Terms and Conditions
The following Terms and Conditions apply to all usage of the The New Craftsmen website. The website is owned by The New Craftsmen.
Company number: 07675871.
Tel: +44 (0) 20 7148 3190
Who we are. We are The New Craftsmen Limited, a company registered in England and Wales. Our company registration number is 07675871 and our registered office is at 12 Clapham Mansions, Nightingale Lane, London, England, SW4 9AQ. Our place of business is at 34 North Row, Mayfair, London W1K 6DG. Our registered VAT number is 154083913.
The Maker. For Made to Order Product(s) or Commissioned Product(s), we may engage the services of one of our Makers.
How to contact us. You can contact us by telephoning our customer service team at +44 (0) 207 148 3190 or by writing to us at [email protected] or by post at The New Craftsmen, 34 North Row, London, W1K 6DG.
How we may contact you. If we have to contact you we will do so by telephone, or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
For the purposes of these terms, the following definitions apply:
"Backordered Product(s)" mean any product(s) not currently in stock, but available to order for delivery at a later date;
"Bespoke Product(s)" mean any product(s) created by a Maker and commissioned by you;
"Bulky Package(s) means boxes, crates and padded bags above 55cm x 55cm x 39cm;
"Private Client" means an individual buying product(s) for purposes which are wholly outside that individual's trade, business, craft or profession;
"Made to Order Product(s)" mean any product(s) presented to you by us to be made to mutually agreed specifications;
"Maker" means the creator of the product(s) being sold;
"Online Product(s)" means any of our product(s) available for dispatch displayed online on our Website;
"Trade Client" means a person buying product(s) relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the Trade Client's name or on the Trade Client's behalf; and
"Website" means www.thenewcraftsmen.com.
"White Glove Shipping" means using a specialist delivery service, experienced in handling fragile product(s) that require extra care at both the packing and delivery stages;
What these terms cover. These are the terms and conditions on which we supply product(s) to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide product(s) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss. The clauses marked with asterisks (**) DO NOT apply to Trade Clients
OUR CONTRACT WITH YOU
1.1 How we will accept your order.
1.1.1 Online Product(s) via online checkout.
(a) You will place the order for Online Product(s) by following the steps in the checkout process, checking your order carefully before confirming it. To successfully place your order you may checkout via either:
(i) an online account with us created by you, which includes a password; or
(ii) a ‘guest’ checkout, which will not require you to create an online account with us.
(b) If you elect to create an account pursuant to clause 1.1.1(a)(i) you must:
(i) keep your account details confidential and not disclose them to any third party; and
(ii) promptly notify us at [email protected] if you know or suspect that anyone other than you knows your username and password.
(c) We have the right to disable any user password for any reason.
(d) Once the procedure outlined in clause 1.1.1(a) is followed, we will send you an acknowledgement email. This is not confirmation of order acceptance. However, it will provide key information, which is also set out below, and which we are obliged to provide according to law before a contract is concluded. You can also receive this information by contacting us on the telephone number above.
(e) We will only accept your order when we send you a second email to confirm this. At this point, a legally binding contract will be formed between you and us and we will dispatch the goods.
(f) Any Online Product(s) within the same order which are not charged for or dispatched at the same time are not included within that same contract.
1.1.2 Email Orders.
(a) For product(s) ordered via email, you can accept the details of an order by making payment via the payment link we provide in our order confirmation email. After payment is made, a legally binding contract will be formed between you and us.
1.1.3 Telephone Orders.
(a) We also accept telephone orders for product(s).
(b) You can accept the details of an order by paying for the product(s) over the telephone or via the payment link contained in an order confirmation email we will send you following the call. The confirmation email will attach our terms and conditions.
(c) After payment is made, a legally binding contract will be formed between you and us. If you have paid over the telephone, we will also send a confirmation email with our terms and conditions attached.
(a) You may request to reserve product(s) via email or over the telephone.
(b) Following our written confirmation that we accept your request, we will hold those reserved product(s) for up to 5 working days.
(c) If you do not place an order within the relevant timeframe we will cease holding those reserved product(s) for you.
1.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product(s). This might be because the product(s) are out of stock, because of unexpected limits on our resources or because we are unable to meet a delivery deadline you have specified.
1.3 Your order number. We will assign an order number to your order and tell you what it is when we accept or confirm your order. It will help us if you can tell us the order number whenever you contact us about your order.
CHANGING YOUR ORDER
2.1 There is no general right of return or cancellation for any orders placed with The New Craftsmen, other than those provided for in law relating to private clients remotely ordering (by ‘phone, e-mail or on-line) which are set out in section 6; and those relating to quality and damage under section 3 and 5
Made to Order and Commissioned products cannot be cancelled and can only be amended in accordance with the terms set out in clause 2.2.
2.2 Yours rights to make changes to your order. If you wish to make a change to the product(s) you have ordered please contact us by telephone on +44 (0) 207 148 3190 or by email at [email protected]. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product(s), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (for Private Clients only see clause 6 - Your Rights to Cancel the Order if you are a Private Client).
2.3 Our rights to make changes to your order. We may make changes to these terms or the product(s), but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any product(s) paid for but not received.
PROVIDING YOUR PRODUCT(S)
3.1 Delivery costs.
3.1.1 Where available, the costs of delivery will be as displayed to you on our Website during the checkout process or explained during the email exchange or telephone call for orders made by email and telephone. We offer a range of insured delivery options for you to choose from. Please note that in each case, the costs of delivery will be added to the total you are required to pay us for the product(s).
3.1.2 Non-standard items. However, for larger items or if your delivery address is in a remote area, we may be reasonably unable to accurately calculate the costs of delivery in advance, and we may need to provide a separate quote for shipping. If that is the case, we will provide a separate quote for shipping by either email with a payment link or a telephone call. If:
(a) after receiving the shipping estimate you notify us that you would like to end the contract; or
(b) on the expiry of 30 days of receiving the shipping estimate, you do not notify us that you would like to proceed with the contract, we will cancel your order and provide you with a refund for any payments taken subject to term 3.4 below.
3.2 When will we provide the product(s). During the order process we will let you know the estimated delivery date in writing.
3.3 We are not responsible for delays outside our control. If our supply of the product(s) is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product(s) you have paid for but not received.
3.4 Given the intricate nature of Backordered Product(s), Bespoke Product(s) and Made to Order Product(s), some reasonable delays may occur. If we notify you of such reasonable delays and you decide to cancel the contract under clause 3.3, we reserve the right to charge you for all expenses and outlays incurred by the Maker up to the date of cancellation together with a further amount calculated and notified to you by us acting in good faith (and our determination shall, in the absence of manifest error, be final and binding on parties) on a pro-rata basis proportionate with the state of completion of the relevant product(s) and as notified to you. The same will apply where you have commissioned a Product prior to receiving a shipping quotation.
3.5 Any deposit amount previously paid by you to us in respect of Backordered Product(s), Bespoke Product(s) or Made to Order Product(s) will be applied against any such amounts due to us on behalf of the Maker under clause 3.4.
3.6 Collection by you. If you are collecting the product(s) from our premises, you can collect them from us at any time during our working hours which are shown on our Website. We do not accept responsibility for orders damaged in transit once they have been collected from us.
3.7 If you do not re-arrange delivery. If you do not collect the product(s) from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, or as otherwise specified by the delivery company, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
3.8 When you become responsible for the product(s). The product(s) will be your responsibility from the time we deliver the product(s) to the address you gave us or to a carrier organised by you to collect them from us.
4.1 Product(s) delivered to destinations outside the EU may be subject to taxes, fees, customs duty, levies or other charges as a result of local legislation or customs formalities. The recipient of the product(s) will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside the EU. If you are ordering product(s) to be delivered to someone else, please make sure they are aware of these additional charges.
4.2 Notwithstanding clause 4.1, for some countries such as the US and Canada, you, the person making the order, may receive a request for payment of these additional charges. In these circumstances, payment by you must be received by the relevant customs authority before delivery of the product(s) will be made.
4.3 We can arrange export packing, complete customs documentation and insurance for export orders and when doing so you agree that we will act on your behalf as exporter of the product(s).
4.4 When we carry out all customs formalities, we will request payment for these charges from you in a separate invoice. We may also need further information from you in relation to such formalities and you must respond to such requests within 5 days of the request being made or else we may cancel the contract.
4.5 If you or the recipient of the product(s) wish to return the product(s), you must request a refund of the customs duties directly with the relevant customs office and must present proof of return.
5.1 We are legally obliged to supply product(s) that conform to the contract, are fit for purpose and are of satisfactory quality. Nothing in this section affects your statutory rights as a Private Client.
5.2 Product(s) may vary slightly from their pictures. The images of the product(s) on our Website and marketing materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the images accurately reflect the colour of the product(s). Your product(s) may vary slightly from these images. Although we have made every effort to be as accurate as possible, because our product(s) are handmade, all sizes, weights, capacities, dimensions and measurements are indicative only. If you require specific dimensions please notify us at the time of ordering.
5.3 Making sure your measurements are accurate. When we are processing Made to Order Product(s) or Commissioned Product(s) from measurements you have given us you are responsible for ensuring that these measurements are correct.
5.4 Colour and other variations. While The New Craftsmen and the Maker(s) will use all reasonable endeavours to match agreed specifications such as but not limited to colour, material finish, shape and dimensions you accept that there may be reasonable variances (and our determination shall, in the absence of manifest error, be final and binding on all parties).
5.5 Guarantee. The product(s) we offer often use traditional techniques and materials. While we guarantee the quality of the product(s) for a period of 12 months from the time of delivery, it should be noted that certain product(s) may react to climatic differences and while we will endeavour to provide care instructions we will reserve our position in relation to climatic and similar impacts on the product(s). In particular, the nature of weaving means that there will be occasional flaws in the fabric. Nothing in this clause 5.5 affects your statutory rights if you are a Private Client.
5.6 How to tell us about problems. If you have any questions or complaints about the product(s), please contact us by the details set out above. We will endeavour to get back to you within 2 working days.
5.7 Your obligation to return rejected product(s). You should unpack and inspect your order immediately on delivery. We must be notified of any damage or if the product(s) are not in accordance with the order with a report and photographic evidence sent to us by email as soon as possible following delivery and in any case within 5 working days. If you wish to exercise your legal rights to reject defective product(s) according to this clause 5 you must return them to us at an address notified to you by us in writing or allow us to collect them from you, in each case, at your cost (subject to clause 5.8).
5.8 Examination. You agree that we (or our appointed agents) may examine and test any product(s) that are claimed to be defective under clause 5.7 to establish whether those defects are our responsibility. Where we need to send the product(s) away for examination and testing, then you will permit us (or our agents) to collect the product(s) from you for that purpose.
5.9 Refund or replacement. When we are satisfied that the product(s) do not conform with the contract; are not fit for purpose; or are not of satisfactory quality you will be offered a replacement or full refund of the original purchase price. This will include both the cost of initial delivery and for the return of the product(s), except for supplementary costs arising if you choose a type of delivery other than, or equivalent to, our standard and least expensive method of delivery at the time the order was made or when returning the product(s). Any refund will be credited to the credit card or bank account used to pay for the product(s).
YOUR RIGHT TO CANCEL (THIS SECTION APPLIES TO PRIVATE CLIENTS ONLY)
6.1 If you are a Private Client and have ordered your product(s) by internet, email or telephone, you may cancel your order for any reason and at any time between placing the order and within 14 days after the product(s) came into your possession (or the last item of a multiple order comes into you possession).
6.2 However, this clause 6 does not apply to:
6.2.1 Made to Order Product(s) or Commissioned Product(s) which are made to your specification;
6.2.2 earrings due to hygiene reasons; and
6.2.3 product(s) which are liable to deteriorate or expire rapidly; and
6.2.4 product(s) that become mixed inseparably (according to their nature) with other items after delivery.
6.3 How to cancel. To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement (e.g. a letter sent by post or email). You can use the model cancellation form below, sending it to our address above or to [email protected]. Cancellation must be made by the person who placed the order.Cancellation formto The New Craftsmen:I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],Ordered on [*]/received on [*],Name of private client(s):Address of private client(s):Signature of private client(s) (only if this form is notified on paper),Date[*] Delete as appropriate
6.4 State of the product(s). We are entitled to deduct an amount from the refund to reflect any loss in value of the product(s) supplied, if the loss is the result of unnecessary handling of the product(s) by you.
6.5 Return of product(s) under cancelled orders. If you wish to cancel an order you must return the product(s) to us, at your cost unless otherwise agreed, at an address notified to you by us in writing. The cancelled product(s) must be dispatched to us within 14 days after the day on which you inform us of your decision to cancel the contract.
6.6 Refund. Provided you have complied with all of your obligations under clauses 6.1 to 6.5 in respect of the product(s) we will reimburse the price of the product(s) and delivery charge (subject to clause 6.7) received from you no later than 14 days after the day on which we receive the product(s) back, or, where we offer to collect the product(s) from you, within 14 days of you informing us of your decision to cancel the contract.
6.7 The refund will include the cost of the initial delivery of the product(s), except for supplementary costs arising if you chose a type of delivery other than our standard and least expensive method of delivery at the time the order was made. The refund will be credited to the credit card or bank account you used to pay for the product(s).
6.8 Returns. Any returns of product(s) which are not made subject to your legal rights under clauses 5 and 6 are at our sole discretion.
OUR RIGHT TO CANCEL
7.1 We may end the contract if you break it. We may end the contract for product(s) at any time by writing to you if:
7.1.1 you do not make any payment to us when it is due and you still do not make payment within 10 working days of us reminding you that payment is due;
7.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s), for example, dimension or colour preference; or
7.1.3 you do not, within a reasonable time, allow us to deliver the product(s) to you or collect them from us.
7.2 Subject to your rights under clause 5 and 6, you must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for product(s) we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
PRICE AND PAYMENT
8.1 Where to find the price for the product(s).
8.2 Subject to clause 8.4:
8.2.1 the price for the product(s) (which includes VAT) will be:
(a) for Online Product(s), the price indicated when you press "Confirm Order" on the checkout page when placing your order; or
(b) as stated in our confirmation email or on the telephone call for email and telephone orders. Such quotations made for Commissioned Product(s) or Made to Order Product(s) are valid for a period of 12 weeks after being made.
8.3 We take all reasonable care to ensure that the price of the product(s) advised to you is correct. However, it is always possible that, despite our best efforts, some of the product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
8.4 VAT for Trade Clients.
8.4.1 Trade prices are generally quoted excluding VAT, with the VAT separately itemised.
8.4.2 Trade clients must provide their VAT number at the time of ordering or when completing their membership form.
8.5 VAT on international payments.
8.5.1 Private Clients**. The total price you pay for the product(s), excluding VAT, will always be the same regardless of the destination or currency paid in, subject to clause 8.7. Additional VAT (or its equivalent tax) will be charged depending on the country of delivery.
(a) For delivery to countries in the EU, additional VAT charged on the product(s) and applicable delivery charge will be either UK VAT or the equivalent tax in the jurisdiction to which the product(s) is to be delivered.
(b) For delivery to countries outside the EU, additional tax charged on the product(s) and applicable delivery charge will not be UK VAT. If the product(s) are delivered to a shipping agent in the UK but for immediate export outside of the EU, it may be possible to refund any additional UK VAT charged. Please notify us in advance of making the order if you plan to have the product(s) delivered directly to a shipping agent or the additional UK VAT charged may not be refunded.
8.5.2 Trade Clients. Trade Clients who are registered with a business outside the EU and request shipping directly to an address outside of the EU must first provide evidence of their registration. Such evidence shall include their company registration number and their billing and shipping address in their country of registration. Invoices will then be provided exempt of VAT or zero rated.
8.6 Method of payment.
8.6.1 We accept payment via the following debit and credit cards: Visa, MasterCard, JCB, Discover and American Express. If you are shopping from outside the U.K, your credit card company will convert the transaction to your own currency. We use the following payment methods for the secure processing of payment:
(a) "Paypal Express Checkout";
(b) Stripe payment gateway; and
(c) bank transfers to our company account.
8.6.2 All personal information supplied by you, including credit card numbers and contact details, is safeguarded on secure servers. A receipt will be dispatched along with your order or sent separately to the billing address if this differs to the shipping address.
8.7 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product(s), we will adjust the rate of VAT that you pay, unless you have already paid for the product(s) in full before the change in the rate of VAT takes effect.
8.8 When you must pay.
8.8.1 Online Product(s) via online checkout process. We will process payment for your Online Product(s) on completion of the contract between you and us as set out at 1.1, above.
8.8.2 Telephone orders. We will process payment for product(s) ordered via telephone when you give your card details over the phone or when you pay via the payment link provided to you in our order confirmation email.
8.8.3 Commissioned Product(s) or Made to Order Product(s). At our option, you must make either full payment or make a 50% deposit once a payment link has been issued via email in respect of the product(s). The balance of monies due for Made to Order Product(s) or Commissioned Product(s) will be payable in full upon notification via email to you of the completion of the product(s) and prior to delivery and, in any event, within 10 working days of such notification.
8.8.4 Payment of the initial deposit or full payment will be treated as confirmation of your order as per the details agreed between you and us in writing at the time of payment and any subsequent changes must be confirmed and agreed in writing pursuant to clauses 2 and 3.
8.9 Production of product(s). Production of your order will start when the payment or deposit is received in full or when all details required by us and/or the Maker to complete the order are received, whichever is the later.
8.10 Delay in receipt of payment or confirmation of specifications. A delay in receipt by us of payment in full or a deposit, or confirmation of the specifications of a Commissioned Product or a Made to Order Product, will lead to a delay in the delivery of your order.
8.11 If you request a delay in delivery. In the case of Commissioned Product(s) or Made to Order Product(s), if you request that the estimated delivery date of the product(s) under clause 4.2 be delayed, storage charges, which are reasonable in our opinion, will become payable after 7 days of the original estimated delivery date.
LOSS OR DAMAGE
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product(s) and for defective product(s) if they have caused damage, death or personal injury.
11.1 Intellectual Property. All intellectual property rights in all product(s), materials, images, text and services provided by us and/or the Maker(s) shall remain solely with us and them. Such intellectual property rights include, without limitation (and unless specifically otherwise agreed), the rights of us and the Makers to display any work in progress and within a portfolio of work. You shall not acquire any right to copy, licence or otherwise acquire any interest in any such rights unless otherwise agreed by us, the Maker and you.
11.2 Security. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
11.3 Our Website. You may link to the home page of our Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.
11.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the product(s) in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) in either the Northern Irish or the English courts.
11.5 Third Parties. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.6 Severability. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the product(s), we can still require you to make the payment at a later date.