Terms of Purchase
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2. Why you should read them. Please read these terms carefully before you submit your order to 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.
2. Information about us and how to contact us
2.1. Who we are. We are Jinny Ngui Design a sole trader established in England and Wales.
2.2. How to contact us. You can contact us by writing to us at admin@jinnynguidesign.com or by using the contact form.
2.3. How we may contact you. If we have to contact you we will do so by writing to you at the email address provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1. 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.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. 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.
3.3 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.
4. Our products
4.1. 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.
4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3. Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. If you need any assistance with this please contact us.
5.Providing the products
5.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2. When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
(a) If the products are goods. We will deliver them to you as soon as reasonably possible and in any event within 14 working days after the day on which we accept your order.
(b) If the products are one-off services. We will begin the services on the date set out in the order or on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
(c) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
(d) If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8.
5.3. We are not responsible for delays outside our control. 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. 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.
5.4. Collection by you. If you have opted to collect the products from our premises, we will contact you to organise a suitable time during working hours Monday to Friday.
5.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery, Royal Mail will leave a red 'something for you' card, which explains how to collect your package or arrange redelivery.
5.6. 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 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 and clause 8.2 will apply.
5.7. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address. If so, this will have been stated in the description of the products on our website. We will contact you by email to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6. Your rights to end the contract
6.1. 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:
(a) 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 a service re-performed or to get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see 6.6.
6.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 working days; or
(e) you have a legal right to end the contract because of something we have done wrong, including because we have delivered late.
6.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund, provided the products are unused and returned undamaged.
6.4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running.
6.5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, design services)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming (for example, a digital artwork)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) Have you bought goods (for example, tableware)?, if so you have 14 days after the day you (or someone you nominate) receives the goods.
6.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
7. How to end the contract with us (including if you have changed your mind)
7.1. Tell us you want to end the contract. To end the contract with us, please let us know by emailing admin@jinnyngui-design.com.
7.2. 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 contact us by email at admin@jinnyngui-design.com before returning your products so we are ready to receive them. Goods can be returned in person by prior arrangement only or send them back to us in suitable packaging to Jinny Ngui Design, 16 Ridgdale Street, Bow, London E3 2TW. When sending goods back please obtain either proof of postage or confirmation from your chosen courier. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
7.3. When we will pay the costs of return. We will pay the costs of return if the products are misdescribed.
7.4. 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.
7.5. 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.
7.6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, 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 goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) 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 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.7. 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:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 working 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 7.2.
(b) In all other cases, your refund will be made within 14 working days of your telling us you have changed your mind.
8. Our rights to end the contract
8.1. 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:
(a) 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;
(b) 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;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
8.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 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.
9. If there is a problem with the product
9.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us by email admin@jinnyngui-design.com.
10. Price and payment
10.1. 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 that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
10.2. 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.
10.3. 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 unmistakeable and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10.4. When you must pay and how you must pay. We accept payment with major credit and debit cards. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them.
(b) For digital content, you must pay for the products before you download them.
(c) For services, we will invoice you weekly for the services until the services are completed. You must pay each invoice within 30 calendar days after the date of the invoice.
11. How we may use your personal information
11.1. How we may use your personal information. We will only use your personal information as set out in our privacy policy.