Terms and conditions of business
1. This website is operated by Cloud Quilting. Terms such as "we", "us" and "our" refer to Cloud Quilting where they are used in these terms and conditions.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to our website, read these terms and conditions and ensure you understand them before making a purchase.
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
7. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
8. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods that you are purchasing.
9. We will contact you to confirm we've received your order and then again (normally within 3 days) to confirm we are processing your order. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
a. We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent;
b. There has been a pricing or product description error;
c. There is a system or procurement failure;
d. You have failed our customer validation checks.
10. Your order will only be accepted by us once your goods have been dispatched.
Modifications to our service and pricing
11. Prices for items are subject to change without notice.
12. We reserve the right to, at any time, modify or discontinue any part of the goods or service that we offer, or any part of content thereof, without any notice to you.
13. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
Return and refund
14. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the item(s) have been created or dispatched. If your order has not been dispatched it may be possible to cancel and refund your purchase.
15. Digital products cannot be returned once they have been dispatched by email to you.
16. You cannot cancel an order for quilts or other goods that are customised and generated specifically in response to your order. Where you place an order for such items you acknowledge your right to cancel will be lost.
17. Personalised patterns generated by a quilt design algorithm. By nature of the calculations involved in automatically generating fabric requirements some fabric wastage is inevitable. The price of personalised patterns reflects these limitations.
18. Prior to purchasing the fabric specified in your pattern, you must read the relevant pattern notes section of the website. We will not be held responsible where customers over purchase fabric either as a result of misreading a pattern, incorrectly converting imperial to metric or in the unlikely event an error occurs in the quilt design algorithm which results in inaccurate fabric requirements appearing in a personalised pattern.
19. If you think there is something wrong with your product, you must contact us by email at: firstname.lastname@example.org. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.
20. We can end our contract with you for a product and claim any compensation due to us if:
a. you don't make any payment to us when it's due and you still don't make payment within 5 days of our reminding you that payment is due;
b. you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the goods.
Liability and indemnity
21. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
22. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
a. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
b. Caused by a delaying event outside our control.
c. Avoidable. Something you could have avoided by taking reasonable action.
23. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
24. These terms and conditions shall be governed in accordance with the laws of Scotland and are subject to the exclusive jurisdiction of Scottish courts. If you live in Wales, England or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
25. These terms and conditions constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.
26. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
27. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.
28. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
29. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
30. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
31. We use your personal data as set out in our Privacy Notice.