemed to have accepted these Terms and Conditions
when you accept our quotation or from the date of any performance of the
Services (whichever happens earlier) and these Terms and Conditions and our
quotation, offer (“The Contract”) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement,
promise or representation made or given by or on our behalf.
4. These Conditions apply to the Contract to the exclusion of
any other terms that you try to impose or incorporate, or which are implied by
trade, custom, practice or course of dealing.
Interpretation
5. A ‘business day’ means any day other than a Saturday, Sunday
or bank holiday in England and Wales.
6. The headings in these Terms and Conditions are for
convenience only and do not affect their interpretation.
7. Words imparting the singular number shall include the plural
and vice-versa.
Services
8. We warrant that we will use reasonable care and skill in our
performance of the Services which will comply with the quotation/offer,
including any specification in all material respects, for a reasonable charge.
We can make any changes to the Services which are necessary to comply with any
applicable law or safety requirement, and we will notify you if this is
necessary.
9. We will use our reasonable endeavours to complete the
performance of the Services within the time agreed or as set out in the
quotation; however, time shall not be of the essence in the performance of our
obligations.
10. All of these Terms and Conditions apply to the supply of any
goods as well as Services unless we specify otherwise.
Your obligations
11. You must obtain any permissions, consents, licences or
otherwise that we need and must grant us the access to any and all relevant
information, materials, properties and any other matters which we need to
provide the Services.
If you do not comply with clause 11, we can terminate the
Services.
12. We are not liable for any delay or failure to provide the
Services if this is caused by your failure to comply with the provisions of
this section (Your obligations)
Fees and deposit
13. The fees (“Fees”) for the Services are set out in the
quotation and are on a time and material basis. A quotation will often specify
a price, or it will be clear about how the price will be calculated (for
example, an hourly rate).
In addition to the Fees, we can recover the following from you:
a) reasonable incidental expenses including but not limited to,
travelling expenses, trims expenses, research expenses, fabric swatch expenses,
subsistence and any associated expenses,
b) the cost of services provided by third parties and required
by us for the performance of the Services, and
c) the cost of any materials required for the provision of the
Services.
14. You must pay us for any additional services provided by us
that are not specified in the quotation in accordance with our then current,
applicable hourly rate in effect at the time of performance or such other rate
that may be agreed between us. The provisions of clause 13 also apply to these
additional services.
15. VAT is charged at a standard 20% rate in addition to The
Fees
16. You must pay a deposit (“Deposit”) as detailed in the
quotation at the time of accepting the quotation.
17. If you do not pay the Deposit to us according to the clause
above, we can either withhold provision of the Services until the Deposit is
received or can terminate under the clause below (Termination)
18. The Deposit is non-refundable unless we fail to provide the
Services and are at fault for such failure (where the failure is not our fault,
no refund will be made).
19. You must pay the outstanding balance (‘Balance’) in full
before arranging collection of finished products/services.
20. You must arrange a collection of your processed and ready
order within 7 days from the date you were notified it is ready unless agreed
otherwise in writing.
21. We reserve the right to suspend the Services or not release
finished products, materials or any other items provided or produced if the
balance is outstanding.
Price reduction
22. You can claim a price reduction where repeat performance is
impossible or service cannot be carried out with reasonable skill and care
within a reasonable time and without causing significant inconvenience. A price
reduction can also be claimed where the service is not carried out within a
reasonable time or where we breach a requirement arising from information we
have given about something other than the service itself.
23. The amount of the price reduction will depend on how serious
the breaches are and it can be anything up to 100% of the price. If you have
already paid in full or in part for the service, you may, therefore, be
entitled to some money back.
Cancellation and amendment
24. Services: In most cases, you can cancel within 14 days. If
you agree for the service to start within this time, you will be charged for
any work already done.
25. Digital content: You have a 14 day right to change your mind
and get a full refund on your digital content. You do not have this right to
cancel once a download has started provided you have been told this and have
acknowledged this.
26. We can withdraw, cancel or amend a pro forma if it has not
been accepted by you, or if the Services have not started, within a period of
90 days from the date of the quotation (unless the quotation has been
withdrawn).
27. Either we or you can cancel an order for any reason prior to
your acceptance (or rejection) of the quotation.
28. If you want to amend any details of the Services you must
tell us in writing as soon as possible. We will use reasonable endeavours to
make sure any required changes are made where possible and additional costs
will be included in the Fee and invoiced to you.
29. If due to circumstances beyond our control, including those
set out in the clause below (Circumstances beyond a party’s control), we have
to make any change to the Services, or how they are provided, we will notify
you immediately. We will use reasonable endeavours to keep such changes to a
minimum.
Payment
30. We will notify you of the payment of the Fees due:
a) when we have issued your quotation for the Services
b) on the collection/delivery dates set out in the quotation
c) balance due strictly before the collection of products
d) under exceptional circumstances, we may start provision of
the Services prior to deposit of the Fees. Individual circumstances apply and
each order is considered individually
e) all extra Services ordered after the start of the Services
accepted in the quotation will be put in writing to obtain payment
31. You must pay the Fees due within or before the date and time
of collection/delivery agreed
Time for payment shall be of the essence of the Contract
32. Without limiting any other right or remedy we have for
statutory interest, if you do not pay within the period set out above, we will
charge you interest at the rate of 8% per annum above the base lending rate of
the Bank of England from time on the amount outstanding until payment is
received in full. An administrative fee of up to £100 is applicable in addition
to the interest we charge.
33. All payments due under these Terms and Conditions must be
made in full without any deduction or withholding except as required by law and
neither of us can assert any credit, set-off or counterclaim against the other
in order to justify withholding payment of any such amount in whole or in part.
34. If you do not pay within the period set out above, we can
suspend any further provision of the Services and cancel any future services
which have been ordered by, or otherwise arranged with you. We can then issue
the invoice with three reminders of the remaining balance due immediately and
instructions to collect your order immediately.
35. Receipts for payment will be issued by us only at your
request. Invoice for the provision of the Services will be issued after the
balance has been cleared.
36. All payments must be made in British Pounds unless otherwise
agreed in writing between us.
Subcontracting and assignment
37. We can at any time assign, transfer, charge, subcontract or
deal in any other manner with all or any of our rights under these Terms and
Conditions and can subcontract or delegate in any manner any or all of our
obligations to any third party.
38. You must not, without our prior written consent, assign,
transfer, charge, subcontract or deal in any other manner with all or any of
your rights or obligations under these Terms and Conditions.
Termination
39. We can terminate the provision of the Services immediately
if you:
a) commit a material breach of your obligations under these
Terms and Conditions; or
b) fail to make pay any amount due under the Contract on the due
date of payment; or
c) are or become or, in our reasonable opinion, are about to
become, the subject to bankruptcy order or take advantage of any other
statutory provision for the relief of insolvent debtor; or
d) enter into a voluntary arrangement under Part 1 of the
Insolvency Act 1986, or any other scheme or arrangement is made with its
creditors; or
e) convene any meeting of your creditors, enter into voluntary
or compulsory liquidation, have a receiver, manager, administrator or
administrative receiver appointed in respect of your assets or undertakings or
any part of them, any documents are filed with the court for the appointment of
an administrator in respect of you, notice of intention to appoint an
administrator in respect of you, notice of intention to appoint an
administrator is given by you or any of your directors or by a qualifying
floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency
Act 1986), a resolution is passed or petition presented to any court for your
winding up or for the granting of an administration order in respect of you, or
any proceedings are commenced relating to your insolvency or possible insolvency.
Unwanted orders or changes of mind
40. You must notify us if you no longer want to have the order
completed as soon as possible.
You will be invoiced for the services processed and provided
until the date and time you informed us of your decision not to proceed with
the order. Products ordered as part of the order must be paid for in full and
collected.
Delivery/collection
41. Collection of items from our business premises or premises
of a designated third part by you or your business representative must be
arranged in advance and we shall aim to get your items ready for collection
before you arrive
42. Delivery of ready orders, garments, patterns, fabrics, trims
or any other items, products and materials can be arranged by us on request.
43. We can at any time assign, transfer, subcontract or deal in
any other manner with a logistics courier that offers delivery services to an
address specified by you or your company representative
44. We endeavour to use a logistics courier that offers the speed
of services that meets your expectations. However, we are not responsible for
delivery delays caused by circumstances beyond our control
45. A tracking number and the name of the logistics company will
be provided where possible after the parcel has been sent out to the specified
address.
46. It is your responsibility to ensure someone is present at
the delivery address to sign for the parcel
We will sign you up for a delivery notifications updates where
possible.
47. Delivery fees will be added to the balance due before the
ready order can be released unless agreed otherwise in writing
Storage
48. We store fabrics, patterns, trims, labels, ready to ship
garments and all other items related to your order in-house until they are
ready to be collected within the agreed time period. This period may not exceed
thirty days after the order has been completed as we have to make room for
items from other clients’ items, too.
49. We can at any time ask you to collect some of your items if
our storage facilities are overloaded and if there is no urgent need for
storing your items with us for this period of time.
50. We do not offer storage facilities for fabrics, patterns,
trims, labels, ready to ship garments and all other items related to your order
if the order is cancelled by you or your company representative when your
business is no longer trading, you changed your mind about pursuing your business
further or any other cases where you initiated the order cancellation for a
reason beyond our control regardless of the stage the order processing is at
the time of this notification. (For example, if you decide to put manufacturing
on hold until you obtain further funds for business development or simply
decide that clothing line business is not your cup of tea).
51. You will be given a date and time to collect the unwanted
order within thirty days unless agreed otherwise in writing. Failure to collect
may result in your items being disposed of or we may arrange delivery to an
address we have on the system that relates to your business or your business
representative. You will be invoiced for administrative services and delivery
courier fees due on or before the receipt of the fee and service notification.
Health and safety
52. We follow legal requirements for CDM Regulations 2015 and
understand all the consequences of failure to comply with the act.
Disputes
53. We try to avoid any dispute, so we deal with complaints as
follows: If a dispute occurs customers should contact us info@jostudiosewing.co.uk
to find a solution. We will aim to respond with an appropriate solution within
five working days. We may involve independent authorities where necessary.
54. Disputes can be submitted to the jurisdiction of the courts
of England and Wales or, where Customer lives in Scotland or Northern Ireland,
in the courts of respectively Scotland or Northern Ireland.
Exceptions
55. You cannot make a claim where, despite the service being
carried out with reasonable care and skill, it does not achieve your desired
outcome, unless that outcome has been agreed first.
56. You cannot make a claim where it is you or your business
representative, and not us, who is responsible for things going wrong.
57. If against our advice, you ask us to use inappropriate
materials or methods or to take shortcuts to save money, to use methods that
you think will work, you have no claim to the extent that these materials,
methods or shortcuts give a disappointing result.
58. If we agree to do work on this basis, a request for this
agreement must be put in writing.
59. You cannot claim for the damage you cause by instructing us
to use inappropriate methods; nor can you claim if you simply change your mind
about wanting the goods or services, unless the contract allows you to do so
through a cooling-off period or right to cancel.
60. You have no rights to claim for faults that appear as a
result of fair wear and tear.
Intellectual property and imagery
61. We reserve all copyright and any other intellectual property
rights which may subsist in any goods supplied in connection with the provision
of the Services.
62. We reserve the right to take any appropriate action to
restrain or prevent the infringement of such intellectual property right.
63. Some images on this website belong to J&O Studio
Limited, others to their respective brands and owners with reference made to
images owners where possible. Images are used for illustration and reference
purposes only and cannot be deemed as a final product you expect to buy.
64. Images used on this website cannot be reproduced without
reasonable reference to us or without written consent of J&O Studio Limited
or image owners.
Personal data (for more details refer to our Privacy Policy)
65. We collect your personal data such as contact numbers, email
addresses, billing and shipping addresses and other points of contact for
communication and order processing purposes.
66. We may use your email address for periodic communication and
marketing purposes provided by our Marketing Team.
67. You may unsubscribe from all email communications with us by
clicking the ‘unsubscribe’ button in the email you receive from our Marketing
Team.
68. We do not share or sell your designs, ideas and other types
of data relating to your business ideas and collections to third parties.
Non-Disclosure-Agreements (NDA)
69. All requests for NDA agreements should be placed in writing
with the NDA signed by you or your legal representative.
70. Learn more about NDA agreements or download example
contracts on the www.gov.uk website.
71. We reserve the right to produce and share imagery and case
studies about our Services before/during/after/in action for marketing and
communication purposes, for the purpose of advertising our Services to other
clients be it online, in person, print, TV or any other types of marketing
channels ( including those behind the scenes, during the process, finished
products and processes).
72. We endeavour to link to the owner of the product where
possible.
Liability and indemnity
73. Our liability under these Terms and Conditions, and in
breach of statutory duty, and in tort or misrepresentation or otherwise, shall
be limited as set out in this clause.
74. The total amount of our liability is limited to the total
amount of Fees payable by you under the Contract.
75. We are not liable (whether caused by our employees, agents
or otherwise) in connection with our provision of the Services or the
performance of any of our other obligations under these Terms and Conditions or
the quotation for:
a) any indirect, special or consequential loss, damage, costs,
or expenses or;
b) any loss of profits; loss of anticipated profits; loss of
business; loss of data; loss of reputation or goodwill; business interruption;
or, other third-party claims; or
c) any failure to perform any of our obligations if such delay
or failure is due to any cause beyond our reasonable control; or
d) any losses caused directly or indirectly by any failure or
your breach in relation to your obligations; or
e) any losses arising directly or indirectly from the choice of
Services and how they will meet your requirements or your use of the Services
or any goods supplied in connection with the Services.
76. You must indemnify us against all damages, costs, claims and
expenses suffered by us arising from any loss or damage to any equipment
(including that belonging to third parties) caused by you or your agents or
employees.
77. Nothing in these Terms and Conditions shall limit or exclude
our liability for death or personal injury, losses caused by our negligence, or
for any fraudulent misinterpretation, or for any other matters for which it
would be unlawful to exclude or limit liability.
78. We will issue a full or partial refund in the original form
or payment (or otherwise if agreed in writing) if an item is faulty, not as
described or doesn’t do what it’s supposed to do.
79. We will not issue refunds if you:
a) knew a finished item would be faulty when you ordered it
b) damaged an item by trying to repair it (alter it) yourself or
getting someone else to do it
c) no longer want an item (eg. because it’s the wrong size you
ordered, you no longer want to pursue your fashion business or you are not happy
with your design)
d)ordered a personalised/custom-made item(s) with lack of
knowledge about the manufacturing process, quality of your raw materials that
resulted in the finished item being faulty or not as desired. We will endeavour
to inform you of potential effects of some of your decisions and the effects
they may have on your finished product prior the start of the Services.
However, it is your responsibility to set out finished product specifications
in a clear form, in a timely manner, and ensure the raw materials you provide
to be used in the provision of the Services are fit for purpose of the finished
product.
Circumstances beyond a party’s control
80. Neither of us is liable for any failure or delay in
performing our obligations where such failure or delay results from any cause
that is beyond the reasonable control of that party. Such causes include, but
are not limited to power failure, Internet Service Provider failure, industrial
action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts
of war, governmental action or any other event that is beyond the control of
the party in question. If the delay continues for a period of 90 days, either
of us may terminate or cancel the Services to be carried out under these Terms
and Conditions.
Communications
81. All notices under these Terms and Conditions must be in
writing and signed by, or on behalf of, the party giving notice (or a duly
authorised officer of that party).
82. Notices shall be deemed to have been duly given:
a) when delivered if delivered by courier or other messengers
(including registered mail, electronic mail) during the normal business hours
of the recipient;
b) when sent, if transmitted by fax or email and a successful
transmission report or return receipt is generated;
c) on the fifth business day following mailing, if mailed by
national ordinary mail; or
d) on the tenth business day following mailing, if mailed by
airmail.
83. All notices under these Terms and Conditions must be
addressed to the most recent address, email address notified to the other
party.
No waiver
84. No delay, act or omission by a party in exercising any right
or remedy will be deemed a waiver of that, or any other, right or remedy nor
stop the further exercise of any other right, or remedy.
Severance
85. If one or more of these Terms and Conditions is found to be
unlawful, invalid or otherwise unenforceable, that/those provisions will be
deemed severed from the remainder of these Terms and Conditions (which will
remain valid and enforceable).
Law and jurisdiction
86.
This Agreement shall be governed by an interpreted according to the law of
England and Wales and all disputes arising under the Agreement (including
non-contractual disputes or claims) shall be subject to the exclusive
jurisdiction of the English and Welsh courts.
[/pl_text]
[/pl_col]
[/pl_row]