We provide bespoke etching services (Services) customising your personal property (Your Goods). We hold a ‘stock’ of designs (Designs) for you to choose from or, alternatively, you can provide us with your own bespoke Design subject to the terms on uploading images set out in our Website Terms of Use and Website Acceptable Use Policy. We may, from time to time, sell other products through our website (Products).
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the Services or Products listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Services or Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services or Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Services or Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Services or Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
Information about us
We operate the website www.etchwork.com. We are Etchwork Limited, a company registered in England and Wales under company number 0752283 and with our registered office and main trading address at Portsmouth Technopole, Kingstone Crescent, Portsmouth, Hampshire PO2 8FA.
To contact us, please see our Contact Us page.
Our Services & Products
The images of Designs and Products on our site are for illustrative purposes only. Many of our Products are made from natural materials where colours naturally vary and which can distress or change over time. If you order Products or Services using these Designs, you acknowledge that these may vary slightly from the images shown on our site.
Where any Products is advertised as a ‘protective case’, ‘protective cover’ or other similar description for other manufacturers’ products, these are designed to protect any item from usual types of fair wear and tear only and they do not offer any protection from abuse, exposure to water or other liquid, extremes of temperature, improper installation or impact (such as from dropping the item). For the avoidance of doubt, our bamboo cases are not sold as protective cases or covers.
All Designs shown on our site are subject to availability. We will inform you by e-mail as soon as possible if a Design or Products you have ordered is not available and we will not process your order if made.
We test all of our Products to ensure they are accurate as to their dimensions, sizes, weights and measurements before they are dispatched to you.
You must supply us with any items of Your Goods on which you want Designs applied and by sending us these items you warrant that you are the legal owner of Your Goods or have all permissions, consents or licences necessary to enter into this Contract from the owner of it. You will indemnify us and keep us indemnified against all and any claims, costs, losses and expenses that we suffer due to your breach of this warranty
All copyright, design rights and other intellectual property rights in or arising out of or in connection with any Services supplied shall be owned by us.
If you send us your own Design then you warrant that you are the sole legal and beneficial owner of the Design or that you have all necessary rights, consents and licences to use the Design in the way envisaged under this Contract and will indemnify us and keep us indemnified against all and any claims, costs, losses and expenses that we suffer due to your breach of this warranty.
Any Designs you send us will only be accepted if sent to us through our website and in the following formats:
AI,
PDF; or
JPEG.
Use of our site
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
How we use your personal information
We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
If you are a consumer
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase Services and Products from our site if you are at least 18 years old.
We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
As a consumer, you have legal rights in relation to Services and Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
If you are a business customer
This clause 6 only applies if you are a business.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Services or Products.
These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any document expressly referred to in them.
How the contract is formed between you and us
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
We will confirm our ability to fulfil your order by sending you an e-mail that confirms that we will supply the Services and/or Products that you requested. If you have requested Services then the email will also request that you send us the items of Your Goods on which you want the Designs to be etched (Confirmation). The Contract between us will only be formed once we send the Confirmation.
On receipt of the Confirmation, if you have requested Services, you:
must send Your Goods by guaranteed mail, courier service or other guaranteed delivery method which requires us to sign for them on receipt;
should ensure that the delivery method selected carries insurance for the full replacement value of the items as Your Goods is at your own risk until we receive it and sign for it; and
should select a delivery method that allows you to ‘track’ the delivery of the Your Goods,
and the date of signature shall constitute conclusive evidence of the date of receipt by us of Your Goods for the purposes of clause 11.1.
If we are unable to supply you with any Products or Services, for example because we no longer stock a Product, a Design is no longer available or because of an error in the price on our site as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products or Services, we will refund you the full amount as soon as possible.
Our right to vary these terms
We may revise these Terms from time to time in the following circumstances:
changes in how we accept payment from you;
changes in relevant laws and regulatory requirements; and
changes in the operation of our business.
Every time you order Products or Services from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
Your cancellation and refund rights if you are a consumer
This clause 9 only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a Contract (under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want a Product and/or Services , you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
However, this cancellation right does not apply once we have started providing the Services (i.e. started the etching of a Design on Your Goods).
Your legal right to cancel a Contract starts from the date of the Confirmation, which is when the Contract between us is formed. You have a period of 7 (seven) working days in which you may cancel, starting from the day after the date that Confirmation is sent. Working days means that Saturdays, Sundays or public holidays are not included in this period.
To cancel a Contract, you must contact us in writing by sending an e-mail to hello@etchwork.com or by sending a letter to Portsmouth Technopole, Kingstone Crescent, Portsmouth, Hampshire PO2 8FA. You can also contact us by telephone on 023 9265 8232. You may wish to keep a copy of your cancellation notification for your own records.
You will receive a full refund of the price you paid for the Products or Services and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.5. If the Products provided were faulty or misdescribed or any Services were substandard or incorrect, please see clause 9.7.
If you cancel a Contract then the following provisions apply where Products have been delivered to you:
you must return the Products to us as soon as reasonably practicable;
unless the Products are faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Products to us;
you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
If the Services provided were substandard or incorrect or a Product is faulty or misdescribed, you must return any items which you believe are affected. On receipt (see clause 7.4) we will inspect the items, if we agree that the Products or Services were faulty, misdescribed, substandard or incorrect:
In relation to Products, we shall either repair or replace the Product free of charge (replacement is on a like for like basis where we continue to stock the faulty product or for a product of similar quality where we no longer stock the Product) or provide you with a full refund in accordance with clause 9.5;
In relation to Services, we will, at our discretion, either repair Your Goods at a recommended or authorised repairer and cover the costs of the repair or replace Your Goods with a similar product of similar quality and, at your request, either:
refund to you the price of the Services, any applicable delivery charges, and any reasonable costs you incur in returning Your Goods to us; or
provide replacement Services on the replacement item free of charge and deliver it to you at our own cost. We shall be entitled to keep any of Your Goods and ownership of it shall transfer to us once a replacement product has been delivered to you.
We refund you on the credit card or debit card used by you to pay.
Details of your legal right to cancel and an explanation of how to exercise it are provided in the Confirmation.
As a consumer, you will always have legal rights in relation to Products or Services that are faulty, defective or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Lien
Delivery
Your order will be fulfilled:
in relation to Services, within 14 days of the date Your Goods is received by us;
in relation to Products, within 30 days of the sending of the Confirmation,
unless there is an Event Outside Our Control. If we are unable to meet any delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver a Product or Your Goods to the address you gave us.
We will send Products by tracked, First Class Royal Mail only but where you have supplied Your Goods, we will return these to you by Royal Mail Special Delivery service or other equivalent guaranteed service. Your Goods and any Products sent to you will be your responsibility from the completion of delivery.
International delivery
We deliver to the UK and all European countries (International Delivery Destinations):
If you order Products or Services from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which Your Property is destined. We will not be liable or responsible if you break any such law.
Price of Products, Services and delivery charges
The prices of the Products and Services will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of the Products or Services you ordered, please see clause 14.5 for what happens in this event.
Prices for our Products and Services may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation.
The price of the Products and Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Product and/or Services in full before the change in VAT takes effect.
The prices of the Products and Services include delivery charges.
It is always possible that, despite our reasonable efforts, some of the Products and Services quoted on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
where a Product or Service’s correct price is less than the price stated on our site, we will charge the lower amount (or refund you the difference). However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Services to you at the incorrect (lower) price; and
if a Product or Service’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product or Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
How to pay
You can only pay for Products and Services using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Visa Electron and Mastercard.
Payment for the Products and Services and all applicable delivery charges are in advance of us dispatching Products or carrying out Services unless otherwise agreed with you in writing.
Manufacturer guarantees
Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Services and Products that are faulty, substandard, incorrect or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Our warranty for the Products
For Services and Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 6 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 17.2.
The warranty in clause 17.1 does not apply to any defect in the Products arising from:
fair wear and tear;
wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
if you fail to operate or use the Products in accordance with the user instructions;
any alteration or repair by you or by a third party who is not one of our authorised repairers; or
any specification provided by you.
If you are a consumer, this warranty is in addition to your legal rights in relation to Services and Products that are faulty, substandard, incorrect or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Our liability if you are a business
This clause 17 only applies if you are a business customer.
We only provide the Products or Services on Your Goods for internal use by your business, and you agree not to use Your Goods (after provision of the Services) for any re-sale purposes after they have been returned to you.
Nothing in these Terms limit or exclude our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
Subject to clause 18.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Subject to clause 18.2 and clause 18.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
Our liability if you are a consumer
This clause 18 only applies if you are a consumer.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Services and Products for domestic and private use. You agree not to use the Products or Your Goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 20.2.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our ability to carry out the Services, deliver Products or redelivery of Your Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Communications between us
When we refer, in these Terms, to “in writing”, this will include e-mail.
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Etchwork Limited at Portsmouth Technopole, Kingstone Crescent, Portsmouth, Hampshire PO2 8FA or by email at hello@etchwork.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see clause 9 for how to tell us this.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
If you are a business, please note that any notice given by you to us, or by us to you, 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.
Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by the laws of England and Wales. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by the laws of England and Wales. You and we both agree to that the courts of England will have non-exclusive jurisdiction.
If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England.
Call direct on 02392 359973
or
Email at support@etchwork.com