Beadeze – Terms and Conditions
These Terms and Conditions are the standard terms and conditions that apply to the sale of Products and Services by us, Beadeze, a company in England, whose address is Bedford i-kan Business Centre, 38 Mill Street, Bedford MK40 3HD (“we/us/our”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract for the purchase and sale of the Products, as explained in clause 3;
“Customer” means you, who is placing an Order with us;
“Participant” means any individual that has been booked on to the Services by you;
“Products” means the Products including the kit of materials which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);
“Quotation” means our quotation to carry out the Services which, unless otherwise stated, remains open for acceptance for a period of 30 days and sets out the entire scope of Services to be provided;
“Services” means any workshops and courses we may offer;
“Order” means your order for the Products;
“Booking” means the provisional Booking of the Services, and will be confirmed in the Order Confirmation;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 3; and
“Website” means www.beadeze.com
“Workshop” means the creative group session as specified in the Order.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing” and “written” includes emails and similar communications;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as may be amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
1.2.4 a clause is a reference to a clause of these Terms & Conditions;
1.2.5 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to persons shall include corporations.
2. Access to and Use of Our Website
2.1 Access to our Website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Website.
2.2 Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.
3. The Contract
3.1 These Terms and Conditions govern the sale of all Products and Workshops by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Website will guide you through the ordering process.
3.2 If placing an Order online, before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it and making payment. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
3.3 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept.
3.4 We then send an Order Confirmation to you by email; this is NOT contractual acceptance of our ability to provide this product, it is an acknowledgement that we have received your offer, and should the Products be available as detailed on our Website then you have entered into a legally binding agreement to purchase the Products.
3.5 Once we have received confirmation that the Products or the Workshop place are available and payment has been authorised, we will contact you via email to let you know that your order has been processed for delivery or you are booked onto the Workshop.
3.6 If we, for any reason, do not accept or cannot fulfil your Order, any payment we have taken will be refunded to you as soon as possible (in any event, within 14 days).
3.7 Once your Order has been accepted as detailed in clause 3.5, it is your responsibility to notify us of any incorrectly entered order details during checkout.
3.8 For Workshops booked group/directly , we will send you a written Quotation detailing the Services to be provided and our fees. A legally binding Contract between you and us will be formed when you accept our Quotation, either by sending us written confirmation or by sending us a purchase order. The Contract will incorporate, and be subject to, these Terms and Conditions.
4. Description and Specification of Products and Services
4.1 We have made every reasonable effort to ensure that the Products and Services conform to the photographs and descriptions provided in our sales and marketing literature and on our Website. We cannot, however, guarantee that all photographs and descriptions will be precisely accurate. Please note in particular, certain colours may look different to the actual colour of the Products, when displayed on a screen.
4.2 We reserve the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
4.3 We neither represent nor warrant that particular Products will be available. Stock indications are not provided on our Website. If the Products are not available, you will be informed via email as soon as possible and the provisions of clause 3.6 will apply.
5.1 We offer Workshops in-person, via Zoom as well as online. Online includes access to a 6-week course, with 1 module being released each week via a video. A kit of materials would also be dispatched prior to the release of modules.
5.2 When Booking a workshop for us to deliver to you, it is your responsibility to provide us with such information and assistance relating to the Services as we may reasonably require. If you fail to do so, we cannot be held responsible for the quality and/or outcomes of the Services we have provided.
5.3 When we are delivering a workshop to you, you will be required to provide the venue and facilities, and we will provide the materials.
5.4 The Workshop is for 3-hours with a maximum of eight Participants.
5.5 You are responsible for the Participants at all times. Should the behaviour of a Participant prove disruptive at any stage during the provision of the Services, at our sole discretion, we will be entitled to request the immediate removal of said Participant.
6. Price and Payment
6.1 The price of the Products will be that shown on our Website at the time of your Order.
6.2 The price of our Services will be as outlined on our Website. Our prices may change at any time but these changes will not affect Bookings that we have already accepted.
6.3 If you book directly with us, you will receive an invoice for the provision of our Services which must be paid in full immediately upon receipt.
6.4 All Products are priced in pounds sterling and exclude delivery charges unless otherwise stated which will be applied at checkout before you complete your order.
6.5 We have made every reasonable effort to ensure that our prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
6.6 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
6.7 All prices include VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
6.8 Delivery charges are not included in the price of the Products on our Website. Delivery options and any related charges will be presented to you as part of the Order process, where applicable. Payment for the Products and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
6.9 All payments must be paid via PayPal, either using your card through the PayPal checkout or through a PayPal account.
6.10 Payment for the Products and/or Services (and all applicable delivery charges) shall be made by you at the time of Order.
6.11 We do not accept liability if delivery is delayed because you have provided us with incorrect payment details.
6.12 If it is not possible to obtain payment for the Products or Services using the payment details you have provided, your Order will be withheld until full payment is received by us.
7.1 All Products purchased through our Website will normally be despatched within 10 working days after the date of our Delivery Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control - see clause 14).
7.2 It is your responsibility to provide us with full and correct delivery address details. If your package is returned to us due to an incorrect or incomplete address, you will be charged the full delivery cost to re-deliver your order to a corrected address.
7.3 If no one is available at your delivery address to receive the Products and the Products cannot be posted through your letterbox or left in a safe place nominated by you, Royal Mail will leave a delivery note explaining how to rearrange delivery or where to collect the Products.
7.4 As per Royal Mail’s terms if you do not collect the Products or rearrange delivery within 18 calendar days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the Products. If this happens, you will be refunded the purchase price of the Products themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Products.
7.5 In the unlikely event that we fail to deliver the Products within 30 calendar days of our Order Confirmation (or as otherwise agreed or specified as under clause 9.1), you may treat the Contract as being at an end immediately if:
7.5.1 we have refused to deliver your Products; or
7.5.2 in light of all relevant circumstances, delivery within that time period was essential; or
7.5.3 you told us when ordering the Products that delivery within that time period was essential.
7.6 If you do not wish to cancel under clause 7.5 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
7.7 Delivery will be deemed to have taken place when the Products have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Products.
7.8 The responsibility (sometimes referred to as the “risk”) for the Products remains with us until delivery is complete as defined in clause 7.8, at which point it will pass to you. You own the Products only once we have received payment in full of all sums due (including any delivery charges, where applicable).
8. Faulty, Damaged or Incorrect Products
8.1 By law, we must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Products, please contact us as soon as reasonably possible to inform us of the issue, take a photograph of the Products, send to [email protected] and arrange for the following remedy/remedies:
8.1.1 Beginning on the day that you receive the Products (and ownership of them) you have a 30 calendar day right to reject the Products and to receive a full refund if they do not conform as stated above. In this case you must return the Products as you found them and we will reimburse Delivery costs should we agree to be at fault.
8.1.2 If you do not wish to reject the Products, or if the 30 calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement as long as the stock is available within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Products. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
8.1.3 If, after replacement, the Products still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Products at a reduced price, or to reject them in exchange for a refund.
8.2 Please note that you will not be eligible to claim under this clause 8 if we informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Products to us under this clause 8 merely because you have changed your mind. If you are a Consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return Products for this reason. Please refer to clause 9 for more details.
8.3 To return Products to us for any reason under this clause 8, please contact us to arrange for the return. We will be fully responsible for the costs of returning Products under this clause 8 and will reimburse you where appropriate.
8.4 Refunds under this clause 8 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
8.5 Any and all refunds issued under this clause 8 will include all delivery costs paid by you when the Products were originally purchased and will be made using the same payment method that you used when ordering the Products, unless you specifically request that we make a refund using a different method.
9. Cancelling and Returning Products if You Change Your Mind
9.1 If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel for any reason before we send the Order Confirmation.
9.2 The the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Products.
9.3 If you wish to exercise your right to cancel under this clause 9, you must inform us of your decision within the cooling-off period in writing. Cancellation by email is effective from the date on which you send us your message. Please note that the cooling-off period lasts for 14 whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact us directly to cancel, please use the contact form available on our Website.
9.4 Please note that you may lose your legal right to cancel under this clause 9 if:
9.4.1 the Products are sealed for hygiene reasons and you have unsealed those Products after receiving them;
9.4.2 the Products have been custom-made for you.
9.5 Please ensure that you return Products to us in the condition in which you received them and within 28 days of receipt.
9.6 You may return Products to us by post or another suitable delivery service of your choice. Please contact us to obtain details of the returns address. Please note that you must bear the costs of returning Products to us if cancelling under this clause 9. We will reimburse standard delivery charges in full as part of your refund. However, we cannot reimburse for premium delivery.
9.7 Refunds under this clause 9 will be issued to you within 5 working days from:
9.7.1 the day on which we receive the Products back; or
9.7.2 if we have not yet provided an Order Confirmation or have not yet dispatched the Products, the day on which you inform us that you wish to cancel the Contract.
9.8 Refunds may be reduced for any diminished value in the Products resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if we issue a refund before we have received the Products and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Products have been handled excessively.
9.9 Refunds under this clause 9 will be made using the same payment method that you used when ordering the Products, unless otherwise specifically stated.
10. Cancellations by Us
10.1 We may cancel your Order at any time before we despatch the Products to you, if the Products are no longer in stock and we are unable to re-stock (if, for example, the Products are discontinued); or if an event outside of our control occurs (please see clause 12 for events outside of our control).
10.2 If we cancel your Order and you have already paid for the Products under clause 6, the payment will be refunded to you within 5 working days. If we cancel your Order, the cancellation will be confirmed by us in writing.
10.3 We may cancel the Services for any reason at any time prior to the date of the commencement of the Services. If we cancel (other than under the provisions of clause 10.1) and you have made any payment to us, that/those sum(s) will be refunded to you. The refund will be our sole liability.
11. Our Liability
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
11.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
11.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
11.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information on your rights as a Consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: failure of any sub-contractor, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.
13. Communication, Complaints and Feedback
13.1 If you wish to contact us in writing, please use the contact form on our Website or email [email protected]
13.2 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.
14. How We Use Your Personal Information (Data Protection)
14.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR, and any amendments thereto.
14.2 We may use your personal information to provide our Products and services to you, process your payment for the Products, send our newsletter to you; and/or inform you of new Products available from us. You may request that we stop sending you this information at any time. We will not pass on your personal information to any third parties without first obtaining your express permission.
15.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
16. Third Party Rights
16.1 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
17.1 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms & Conditions and the remainder will be valid and enforceable.
18.1 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
19. Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the non-exclusive jurisdiction of the courts of England and Wales.