Terms and Conditions of the https://decreativeinterior.com website
1. General Provisions
1.1. The owner and administrator of the decreativeinterior.com website (hereinafter "the website") is DeCreative Interior LTD (hereinafter “DECREATIVE”) Commercial Register code 12845388, postal address: Unit 3B, Berol House, 25 Ashley Road, Tottenham Hale, London N17 9LJ England, email: firstname.lastname@example.org.
1.2. These Terms and Conditions of the website are binding on all parties of the website: the manufacturer and owner of products (hereinafter “the Merchant”), a natural or legal person who makes the purchase in the website (hereinafter „the Customer“) and DECREATIVE, the mediator of the Merchant and the Customer.
1.3. The parties of the sales contract, created in the website, when the Customer buys the product (hereinafter „the Product“) sold in the website are the Merchant and the Customer. DECREATIVE is authorized by the Merchant as a broker who sells the Merchant's Products.
1.4. DECREATIVE may set additional terms or regulations to the web page of the website. New regulations will be published in DECREATIVE website, DECREATIVE will not notify the parties about the additional terms.
1.5. DECREATIVE may modify or amend these Terms in time to time. Amended version of Terms will be published, DECREATIVE will not notify the parties about the amended Terms.
1.6. By accepting these Terms, the Customer confirms that they have read the terms of the Sales Contract, agree to them and will follow them. The Customer should read the purchasing conditions of the website and while agreeing, should confirm this by ticking a box in front of the Conditions.
2. Purchase process
2.1. It is possible to purchase Products in the website that have an ‘Add to the cart’ link. The price and availability of the Product may change at any time and without prior notice. If the Customer has placed their order before the price of the Products changes, the price valid at the time of the order shall apply.
2.2. DECREATIVE has the right to withdraw from a Sales Contract entered into via the website and not to hand over the Products ordered in the following events: the Products are out of stock, the Products have an ‘On order’ status in the website (the Products are out of stock) or the price or qualities of the Products have been displayed in the website incorrectly due a system error.
3. Shopping cart
3.1. The Customer may change the quantity of the Products in its shopping cart. In the shopping cart, the Customer can also select products and services that complement the Products chosen by clicking on ‘Related products’.
3.2 The Customer will see the delivery information and its price by clicking „the shopping cart“ and the Customer will be directed to order confirmation page by clicking on the „Check out“ button.
3.3. The Customer will enter the delivery address and the order confirmation should be declared by clicking on the ‘Place Order’ button. The Customer will be directed to the payment page.
3.4. The Customer is also welcome to use coupon code for a discount generated by DECREATIVE. In order to apply the coupon code the Customer should click „View Chart“ on the shopping cart before confirming the order.
3.5. In order to confirm the order and to finalize the purchase the payment should be made.
3.6. The Customer declares to be very careful in placing its order, as this is very critical for the quick and uninterrupted delivery of the products ordered.
3.7. A Sales Contract is deemed as entered into from the receipt of the amount payable according to the confirmation of the order to the bank account of DECREATIVE Interior LTD. DECREATIVE shall not process order confirmations that have not been paid in full.
4. Payment for the Products
4.1. The Customer can pay for the products via an bank transfer.
4.2. It is recommended to use internet banking to ensure the fastest processing.
4.3. After the payment, the website will send The Customer an Order Confirmation and an invoice in 24 hours.
4.7. All the personal data disclosed in the course of visiting the DECREATIVE website and making purchases shall be treated as confidential information. The encrypted data communications line with banks ensures the security of the personal data and bank account information of the Customer. The representatives of DeCreative Interior LTD do not have any access to the respective encrypted data.
5. Delivery and handover of products
5.1. The Products will be delivered to the delivery address entered by the Customer in their order by the Merchant. The Customer will be notified by DeCreative of the delivery by using the contact data indicated upon placing the order. Products ordered will be transported in accordance with the terms and conditions of transport valid at the moment of placing the order.
5.2. The Customers should make sure that the contact data entered when placing an order are correct in order to prevent delays and misunderstandings in the delivery of the Products. DeCreative Interior LTD and a courier company do not assume any liability for the delayed delivery and misunderstandings if these have been caused by the inaccuracy or incorrectness of the data that The Customer submitted during placing The Customer´s order.
5.3. The Products shall only be handed over to the Customer and against a delivery bill. Before signing the delivery bill, the Customer should check the packaging of the Products carefully and if the packaging has been damaged, write a comment on the delivery bill. If the packaging has been damaged, The Customer may refuse to accept the delivery and/or immediately inform DECREATIVE thereof by sending an e-mail to email@example.com.
5.4 The Products shall be handed over to a third person, if they have a letter of authorisation (including in the event that the Customer has indicated a third person in their order as the recipient of the Products). DECREATIVE may authorise third persons (including use a courier service) to deliver the Products.
5.5. If the Customer fails to collect the Products no later than within 14 (fourteen) days from the agreed date of receipt of the Products, it shall be deemed that the Customer has violated the Sales Contract and they do not want the Products. DECREATIVE has the right to unilaterally withdraw from the Sales Contract and request compensation for the damage (e.g. costs of storage of the Products) and settle the damage incurred by DECREATIVE by the amount of money prepaid by the Customer.
5.6. The Customer is obliged to notify DECREATIVE of their delivery address change in 24 hours after the order confirmation. A change of delivery address might incur additional transport fees.
6. Right of withdrawal
6.1. The Customer has the right to withdraw from the Sales Contract entered into in the website without providing a reason within 14 days.
6.2. The term for withdrawal expires 14 days after the day when the Customer or a third person who is not a carrier and has been appointed by the Customer has physically obtained possession of the Products.
6.3. In order to exercise the right of withdrawal, the Customer must notify DECREATIVE of their decision to withdraw from the Sales Contract in a written withdrawal/return form (link) or in free form and submit it to the e-mail address firstname.lastname@example.org.
7. Absence of right of withdrawal
7.1. The Customer has no right to withdraw from the Sales Contract and DECREATIVE reserves the right to not cancel the Customer´s order and accept a returned product if the following circumstances appear:
7.1.1. the Products were delivered to the Customer in sealed packaging, are not suitable for returning due to health protection or hygiene reasons and were opened after delivery;
7.1.2. if the Products were ordered in accordance with the Customer's personal specifications or custom-made according to the conditions set out by the Client.
8. Withdrawal from Sales Contract
8.1. Upon withdrawal from the Sales Contract, DeCreative Interior LTD will reimburse to the Customer all the payments received from the Customer under the Sales Contract, including the delivery costs (apart from additional costs arising from the Customer’s preferred delivery method which differ from the cheapest and most common method of delivery offered by DeCreative Interior LTD), without delay, but no later than 14 days after the day on which DECREATIVE learned of the Customer’s decision to withdraw from the Sales Contract.
8.2. DeCreative Interior LTD will refund the aforementioned sums using the same payment method that the Customer used to make the payment unless the Customer proposes an alternative method of payment. Such refunds do not entail any additional service or other costs for the Customer.
8.3. The Customer must return the Products to the Merchant without delay, but no later than 14 days after they notified DECREATIVE Interior LTD of their withdrawal from the Sales Contract. The deadline is met if the Customer returns the Products being the object of the Sales Contract before the end of the 14-day period.
8.4. DECREATIVE has the right to refuse to provide any refunds until the Merchant has received the Products being the object of the Sales Contract or the Customer has provided DECREATIVE with proof of having sent back the Products, whichever occurs first.
8.5. If the Customer wants to avoid compensating for the decrease in the value of the Products, the Products must be used and tried in the manner as it can be done in an ordinary store and the Products must be returned in their original packaging and in their entirety (all of the items included in the product packaging must be present along with any gifts related to the Sales Contract). All items must be returned in a potentially re-saleable condition and show no evidence of assembly.
8.6. If the Customer uses the Products more than it is necessary in order to ascertain the nature and functioning of the Products or does not return the Products in their original packaging and in their initial full set, the Customer is responsible for the decrease in the value of the Products.
8.7.Direct costs of returning the Products must be covered by the Customer. The Customer is informed about it visibly in the home page, in placing an order page and in online returning form.
8.8. If the condition of the Products that are to be returned has worsened, the Customer is responsible for the decrease in the value if they have used the Products for a purpose other than that necessary for ascertaining their nature, qualities and functioning. In order to ascertain the nature, qualities and functioning of the Products, the Customer may only handle and use the Products to the extent that is usually allowed in store.
8.9. DeCreative Interior LTD has the right to submit claims arising from the decrease in the value of the Products against the Customer no later than within one month of receiving the returned Products.
8.10. If the Customer has used or tried the Products being returned in any other manner than that usually permitted in a store or has used the Products more than it is necessary in order to ascertain the nature, qualities and functioning of the Products, the Customer is responsible for the decrease in the value of the Products and DECREATIVE has the right to deduct this amount from the purchase price subject to payment.
8.11. If the Customer does not agree to the decrease in the value as indicated by DECREATIVE, the Customer has the right to address an independent expert in order to establish it. The costs of an independent expert shall be paid by the party whose position did not prove to be substantiated. If it is impossible to find out such a party, the costs related to the expert assessment shall be divided between the Customer and DECREATIVE in equal parts.
9. Cancellation of the Sales Contract
9.1. The Customer is entitled to cancel order without any extra costs after having paid for it, but before the delivery of the Products. In order to cancel the Sales Contract/Order, please send a corresponding notice and the number of the Sales Contract/Order by e-mail to email@example.com. DECREATIVE will send The Customer a confirmation on the cancellation of the Sales Contract.
10. Principles of data protection and processing
10.4. The Customer is entitled to withdraw their consent for the use of their data for marketing purposes at any time by sending a corresponding e-mail to firstname.lastname@example.org , or to decline further direct marketing offers by following the instructions in a direct marketing offer sent to their e-mail address.
11. Liability and dispute resolution
11.1. DECREATIVE is responsible for all damage incurred by violating these Terms and Conditions to the full extent determined by the applicable legislation in the United Kingdom.
11.2. The Customer is responsible for all damage incurred by violating these Terms and Conditions to the full extent determined by the applicable legislation in the United Kingdom.
11.3. Neither party is responsible for the damage incurred to the Customer as well as the Product delivery delays, should such damage or delivery delay be caused by circumstances beyond DECREATIVE´s control, and occurrence whereof DECREATIVE did not forsee and could not have possibly foreseen (Force Majeure).
11.4. DECREATIVE is not responsible for moral damage caused to the Customer by changing delivery schedule, prices or other terms with these Terms and Conditions.
11.5. DECREATIVE will not compensate the Customer´s expenses that arise from having taken obligations into third parties.
11.6. DECREATIVE will not compensate the Customer for not having used opportunities due to changed delivery schedule, prices or other terms within these Terms and Conditions.
11.7. The Customer is entitled to file complaints with DECREATIVE with regard to non-conforming (defective) Products over a period of two (2) years from the date of their handover. A complaint has to be filed without delay but no later than within two (2) months from detecting a defect of the Products. Upon detecting a defect, the Customer has to take reasonable measures for the preservation and protection of the Products, including not to use the defective Products if this would further deteriorate the condition of the Products.
11.8. If the Products do not conform to the terms and conditions of the Contract, the Customer may exercise the legal remedies provided for in law, including to request the repair or replacement of the Products or to withdraw from the Sales Contract and to return the non-conforming Products.
11.9. DeCreative Interior LTD shall not be liable for the following: for the deterioration of/damage to the Products by the fault of the Customer, for the defects caused by the irregular use of the Products and for the normal wear and tear resulting from the regular use of the Products.
11.10. If DECREATIVE or the manufacturer has granted warranty against defects to the Products, the warranty conditions in written form shall be delivered to the Customer along with the Products and/or shall be made electronically available in the website.
11.11. The Customer has to keep the purchase documents (invoice, contract, etc.) that verify the purchase of the Products from DECREATIVE’s website for the resolution of possible later problems. DECREATIVE has the right not to resolve the problem if a purchase document is missing.
11.12. Complaints concerning the Products purchased in the website can be submitted to e-mail address: email@example.com.
11.13. Defects of the Products shall be resolved according to DeCreative Interior LTD’s Terms and Conditions of Filing Complaints, which form an integral part of the Sales Contract and these Purchase Conditions, and which the Customer has approved before entry into the Sales Contract.
11.14. DECREATIVE shall ensure that the Products sold in the website conform to the standards effective in the United Kingdom. The circumstances highlighted in these standards shall not be deemed as defects of the Products.
11.15. The Customer can ask for information on orders: from Monday to Friday by sending an inquiry to: firstname.lastname@example.org.
11.16. The Customer is entitled to address to a competent supervisory authority, which is the Customer and Market Authority at The, 25 Cabot Square, London E14 4QZ, e-mail: email@example.com. In order to resolve disputes, the Customer may address the Consumer Disputes Committee. The Consumer Disputes Committee is authorized to resolve disputes arising from contracts entered into between the Customer and DECREATIVE that the parties have failed to resolve by way of negotiations. Further information on the resolution of complaints is available at http://www.consumer-dispute.co.uk/.
11.17. The disputes will be solved mutually. If the mutual resolution of dispute is not possible, the disputes are handled according to the United Kingdom legislation in Commercial Court 7 Rolls Building Fetter Lane London EC4A 1NL in England.
12. Other provisions
12.1 The images of products have illustrative purpose.
12.2 The prices and availability of the Products may change without advance notice. In connection with the former, DeCreative Interior LTD reserves the right to cancel the sales transaction and to refund the money to the Customer’s bank account within a reasonable time.
12.3 The website of DECREATIVE reserves the right to cancel the sales transaction if one of the following Products-related problems has occurred: human error in entering the price or technical error in the system (e.g. if a bed worth £700 is sold for £70, this is an obvious error. And therefore DECREATIVE will assume that the Customer would understand that this is an error and the product will not be sold at that price).
12.4 Product information is verified and updated on a regular basis. It may happen that the data have been updated after The Customers last visit. As manufacturer’s data sheets can be incomplete, the product information at DECREATIVE website might be inaccurate. In this event, DECREATIVE website does not assume any liability for the correctness of the product data. However, we recommend that The Customer check the accuracy of product information before purchase by sending an inquiry to: firstname.lastname@example.org.
13. Validity of the Terms
13.1. These DECREATUVE website Terms shall be valid as of September 1st, 2020.