Terms & Conditions

ONLINE TERMS AND CONDITIONS OF SUPPLY

About Us

Arabesq Designs Ltd is a company registered in England and Wales with company number 14347741. Our registered office is at 86-90 Paul Street, London, England, United Kingdom, EC2A 4NE. Our VAT number is 475554264

Where to find information about us and our products

You can find everything you need to know about us and our products on our website or from our sales staff before you order. We also confirm the key information to you in writing as part of the order process.

We do not give business customers all the same rights as consumers

For example, business customers cannot cancel their orders, they have different rights where there is a problem with a product and we do not compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

We only accept orders when we have checked them

We contact you to confirm we have received your order and we accept it when we dispatch or supply the product and confirm dispatch or supply to you.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because we have not been able to take payment from you or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order the product

If your product is goods (rather than digital content or services), you will own it once we have received payment in full.

If you are a business customer you have no set-off rights

If you are a business customer all amounts due under this agreement (from you to us or from us to you) shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We are not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such as shipping delays from our warehouse, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay. If the delay is likely to be substantial you can contact us via info@arabesqdesigns.com to end the contract and receive a refund for any products you have paid for in advance, but not received.

Products can vary slightly from their pictures

A product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website can be out by up to 5%. Please carefully review our Design Policy.

You are responsible for making sure any personalisation information you provide is accurate

If we are personalising the product using information you provide, you are responsible for making sure that information is accurate and complete.

If you are a consumer and you bought online or over the telephone, you have a legal right to change your mind

Your legal right to change your mind. For some of our products bought online or over the telephone as a consumer, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you cannot change your mind. You cannot change your mind about an order for:

• products that are made to your specifications or are clearly personalised;
• digital products, after you have started to download or stream these;
• services, once these have been completed;
• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
• sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
• products which become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you are a consumer with the right to change your mind, you must let us know no later than 14 days after the day we deliver your product. If the products are split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know. To let us know you want to change your mind, contact us at info@arabesqdesigns.com.

You have to return the product at your own cost. You must return the products (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the product. You can send the product back to us, using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the products at all or within a reasonable time we won’t refund you the price. For help with returns, please contact info@arabesqdesigns.com.

We only refund standard delivery costs. We do not refund any extra you have paid for express delivery or delivery at a particular time.

We reduce your refund if you have used or damaged a product. All products are inspected on return to us. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.

When and how we refund you. If your product is goods that you are sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

You have rights if there is something wrong with your product

Return the product to us. If you think there is something wrong with your product, you must contact us at info@arabesqdesigns.com.

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all current legal requirements.

Your rights if you are a business. We warrant that on delivery any products shall:

• conform in all material respects with their description;
• be free from material defects in design, material and workmanship;
• be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
• be fit for any purpose held out by us.

Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers’ warranty below) if:

• you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
• we are given a reasonable opportunity of examining such product; and
• you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

Exceptions to business customers’ warranty. We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business above) if:

• you make any further use of such product after telling us it is non-compliant;
• the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
• the defect arises because we followed any drawing, design or specification supplied by you;
• you alter or repair the product without our written consent; or
• the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We can change products and these terms

Changes we can always make. We can always change a product:

• to reflect changes in relevant laws and regulatory requirements;
• to make minor technical adjustments and improvements.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

• deal with technical problems or make minor technical changes;
• update the product to reflect changes in relevant laws and regulatory requirements; or
• make changes to the products

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we are suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we are going to suspend supply, for more than 14 days you can contact us at info@arabesqdesigns.com to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us including enforcement costs if:

• you do not make any payment to us when it’s due and you still don’t make payment within seven days of our reminding you that payment is due;
• you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;

you do not, within a reasonable time, either allow us to deliver the product to you or collect it from us.

We don’t compensate you for all losses caused by us or our products

Our liability to consumers. We are responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We are not responsible for delays outside our control.
• Something you could have avoided by taking reasonable action.
• A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession. If this is the case, our liability is limited, as described in Your rights if you are a business.

Our liability to businesses. If you are a business, then, except in respect of the losses described in Losses we never limit or exclude:

• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
• defective products under the Consumer Protection Act 1987; or
• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Policy.

You have several options for resolving disputes with us

Our complaints policy. We will do our best to resolve any problems you have with us or our products.

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live outside of England, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We will tell you in writing if this happens and if you are a consumer we will ensure that the transfer won’t affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this. If you are a consumer we may not agree.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that doesn’t mean we cannot do it later.

 

These Terms and Conditions were last updated in January 2025.