Our terms
1 These terms
1.1 These are the terms and conditions (“Terms”) on which we supply sculptures to you via our website (“Product(s)”). These Terms will apply to any contract between us for the sale of Products to you made via the website (“Contract”). If you have commissioned bespoke pieces, these Terms will not apply.
1.2 Please read these Terms carefully before ordering any Products from us. These Terms tell you who we are, how we will provide Products 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 that there is a mistake in these Terms, please contact us to discuss. Please note that by ordering any of our Products, you agree to be bound by these Terms.
1.3 We amend these terms from time to time in accordance with clause 4. Every time you wish to order from our website, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on 07/14/2021.
1.4 Please note that some of the terms below (where specified) only apply to you if you are a consumer (i.e. not a business) and other terms only apply to you if you are a business customer. As a guide, please see below.
1.4.1 Clauses 1 – 10 (inclusive) will apply regardless of whether you are a consumer or a business customer (the “General Terms”).
1.4.2 Clauses 11 – 18 (inclusive) and Schedule 1 will apply only if you are a consumer i.e. not a business (the “Consumer Terms”). YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 16 IN RELATION TO LIMITATION OF OUR LIABILITY.
1.4.3 Clauses 19 – 22 (inclusive) will apply only if you are a business (the “Business Terms”). YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 21 IN RELATION TO LIMITATION OF OUR LIABILITY.
General Terms
2 Information about us and how to contact us
2.1 Who we are. We are Mina Feingold Diffusion Ltd, a company registered in England and Wales. Our company registration number is 09028786 and our registered office is at 4th Floor 1 Knightrider Court, London, EC4V 5BJ – UK.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44 7872 468 702 or by writing to us at mina47.50@minafeingold.com or Mina Feingold Ltd, 4th Floor 1 Knightrider Court, London, EC4V 5BJ – UK.
2.3 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 during the order process.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 Our Products
3.1 What do we supply? We sell hand crafted sculptures. The sculptures are works of art and not intended for any other use or purposes.
3.2 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
3.3 We reserve the right to stop selling the Products shown on our website, or in other sales literature at any time.
3.4 Product packaging may vary. The packaging of the Products may vary from that shown in images on our website.
3.5 For the avoidance on doubt, nothing in these Terms assigns any of our intellectual property rights in the Products to you.
4 Our right to vary these Terms
4.1 We may vary these Terms from time to time for any reason.
4.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
4.3 Whenever we revise these Terms, the most up to date version will be uploaded to our website.
5 Our Contract with you
5.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a Contract will come into existence between you and us.
5.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified. Where you have not paid for the Product at the point that we inform you that we are unable to accept your order, we will not charge you for the Product. Where you have already paid for the Product at the point at which we inform you that we are unable to accept your order, we will refund you any amounts paid in advance in full.
5.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
6 Price and payment
6.1 Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure to ensure that the price of the Product advised to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the Product you order.
6.2 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, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
6.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s 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 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 Products provided to you.
6.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards as set out during the order process. You must pay for the Products when you make the order.
6.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7 Providing the Products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the Products to you.
7.3 If no one is able to take delivery of the goods from the delivery address. If no one is available at your delivery address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
7.4 If you do not re-arrange delivery. If you do not collect the Products 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 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 in accordance with these Terms.
7.5 When you become responsible for the goods. A Product which is goods will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us.
7.6 When you own goods. You own a Product which is goods once we have received payment in full.
8 Delays outside our control
8.1 We are not responsible for delays outside our control.
8.2 If our supply of the Products 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.
8.3 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 Products you have paid for but not received.
9 How we may use your personal information
9.1 We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
10 Other important terms
10.1 We may transfer this Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
10.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
10.3 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.
10.4 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.
10.5 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.
Consumer Terms
11 These clauses 11 – 18 (inclusive) shall apply if you are a consumer (i.e. not a business) and should be read in addition to the General Terms.
12 Your rights to end the Contract
12.1 You can always end your Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract. Those rights are set out in more detail below.
12.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back) – see clause 15 for more information.
12.1.2 If you want to end the Contract because of something we have done or have told you we are going to do. If you are ending a Contract for a reason set out at (a) to (c) below, the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the Contract because of something we have done wrong.
12.1.3 If you have just changed your mind about the Product. For most products bought online you have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013. If you have bought a Product from our website, you have 14 days after the day you (or someone you nominate) receives the Product to change your mind unless:
(a) Your Products are split into several deliveries over different days. In this case you have 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.
Note that that refund may be subject to deductions as set out below.
12.2 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
12.2.1 customised, bespoke or personalised products; and
12.2.2 any products which become mixed inseparably with other items after their delivery.
13 How to end the Contract with us (including if you have changed your mind)
13.1 How to end the Contract with us. To end the Contract with us, please contact us by telephone on +44 7872 468 702, or write to us at mina47.50@minafeingold.com or at Mina Feingold Diffusion Ltd, 4th Floor 1 Knightrider Court, London EC4V 5BJ – UK. When writing to us, you can also send us the cancellation form set out in Schedule 1 to these Terms.
13.2 Returning products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must post the Products back to us in their original packaging to the address specified on the return label. Please contact us on +44 7872 468 702 or write to us at mina47.50@minafeingold.com or Mina Feingold Diffusion Ltd, 4th Floor 1 Knightrider Court, London, EC4V 5BJ – UK for a return label. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
13.3 When we will pay the costs of return.
13.3.1 We will pay the costs of return:
(a) if the Products are faulty or misdescribed;
(b) if you are ending the Contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind in accordance with clause 12.1.3.
In all other circumstances you must pay the costs of return.
13.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
13.5 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
13.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
13.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
13.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 10 days at one cost but you choose to have the Product delivered within 5 days at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
13.6.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
13.6.4 If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a product to us, see clause 13.1.
13.6.5 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
14 Our rights to end the Contract
14.1 We may end the Contract if you break it. We may end the Contract for a product at any time by writing to you if:
14.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
14.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, your address; or
14.1.3 you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
14.2 You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 14.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
15 If there is a problem with the Product
15.1 How to tell us about problems. If you have any questions or complaints about the Products, please contact us. You can telephone us at +44 7872 468 702 or write to us at mina47.50@minafeingold.com or Mina Feingold Diffusion Ltd, 4th Floor 1 Knightrider Court, London, EC4V 5BJ – UK.
15.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this Contract to consumers. Nothing in these Terms affects your legal rights.
15.3 If you wish to exercise your legal rights to reject Products you must return them to us. You shall post them back to us at the address on the return label we provide. We will pay the costs of postage or collection. For a return label, please telephone us at +44 7872 468 702 or write to us at mina47.50@minafeingold.com or Mina Feingold Diffusion Ltd, 4th Floor 1 Knightrider Court, London, EC4V 5BJ – UK.
16 Our responsibility for loss or damage suffered by you
16.1 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 Products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
16.2 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.
16.3 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for:
16.3.1 any loss of profit,
16.3.2 loss of business,
16.3.3 business interruption,
16.3.4 loss of business opportunity, or
16.3.5 any indirect or consequential loss.
17 Governing law and jurisdiction
17.1 If you are a consumer you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including this clause 17.1, affects your rights as a consumer to rely on such mandatory provisions of local law. These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts or, if you prefer, in the relevant UK or Irish courts where you live. That means that if you live in Scotland, Northern Ireland or the Irish Republic you can bring legal proceedings in either England or the courts of Scotland, Northern Ireland or the Republic of Ireland respectively.
18 Alternative dispute resolution
18.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact your local Trading Standards Services which can found at https://www.tradingstandards.uk/consumers/support-advice.
Business Terms
19 These clauses 19 – 22 (inclusive) shall apply if you are a business and should be read in addition to the General Terms.
20 By accepting these Terms, you confirm that you have authority to bind any business on whose behalf you order Products.
21 Warranty and liability for the Products
21.1 We warrant that our Products comply with their general description on the website and will be free from material defects in workmanship at the time of delivery.
21.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
21.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
21.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
21.5 Nothing in these Terms excludes liability for:
21.5.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
21.5.2 for fraud or fraudulent misrepresentation; or
21.5.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
21.6 Subject to clause 21.5, we will under no circumstances be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise however arising for:
21.6.1 any loss of profit;
21.6.2 loss of business;
21.6.3 business interruption;
21.6.4 loss of business opportunity; or
21.6.5 any indirect or consequential loss.
21.7 Subject to clauses 21.4 to 21.6, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise howsoever arising, shall in no circumstances exceed the purchase price of the Products.
22 Governing law and jurisdiction
22.1 These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales
Schedule 1 – Model Cancellation Form
(This form can be used if you are a consumer and you wish to exercise your right to change your mind within the 14-day cancellation period.)
To Mina Feingold Diffusion Ltd, a company registered in England and Wales with company number 09028786, with its registered office at 4th Floor 1 Knightrider Court, London, EC4V 5BJ. You can contact us by telephone on +44 7872 468 702 or by email at mina47.50@minafeingold.com
I hereby give notice that I cancel my order with order number: [NUMBER]
My name: _____________________________________
My address: ______________________________________
My signature (only if this form is notified on paper)
______________________
Date _____/______/_____