Tania International Design Ltd

Company Number: 11636447

Reference: REM2A

Our Terms & Conditions informs the client of how we supply any of our products listed on our various online catalogues: www.taniainternationaldesign.com, Facebook, Instagram, TaoBao & WeChat. Also includes orders made over the telephone, email, letter or through direct sales in our showrooms, exhibitions or events. Please read these Terms and Conditions carefully before placing an order with us.  You should understand that by ordering any of our Products, you agree to be bound to these Terms and Conditions.

TANIA INTERNATIONAL DESIGN LTD is a company registered with Companies House (www.gov.uk/companieshouse) in the United Kingdom under number 11636447 and whose registered office is at 48 Wickham Avenue, Cheam, Surrey, SM38DU.

 

1. Ordering

 

1.1 These Terms and Conditions apply to all products supplied by TID. TID products include all products in our Practice-Wear range as well as stock produced to customer’s specification (TID Bespoke Products and/or Services). Our Practice-Wear products and our Bespoke Products and/or Services shall henceforth be referred to as ‘Products’ in these Terms and Conditions where the context is required.

1.2 Our procedure for provision of Bespoke Products and/or Services by TANIA INTERNATIONAL DESIGN (TID) is set out on our online catalogue (www.taniainternationaldesign.com) or as explained by an authorised TANIA INTERNATIONAL DESIGN sales representative.

1.3 Product orders can be placed via our various online catalogues: www.taniainternationaldesign.com, Facebook, Instagram, TaoBao & WeChat. Also includes orders made over the telephone, email, letter or through direct sales in our showrooms, exhibitions or events. Any order placed for Products are subject to these Terms and Conditions.

 

2. Basis of Purchase

 

2.1 By placing an order through our online catalogue, or via the other methods set out at Clause 1.3 (above), you warrant that you are legally capable of entering into binding contracts and that you are over the minimum age of 18 years old. All orders are subject to acceptance by us.

2.2 Once the Products are ordered, you will:

  1. receive an invoice detailing your order and your order total to the address supplied by the client.
  2. for Bespoke Products and/or Services, a specification will be agreed and confirmed between TANIA INTERNATIONAL DESIGN and you.
  3. for all other orders, an acknowledgment of your order is only provided upon request by you, otherwise the order is fulfilled in accordance with these Terms & Conditions.

2.3 Delivery dates for Products are estimated and we will use all reasonable endeavours to deliver the Products to you by the estimated delivery date provided to you by us in accordance with the following:

  1. for Bespoke Products and/or Services, we will deliver at the agreed date in our confirmation of your order.
  2. for Practice-Wear we will dispatch as soon as we receive confirmation of order (payment).

If we delay beyond our anticipated dispatch time (eg, we are out of stock), we will endeavour to contact you as soon as possible to advise you of an expected delivery date, or agree alternative options with you.

2.4 No variation to the order or these Terms and Conditions shall be binding unless agreed in writing by either Sidney Chong (Managing Director) or Tania Long (Lead Designer).

 

3. Orders and Specifications

 

3.1 Orders are only deemed to be accepted by TANIA INTERNATIONAL DESIGN when formal acceptance has been issued, such formal acceptance being either in the form of a written Order Confirmation signed by Sidney Chong (Managing Director) or Tania Long (Lead Designer), or in the form of Products being despatched. The contract between us will only be formed when we accept your order and will only relate to those Products whose order we have accepted.

3.2 If you wish to have Bespoke Products and/or Services provided to you, then you accept that TANIA INTERNATIONAL DESIGN has no liability for errors or defaults in Bespoke Products and/or Services which are caused by erroneous specifications supplied to TANIA INTERNATIONAL DESIGN by you or your authorised representative. More specifically, if the Bespoke Product and/or Service that you have ordered is a dress that is being designed/created on your behalf, then if you complete the Measurement Chart available on the Website for us to work from, then TANIA INTERNATIONAL DESIGN shall not be liable in respect of any problems arising as a result of incorrect measurements being provided by you.

3.3 Any specifications, measurements or designs supplied by you or any designs specifically produced by TANIA INTERNATIONAL DESIGN in connection with the purchase of Products together with copyright, design right or any other intellectual property rights shall at all times vest in and remain the exclusive property of TANIA INTERNATIONAL DESIGN. You agree to indemnify us in respect of any losses, damages, costs or expenses that TANIA INTERNATIONAL DESIGN may suffer as a result of any infringement of third party intellectual property rights or other proprietary rights, resulting from the specifications, measurements or designs supplied by you.

3.4 TANIA INTERNATIONAL DESIGN shall not be liable in respect of any alleged defect in the Products as a result of any specification made by you against the advice of TANIA INTERNATIONAL DESIGN.

 

4. Prices & Payment

 

4.1 The price of the Products will be quoted on our online catalogue, through face-to-face meetings with a member of TID Staff or on the Products themselves at our showroom or at exhibitions or events. Alternatively, if there are additional costs in relation to the design and creation element of TANIA INTERNATIONAL DESIGN’s services (including but not limited to the Bespoke Products and/or Services), then such costs will be confirmed to you prior to an order for the Products being placed with us, or at such time as any additional alterations are requested by you. The price shall be confirmed to you at the time we confirm your order and the contract between us comes into existence. TANIA INTERNATIONAL DESIGN reserves the right to make any changes to the prices as necessary without notice, however such changes will be made and notified to you prior to the contract between us coming into existence. In particular, TANIA INTERNATIONAL DESIGN reserves the rights to charge the correct price for Products if an incorrect price has erroneously been published in any marketing material including printed material, electronic media, and all other forms of communication.

4.2 All prices include VAT but exclude despatch charges. Despatch costs are dependent upon the size, weight and destination of the parcel as well as the speed of delivery required.

4.3 Payment to TANIA INTERNATIONAL DESIGN is required in advance of delivery unless specific credit arrangements are agreed in writing. For Bespoke Products and/or Services (including Competition/Evening Dress creations), a deposit of £300 (or more) may be required before any work commences. Such deposit is payable at the time of confirming your order before the design. Payment must be made in advance for Products, or on terms individually agreed to by us in writing. In the event that payment is not made on the due date TANIA INTERNATIONAL DESIGN reserves the right to:

  1. withhold delivery of any further Products;
  2. require advanced payment on all Products; and

4.4 When you return any Products to us we will process the refund due to you as soon as possible, and in any case within fourteen (14) days of the day you have given notice of your cancellation.  In this case we will refund the price of the Product in full, excluding the cost of sending the item to you.  You will be responsible for the cost of returning the item to us.

  1. for any other reason (for example, a Product is defective), we will examine the returned Product and will notify you of your refund within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day we confirmed to you that you were entitled to a refund for the defective Product.
  2. if in your opinion a Bespoke Product requires alteration or amendments, then please discuss this with us as early as possible, or immediately upon receipt of your order.

4.5 TANIA INTERNATIONAL DESIGN accepts payment in Pounds Sterling (GB£). Payments can be made by cash or online bank transfer. By arrangement, invoices can be raised and payment made instead in Chinese Yen (RMB ¥)

 

5. Consumer Cancellation rights

 

5.1 You may cancel a contract with us at any time within fourteen (14) working days – beginning on the day after you receive the Products. Unless the Product ordered is a Bespoke Product and/or Service and work in connection with the Bespoke Product and/or Service has commenced, in which case the right to cancel shall cease upon commencement of any work in connection with the Bespoke Products and/or Services.

5.2 If you are entitled to cancel your contract with us in accordance with Clause 5.1, you will receive a refund of any price paid for the Products in accordance with our refunds policy.  No refunds shall be made to a customer after the seven (7) working day period.

5.3 To cancel a contract in accordance with Clause 5.1, you must inform us in writing.  You must also return the Product(s) to us within 14 days of your notification to cancel the contract, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession.  If you fail to comply with this obligation, we may have a right of action against you for compensation.

 

6. Delivery

 

6.1 Delivery of the Products shall be made by TANIA INTERNATIONAL DESIGN to you, either by posting the Products to you, by courier or other suitable method of transport, or by collection of the Products from our showroom, as notified to you by us.

6.2 Any dates quoted for delivery of the Products are approximate only and TANIA INTERNATIONAL DESIGN shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by TANIA INTERNATIONAL DESIGN in writing.

6.3 Any charges relating to import tax, duty or Customs clearance of Products into a country designated by you shall be paid for and arranged by you. TANIA INTERNATIONAL DESIGN reserves the right to not deliver Products to a specific country designated by you.

6.4 If delivery of an order is rejected by you for any reason whatsoever TANIA INTERNATIONAL DESIGN reserves the right to reject a full refund as there may be other charges incurred for return of the Product.

6.5 TANIA INTERNATIONAL DESIGN must be notified of any shipments which may have been tampered with or of any Products missing from deliveries within 48 hours of receipt of such deliveries. Until the matter is resolved you must keep all packaging and documentation relating to such shipments.

 

7. Risk and Property

 

7.1 The risk of the Products sold will pass to you upon delivery.

7.2 Notwithstanding delivery and passing of risk in the Products or any other provision of these conditions, the property and ownership in the Products shall not pass to you until TANIA INTERNATIONAL DESIGN has received in cash or cleared funds payment in full of the price of the Products and all other products agreed to be sold by TANIA INTERNATIONAL DESIGN to you for which payment is then due.

 

8. Warranties and Liabilities

 

TID Products are not toys and are not suitable to be used for playing with by children.  The Products should be kept away from children to avoid any misuse or damage.

8.1 Subject to the terms and conditions set out below, TANIA INTERNATIONAL DESIGN warrants that the Products will correspond with their description in the TANIA INTERNATIONAL DESIGN online catalogue and/or through social media, or to any agreed specification for Bespoke Products and/or Services, if applicable.

8.2 The warranty at Clause 8.1 above is given by TANIA INTERNATIONAL DESIGN subject to the following conditions:

  1. TANIA INTERNATIONAL DESIGN shall be under no liability in respect of any defect arising from fair wear and tear, your wilful damage, your negligence, abnormal working conditions, failure to follow TANIA INTERNATIONAL DESIGN instructions (whether oral or in writing) misuse or alteration or repair of the Products.
  2. TANIA INTERNATIONAL DESIGN shall be under no liability as to the quality of the Products beyond the occasion of their first use.
  3. TANIA INTERNATIONAL DESIGN’s warranty is limited in respect of slight variation in colour, this is due to variation between replication of the beads and decorative products or fabrics during the manufacturing process. TANIA INTERNATIONAL DESIGN does not guarantee colour to be identical to that appearing in the current catalogue or on the Website
  4. No warranty is given by TANIA INTERNATIONAL DESIGN in respect of fitness for the purpose intended by you. It is your responsibility to ensure that Products are suitable for your own purpose.
  5. Any claim by you which is based on a defect in quality or condition of the Products or their failure to correspond with any applicable specification, or description shall be notified to TANIA INTERNATIONAL DESIGN within 14 days of the purchase, posting or delivery of the Products, whichever is the later. In the event that a fault is accepted by TANIA INTERNATIONAL DESIGN, the Products (except Bespoke Products and/or Services created specifically provided on your behalf) will be replaced free of charge by return post subject to availability provided the Products have been returned reasonably packed to us within 14 days of the purchase, posting or delivery of the Products, whichever is the later.  In relation to Bespoke Products, if a Bespoke Product requires alteration in any way, or you claim is defective in quality or condition, then you must notify us when you collect your Bespoke Product from us, or within 14 days of delivery of the Bespoke Product to you so that we can discuss any alleged defect with you in order to undertake any necessary repairs or replacements that TANIA INTERNATIONAL DESIGN deem necessary in its absolute discretion.
  6. Where the Products are sold to a consumer, your statutory rights are not affected by these Terms and Conditions.

8.3 Nothing in these Terms and Conditions excludes or limits our liability for:

  1. death or personal injury caused by our negligence;
  2. matters under section 2(3) of the Consumer Protection Act 1967;
  3. fraud or fraudulent misrepresentation; or
  4. any matter for which is would be illegal for us to exclude, or attempt to exclude, our liability.

8.4 We are not responsible for indirect or consequential losses, liabilities, claims, cost, damages and expenses which happen in connection with a breach by us, or for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract of otherwise, even if foreseeable.

8.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside of our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited to, strikes, lock-outs, riots, civil commotion, acts of terrorism, war, fire, explosions, storms, floods, earthquakes, impossibility of the use of railways, shipping, aircraft, motor transports or other means of public or private transport, or acts of God.  Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

9. General

 

9.1 The contract between us and you is personal between you and us.  You may not transfer, assign, charge or otherwise dispose of this contract or any of your rights or obligations under it, without our prior written consent.  We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any or our rights or obligations arising under it, at any time during the term of the contract.

9.2 If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions and will continue to be valid to the fullest extent permitted by law.

9.3 The parties do not intend that any of these terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

9.4 In these terms and conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

9.5 These Terms and Conditions and any document referred to in them represent the entire agreement between us and in relation to the subject matter of any contract between us for the sale of Products.

9.6 We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the Terms and Conditions in force at the time that you order the Products from us, unless any change to our policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously place by you), or if we notify you of the change to our policies or these Terms and Conditions before we send you any relevant order confirmation.

 

10. In Accordance with United Kingdom Law

 

10.1 The formation, existence, construction, performance, validity and all aspects of these terms and conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.