Terms & Conditions
Terms and Conditions of Contract
I confirm acceptance of the below Terms and Conditions and in particular, I consent to the use of personal data in condition 6 below.
These terms and conditions (‘Terms and Conditions’) apply to the sale to you by Tend / Stretch (‘Company’) of any product (the “Product”) by any artist/producer (the ‘Artist/Producer’) either at Stretch premises or through trading nationally, internationally or through its websites.
Orders and Prices
2.1 In respect of an order made through Tend / Stretch’s website, the maximum order quantity for any one item is 4. Select the number of items you wish to buy, then click on checkout and enter your personal details onto the form.
Your order will then be sent to Tend / Stretch by e-mail. You can also order by telephone on +44 (0) 207 241 5536 or at firstname.lastname@example.org
2.2 Product prices are subject to change.
3.1 Delivery of the Product shall be made by you collecting the Product from the London premises at the time of purchase or at any other date and time so agreed.
3.2 Tend / Stretch cannot be held responsible for the storage of items that the customer has failed to collect after a period of six months.
3.3 If you purchase the Product through the internet, delivery will be made by Tend / Stretch delivering the goods to the address specified in your order.
3.4 Delivery will be made through Royal Mail or Addison Lee. All delivery charges will be payable by you. Please allow up to 5 days for delivery.
3.5 Delivery to you will be deemed to have occurred once the packaged, stamped and addressed Product is placed with the Courier service, or such other carrier as we may use.
3.6 Where you request for delivery other than in accordance with condition 3.1, Tend / Stretch shall be under no obligation under section 32 (2) of the Sale of Goods Act 1979.
Title and Risk
Title and risk in the Product shall pass to you when Tend / Stretch has received the payment price for the Product in full, in cash or in cleared funds, whether or not delivery has been made. Upon such payment, you will be responsible for the Product, the risk of damage to or loss of the Product will pass to you and you shall be responsible for insuring the same.
Ownership of Copyright
5.1 The Artist has worked with Tend / Stretch and produced the Product as a special commission. The Product was produced with the intention that it will be sold exclusively through Tend / Stretch and its channels. The Artist and Tend / Stretch have agreed that the Product may not be resold and accordingly, you agree that you will not do so.
5.2 In addition, but without prejudice to your undertakings set out at condition 5.1 above, you may not sell or offer to sell the Product on any internet-based site of any description.
5.3 In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Product shall remain the property of the Artist at all times.
5.4 You may not produce any image of the Product and may not, at any time, publish or submit for publication or reproduction of any image of the Product to any third party, including any internet website, for any purpose.
5.5 If you breach any of your obligations set out under condition 5.3 you agree that the payment of damages alone may not be a sufficient remedy to compensate Tend / Stretch or the Artist for any such breach. We and/or the Artist may carry out all or any of the following actions:
5.6 Apply to the Court seeking an Order to prevent you from continuing to breach your obligations under these Terms and Conditions/
5.7 Apply to the Court seeking an Order that the Product or any item or items produced in breach of these Terms and Conditions shall be delivered up to us carriage paid;
5.8 Apply to the Court seeking an Order to require that any items produced in breach of these Terms and Conditions shall be destroyed; or
5.9 Apply to the Court seeking an Order to require that any offer for sale or image of the Product placed by you (whether directly or indirectly) on any internet website is removed.
5.10 The list set out above is not exhaustive and you will indemnify us in respect of the cost of any steps taken pursuant to condition 5.5 as a result of your breach of these Terms and Conditions.
6.1 By signing these Terms and Conditions, you confirm that you are aware of and consent to the use by Tend / Stretch of any personal data within the meaning of the Data Protection Act 1998 and that Tend / Stretch may create and maintain computer and paper records, collect, hold, control, use and transmit personally identifiable information obtained from you in the course of the purchase of the Product.
6.2 By agreeing to these Terms and Conditions you consent that such personal data may be used for promotions connected with Tend / Stretch.
6.3 You consent to Tend / Stretch revealing personal data to the Artist should you breach these Terms and Conditions.
Liability of Tend / Stretch
7.1 Except in respect of death or personal injury caused by Tend / Stretch’s negligence, Tend / Stretch shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Tend / Stretch, its employees, agents, sub-contractors or otherwise) which arise out of or in connection with the sale of the Product or its use by you and the entire liability of Tend / Stretch under or in connection with the sale of the Product to you shall not exceed the total sum paid under the invoice for the Product.
7.2 Tend / Stretch does not accept any liability for damage to the Product caused by your own negligence or fault, in particular, but not restricted to, in the maintenance of the Product.
Rights of Third Parties
No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms and Conditions other than in respect of condition 5 above, which confers a benefit on the Artist and is intended to be enforceable by the Artist.
You have 14 calendar days to cancel your order under the Consumer Contracts Regulations. The cooling-off period starts the day you receive your order. Sale items, customised and made-to-order goods are non-refundable. Delivery costs are non-refundable and undertaken by the customer.
No failure or delay by Tend / Stretch in exercising any right, power or privilege shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts.
Nothing contained in these Terms and Conditions affects your statutory rights.