These terms and conditions are the terms and conditions on which Abigail Borg Ltd and the abigailborg.com website agrees to sell Products to you. If we accept your Order, both of us will be legally bound by these terms and conditions. Any contract between us, whether for use of the site or in relation to the purchase of products or services through the site will be governed by UK law.
1.1 The following terms will have the following meaning in these terms and conditions:
“Designs” the surface pattern I create as shown on the Website;
“I”or “We” Abigail Borg Ltd;
“IPR”means intellectual property rights including copyright, design right, trademarks, patents and any other similar rights whether registered or unregistered existing anywhere in the world;
“Order” an order placed by you via the Website or via telephone to Abigail Borg Ltd for the purchase of Products;
“Price” the price as displayed on the Website for the Products to be purchased by you as indicated in your Order;
“Products” the products produced incorporating my Designs (including, without limitation, wallpaper rolls, samples, fabric rolls, furnishing fabrics and prints) as identified in your Order;
“Website” the website accessible via www.abigailborg.com and all other domain names owned and operated by me linking to the same content; and
“You” “Your” the customer placing an Order via the Website and/or phone.
2. Ordering & Payment
2.1 abigailborg.com accepts payment by Paypal, which is safe and easy to use. You do not have to have an account with Paypal to use it. If you would prefer to send payment via BACS or cheque, please e-mail us at [email protected] and we will send you further information.
Credit or debit cards are not accepted at the moment, sorry.
2.2 All payments must be in UK Pounds Sterling. The exchange rate that will apply is determined by your card issuer. Please contact your card issuer for further information on the applicable rates of exchange. You agree that we may issue you with invoices in electronic form by email.
2.3 In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you are granted a cancellation period of seven working days from the date of submission of the Order. Notice of cancellation must be in writing and must be sent by email to [email protected]
2.4 Full payment is required before dispatch of goods, including any outstanding invoices.
2.5 By submitting an Order, you will be deemed to accept these terms and conditions.
3. Dispatch & Delivery
3.1 On receipt of payment for an Order, delivery of the relevant products will be made to you at the address stated by you in the Order.
3.2 Acknowledge and accept that we are reliant on supply chains (including third party printers) in fulfilling Orders. In the event that an Order is placed which cannot immediately be fulfilled as a result of reliance on third party suppliers, we will inform you as soon as practicable and delivery may be delayed until such time as stock is available.
3.3 We currently aim to dispatch products within 5 working days of receiving the Order. Dispatch date will be confirmed on receipt of full payment. Special methods of carriage and insurance can be arranged at extra cost.
3.4 Depending on the size of the Order, UK orders are delivered using Royal Mail or a courier service, where you will be supplied with tracking number and information on both accounts. Please allow 3-5 working days for your Order to arrive.
3.5 International Orders will be delivered using Royal Mail Airmail with Proof of Postage being obtained for each package. Should a Customer want a tracking number with services such as Royal Mail International Signed For or a courier service, this will be calculated on receipt of an order. Please allow one to three weeks for your Order to arrive.
3.6 IMPORTANT – CUSTOMS & DUTY. Please note that all shipments to OUTSIDE the UK (United Kingdom) may be subject to import duties and taxes, which are levied once a shipment reaches that country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If your Order does incur import duties and taxes by your local customs authority in your country, then these will need to be paid direct by you to them before they will release your shipment. Customs policies vary widely from country to country, so you may want to contact your local customs office for further information. You agree to indemnify us in full in respect of any such duties and taxes.
4. Returns Policy
4.1 In the event that any products Ordered by you are lost or damaged in transit, please contact us immediately via email at [email protected].
4.2 In the event that any products delivered to you pursuant to your Order are damaged or of a quality or specification which is reasonably less than that represented on the Website or requested in the Order, please contact us within 24 hours of receipt. We will ask you to return the damaged or faulty goods to us straight away. Shipping charges on returned merchandise are at the customers expense and we recommend registered post as we will not be responsible for goods lost or damaged in transit. Postage will be refunded only if goods are faulty or an error has been made on our part.
5. Production Information
Unless stated otherwise, all Abigail Borg Ltd products are designed, manufactured and/or printed in the UK. This is done to support British craftsmanship and reduce our carbon footprint.
On delivery of your Order, please check all rolls for faults before hanging, as well as checking all have corresponding batch numbers. The customer should only hang 3 drops before reporting a fault and should contact Abigail Borg Ltd immediately if a fault is found.
Please order enough rolls needed for the job, as it is not guaranteed any additional rolls with corresponding batch numbers will be available once your Order has been dispatched. Batch numbers can be found on the label as well as on your Order Receipt. Any unopened rolls can be returned as long as they are in the same condition as when dispatched.
On occasions rolls of wallpaper are opened to be used for taking samples from. This can leave several metres available should a customer only need a small amount to finish a job. Please email [email protected] for further information.
Please note that colours will vary from what you see on-screen to the actual wallpaper, and should be used as a guide only. It is recommended to order a sample or visit your nearest stockist.
On delivery of your Order, please check the fabric for any faults. Cut lengths of fabric cannot be returned or exchanged, unless found to be faulty.
Please order enough fabric for the job, as it is not guaranteed any additional fabric with corresponding batch numbers will be available once your Order has been dispatched. Batch numbers can be found on your Order Receipt.
Please note that colours will vary from what you see on-screen to the actual fabric, and should be used as a guide only. It is recommended to order a sample or visit your nearest stockist.
On delivery of your Order please check the cushion for any faults.
All cushions are hand finished, so each one may vary ever so slightly in size (45cm: +/- 2cm).
Positioning Of Pattern: As each product is individually handmade to order, the exact positioning of the pattern may differ to the photograph on our website.
Please note that colours will vary from what you see on-screen to the actual cushions, and should be used as a guide only. It is recommended to order a fabric sample or visit your nearest stockist.
6.2 Fraud Prevention and Detection: Payments for my Products may be made by you to Abigail Borg Ltd via the Site. We have systems that protect Abigail Borg Ltd and our customers against fraud. Accordingly, we may disclose your credit or debit card details to fraud prevention or other similar agencies. If you provide us with fraudulent or misleading information and we suspect fraud, we will make appropriate records.
6.3 “Cookies” are electronic tags sent to an Internet browser by an Internet server. A cookie takes the form of a text file message called “cookie” which identifies the end-user Internet Protocol (IP) address. Each time the Internet browser accesses the Internet server, a cookie.txt message is sent back to the Internet browser by the Internet server and is stored automatically on the computer hard-drive of your PC. A cookies purpose is to identify users Internet activity and personalise their visit to websites by customising web pages for them.
6.4 Mailing List: We will never pass any of your details on to any 3rd party. You may occasionally get an email newsletter from us, which you can easily unsubscribe to by clicking the relevant link on the newsletter, or by contacting Abigail Borg Ltd.
7. IPR (Intellectual Property Rights)
7.1 All IPR in the Design remain owned by Abigail Borg Ltd and all IPR in the Products sold by Abigail Borg Ltd pursuant to an Order under these terms and conditions are and will remain owned by me or the relevant supplier of third party Products (as the case may be), and nothing in these terms and conditions will in any circumstances assign, sell or otherwise transfer the IPR in the Designs or Products to you or any other person. Furthermore, you are not granted any licence of the IPR in the Designs or Products by virtue of these terms and conditions.
7.2 Accordingly, Products are sold by me to you for non-commercial use by you as a consumer only and reproductions of the Designs or Products may not be made or re-sold without my express written permission or the express written permission of the relevant third party owner of the IPR in such Products.
7.3 You will be responsible for your use of the Products and you acknowledge and accept that I do not make any representation or warranty about the Products whether express or implied. For the avoidance of doubt, I do not warrant that the Products will not infringe the IPR of any third party.
8. Limitation of Liability
8.1 In no event will I be liable to you, whether in contract, tort, by statute or otherwise for any special, indirect or consequential loss or damage arising out of or in connection with the sale of the Products to you, including without limitation: loss of business and/or Products, loss of goodwill, loss of profits, loss and/or corruption of data and/or damages awarded against you as a result of legal proceedings by any third party in relation to the Products, including any claim that the Products infringe the IPR of any third party. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage will constitute direct loss for the purposes of this agreement.
8.2 I will not be liable to you for any acts, omissions or failures of third party sub-contractors used by me in delivering Products to you pursuant to Orders placed by you under these terms and conditions, including but not limited to intermediary suppliers of Products, service providers for the delivery of Products and service providers of the secure online e-commerce payment system on the Website.
8.3 Nothing in these terms and conditions will limit your statutory rights as a consumer.