Terms & Conditions
ACID (Anti Copying In Design)
"All intellectual property rights in our designs and products (and in the images, text and design of this website) are and will remain the property of (Gaynor Marshall Designs). Any infringement of these rights will be pursued seriously."
All designs, product images and content are the copyrighted property of Gaynor Marshall and Gaynor Marshall Designs, and are not in the public domain. These images, in whole or a portion of, may not be reproduced, copied, projected, used or altered in any way, alone or with any other image(s), by use of computer or any other electronic means, saved to a digital file for personal or commercial use, without the expressed written permission of Gaynor Marshall and Gaynor Marshall Designs. Purchase of products does not transfer copyright. All Rights Reserved.
Tutorials & Free Patterns
I hope you enjoy using my free tutorials and patterns.
They were designed for personal/home use and may not be copied or mass produced/distributed for commercial purposes.
This online shop is protected with the latest web security systems, including encryption and Secure Socket Layers (SSL). These systems are updated regularly. We use Paypal, the World's biggest online payment system, to take credit/debit card payments. All payment details are encrypted and sent through Secure Socket Layer (SSL) as per industry standards and best practice. Alternatively our customers are free to order by post and pay using cheques if they prefer. If payment is made by cheque, goods will only be dispatched once payment has cleared.
Under the terms of the Data Protection Act we are not able to release your details to any other organisation or person without your prior consent. We will therefore not do so. As an existing customer of ours we are permitted to contact you as part of the normal course of conducting business. If, at any point, you no longer wish to be contacted by us, please inform us by email and we will not bother you again. Please be assured, we are not affiliated or related to any other organisation. Consequently, your information will only be kept by this company and not passed on to any third party.
Unless otherwise stated, all deliveries will be made using Royal Mail or Parcel Force. You will not need to sign on receipt. We will endeavour to post items within 3-5 working days. However, during busy times and for bespoke orders please allow up to two weeks. Should there be any problems regarding orders or delivery times quoted, we will make contact via email to keep you updated.
All fabric orders will be sent folded unless otherwise requested. If you require your fabric to be rolled, please contact us for a quote.
We process our payments through Paypal. You are not required to hold an account with Paypal to use this method of payment.
Agreement: Terms & Conditions
Between Gaynor Marshall Designs website and you, the consumer, to use all aspects of this website.
1. General Information
i. We are Gaynor Marshall Designs and our address of establishment is: Studio 48, Atlantic Business Centre, Atlantic Street, Broadheath, Altrincham, WA14 5NQ;
ii. Our electronic mail address is: email@example.com
iii. Our telephone number is 0161 905 3331.
2. Formation of Contract
i. Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us.
a. By placing an order through this website, which contains information on prices, together with a description of the products and services that are available and an explanation of any promotional offers and a method of payment, you will be ageeing unconditionally to the terms and conditions of use.
b. On completing the checkout process you will be given the opportunity to submit an order to us by clicking on the PAY NOW button that appears at the end of the process. We reserve the right not to process your order and accordingly we will notify you immediately by electronic mail if this is the case.
c. If you do not wish to submit an order to us you should return to our homepage.
i. These terms and conditions shall override any contrary terms and conditions published by us or appearing on the website in relation to any order placed by you with us;
ii. If there are any problems with payment, these must be notified to us within 60 days of the date of the order. If there is any problem with any order we deliver to you, you must notify us within 14 days of delivery. Failure to comply with these notification dates will result in the order and payment having been deemed to have been accepted.
3. Conditions of the use of this website and the online ordering service.
i. There are some situations where we cannot accept an order, and in the order form you will be asked to identify if any of these are applicable to you. You will ensure that your responses are not misleading or inaccurate and accordingly your knowledge that we are reliant upon you to complete the form accurately;
ii. You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or any other intellectual property right, or damaging to data, software, or the performance of our or any other party's computer systems. You agree to indemnify us in respect of any liabilities, losses, expenses or other costs whatsoever incurred as a result of the breach of your obligation under this condition, including, but not limited to, any claims made against us by any third party;
iii. The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data, including how it may be divulged. Any data about individuals you enter onto our website directly or included in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have authority to disclose it and for us to utilise it for the purpose of any transaction included for or by you through this website. If you are in any doubt about any data, please feel free to email us with the details of the problem first;
iv. In consideration of agreeing to your use of this website, you acknowledge that the ownership of any intellectual property rights including for the avoidance of doubt, (copyright) in this website belongs to us. Accordingly, any part of this website (or its source code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purpose of utilising this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its contents;
v. You may only use the trademarks featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer, in accordance with condition 2 (iii) above;
vi. We will collate the information which you give us in the order form to provide you with our online ordering services. By giving us this information, you consent to our use of it in order to process your order and inform you about its progress;
vii. Please be aware that to the extent permitted by law and acceptance expressly provided for it in part b of these terms and conditions, we do not accept liability in respect of this website, your use of it or our online ordering services;
viii. Use of this website is subject to the laws of England and Wales and the exclusive jurisdiction of the English Courts.
1. Description and Pricing
Whilst we make every effort to ensure that our description and pricing is correct, we cannot guarantee that such description and pricing will always be accurate and we reserve the right to alter any description and pricing without prior notification.
2. Delivery and Risk
i. We will make every attempt to deliver the goods that you have ordered to you in a timely fashion by either the services of Royal Mail or another reputable courier;
ii. All items are delivered to you at your risk;
iii. If you have a Paypal account please ensure the address is up to date as orders cannot be re-sent or refunded if posted to an outdated address;
iv. Buyers are responsible for any customs charges that may occur.
Title to the goods that passes to you upon confirmation that a valid payment has been received.
Payment must be made using one of the following methods:
a. Credit card
b. Debit card
If payment is made online using a debit or credit card, the payment will be accepted once we have received confirmation from your bank that our account has been credited.
If payment is made by cheque, the payment will be accepted once the payment has cleared.
5. Right to Withdraw
i. In certain circumstances, you may have the right to withdraw from the contract without penalty and without the need to give us any reason at any time during a period of 14 days which in the case of goods shall begin from the date of receipt of the goods by you and in the case of services, from the day after the day of conclusion of the contract;
The required Cancellation form can be found here.
ii. We agree to reimberse you, free of charge, within 14 days of notification of withdrawal, the purchase price you paid for the goods or services, although we do reserve the right to charge you for the cost of returning any goods (which shall be by deduction from the purchase price);
iii. This right of withdrawal shall not apply, in any event, in the following circumstances;
a. To service if performance of the contract has begun with your agreement before the end of the 14 day working period.
b. To any goods made to your specification or personalised at your request.
c. To any digital download once the download process has begun.
6. Returns Policy
We're happy to refund goods within 14 days of purchase, as long as they are undamaged. We will, however, reduce the amount of money refunded for goods returned which show evidence of use beyond handling necessary to see whether the goods are as expected.
In the case of faulty goods we will replace or refund the goods if returned to us within 14 days.
In either case please enclose a covering note with details of your reason for return, and what you would like us to do about it. Please also include your order number and details of your original method of payment. We will refund the cost of standard outbound delivery, but we do reserve the right to charge you for the cost of returning any goods (which shall be by deduction from the purchase price).
7. Warranties and Liabilities
Gaynor Marshall Designs accepts no responsibility for any accident or injury arising from the misuse of any product. Items from Gaynor Marshall Designs are provided as is, without any warranty or liability of any kind, either expressed, implied or statutory.
Gaynor Marshall Designs reserves the right to terminate any contracted purchase if it feels the transaction breeches our security policy and if the products are being used illegally or if the name Gaynor Marshall Designs is being tarnished in any way. Gaynor Marshall Designs also reserves the right to close the web-shop at any time without giving prior notice to any of its customers. You may terminate your purchase at any point before the order has been processed, by emailing us using the Contact Us link above and quoting your order number.
We aim to provide you with a quality service. If however, you feel you have a cause for complaint, you can contact us at the address given in Section 1 of Part A above. We will try to do our best to resolve any problems that arise.
2. Force Majeure
We do not take responsibility for any event that is outside our control, nor for any consequential loss arising from such an event.
3. Entire Agreement
This agreement supercedes any prior agreements or arrangements which have subsisted between us, provided the information that you have given us is not incorrect or fraudulent.
4. Interpretation in The Agreement
i. Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
ii. Words importing the singular include the plural, words including any gender include every gender and words including persons include bodies corporate and un-corporate; (in each case) vice versa;
iii. Any reference to a party in this agreement includes a reference to his successors in title and permitted assigns;
iv. The headings to these clauses are for ease of reference only and shall not affect the interpretation or construction of this agreement.
5. The Law
This agreement shall be governed by and construed in accordance with the Laws of England and Wales.
Notwithstanding that the whole or any part of any provision of this agreement may prove to be illegal or unenforceable, the other provisions of this agreement and the remainder of the provisions in question shall remain in full force and effect.