Terms and Conditions
The agreement between you and us consists of and these Terms and Conditions. Please read these Terms and Conditions carefully. They apply when you buy any goods via this site or by email from us. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.
We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.
1.1 What these terms cover. These are the Terms and Conditions that govern your purchase of Stitcha products. They apply to the exclusion of any other terms (including any discussed with you via email, telephone, or in person, or which you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing unless any such modification is agreed in writing by Stitcha). These terms shall govern and be incorporated into every provision of products by us to you.
1.2 Why you should read them. Please read these terms carefully before you submit an 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.
If you have any questions about these terms, please contact us to discuss.
2.1 Who we are. Nicole……. trading as Stitcha.
2.2 How to contact us. You can contact us by telephoning us on +44 (0)7776072916 or by emailing us at [email protected]
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms and Conditions, this includes emails.
3. How we will accept your order.
3.1 Bespoke Products are those products which are produced to your specifications including any product produced with a material chosen by you, or otherwise produced to your specification in any way. To place an order for Bespoke Products you will need to email us at ([email protected]) setting out your requested specifications (for example your material choice or Drum lampshade depth or curtain and blind size). We will confirm acceptance of such by sending to you an email confirming the specifications, measurements or designs and confirming acceptance of the order. At that point a contract will come into existence on the terms of this agreement and to the exclusion of any prior correspondence or meeting between us to discuss the bespoke products unless such provisions have been agreed in writing by Stitcha in the written confirmation of the order.
The contract is only formed when we send an email accepting your order.
3.2.1 Products in the Collection are our standard products which can be viewed in on our website at www.stitcha.co.uk or which may have been shown to you at an event or other face to face meeting. Our acceptance of your order will take place and a contract will come into existence for the purchase of a product from our Collection on our sending to you an email confirming our acceptance of your order.
3.2.2 If we cannot accept your order. If we are unable to accept or fulfil your order, we will inform you of this in writing and no fees will be payable to us. Our decision not to accept an order may be based on various reasons including but not limited to unexpected limits on our resources which we could not reasonably plan for, unavailability of stock or raw materials ,the specification, design, measurements you have provided infringes third party intellectual property rights, the design is not achievable and/or you do agree to our making any reasonable modifications because we have identified an error in the description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Lead Times. Our products are generally made to order and information about availability and lead times are available on our website. The lead time indicated is not a guarantee that the product will be supplied within that time frame and does not form part of the contract. However, if we are unable to comply with the published lead time, we will notify you at the time of placing the order or when it is reasonably practicable to do so. Time is not of the essence in this contract.
4.1 All our products are crafted by hand in the UK. Our limited collection Stitched lampshades are crafted at our workshop in Cornwall. Our Curtains are crafted in Cornwall and our Lampshades are crafted in Lancashire. The printing is crafted in Cornwall. All designs are created in Cornwall and copyright is held Stitcha. The material we use is sustainable and we like to limit any waste during the printing process and beyond. Where this is not currently achievable some materials are made out of a synthetic material to meet current lighting and upholstery regulations. We will continue to strive to utilise eco-friendly materials and processes. As all of our products are handmade, there will be slight variations from product-to-product.
4.2 Collection products may vary slightly from their pictures. The images of the products in our Collection on our website or in other materials are for illustrative purposes only. We will use reasonable efforts to depict accurately the products in our Collection but they are by their nature unique and are handmade so sizes, weights, colours, materials, capacities, dimensions and measurements indicated on our website or other materials may vary to the product that you receive.
Any limited collection embroidered lampshades will differ in design style. This is what makes these items unique and although the same design, the style will differ as our designing process ensures that we stitch onto a blank canvas. When two pairs or more are together, we always aim to provide as close to matching pairs.
4.3 Bespoke Products.
4.3.1 We require you to ensure that your measurements are accurate. If we are making a Bespoke Product to measurements, sketches and/or designs you have given to us and/or using materials or swatches identified by you then it is your responsibility to ensure that these are correct. We take no responsibility if your space has not been measured correctly. You can find information and tips on how to measure by contacting us.
4.3.2 If you order a Bespoke Products then you accept that we have no liability for errors or defaults in Bespoke Products which are caused by the provision to us of erroneous specifications.
4.3.3 The design of all of our products is unique to us. If you supply to us any sketches, designs or drawings or other contribution to Bespoke Products, you grant to us an exclusive, perpetual, irremovable royalty-free licence to any intellectual property rights that may subsist in the contribution. As the contribution will be incorporated into our products you must ensure that any contribution is original and will not infringe the rights of any third party. You agree to indemnify us for all losses, damages, costs and legal expenses that we may suffer or incur if any contribution infringes the intellectual property rights or other proprietary rights of any person.
4.3.4 We will make Bespoke Products to your specifications and endeavour to meet your expectations. However, we shall not be liable to you in respect of any actual or alleged defect in or dissatisfaction with any Bespoke Product that arises directly or indirectly from your choice of any specification, design, material, material or any other requirement unless such defect relates to our failure to exercise reasonable care and skill to produce the Bespoke Product.
Once we have accepted your order for a Bespoke Product you will not be able to make any changes to it. However, if you have made a mistake in your order for a Bespoke Product, and provided we have not commenced production of the product, we will try our best to accommodate any reasonable changes at our sole discretion. If such changes affect the price or delivery schedule of the Bespoke Product we will notify you of such in writing and will request that you agree such changes in writing. If we cannot make the change (for example if production has already commenced) or the consequences of making the change are unacceptable to you, you will still be liable to take delivery and pay in full for the Bespoke Product. This does not infringe the rights provided to you under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as the order is for a Bespoke Product.
Minor changes to the products. We may change any product to implement minor technical adjustments or as a result of unavailability of raw materials. We will try to minimise the impact of these changes. These changes will not affect your use of the product. These unavoidable changes do not give to you any right to cancel any contract or reject any product.
5.1 Delivery costs. The majority of our products are delivered to consumers with a standard fixed shipping cost within the UK mainland which is advertised on our website. For orders for delivery outside the UK we will provide you with a fixed shipping cost on request or when confirming the order. This does not include import charges, customs clearance or duty. You are responsible for these charges and your products may be held in customs until full payment has been received. Until all delivery costs are paid, we cannot dispatch the products.
5.2 Please check before purchase that an item can be delivered into the space you wish. This includes checking hallways and door frames throughout the property. If an item cannot be delivered it will be returned to our warehouse and a delivery return fee of up to a maximum of £500 (depending on the size and delicate nature of the product in question and based on our actual delivery costs) will be charged.
5.3 When we will provide the products.
Products from our Collection
5.3.1 Lighting and accessories. The majority of our lighting and accessories are sent using 24 hour, signed for next day delivery. If you are unable to take delivery on the day it is your responsibility to liaise with the delivery provider to re-arrange delivery. We cannot be held liable for the non-delivery of products if our delivery provider attempts to deliver the products and you are not available.
5.3.2 Curtains, Blinds and multiple orders. If your product is a Large Light, a collection of curtains or blinds, a multiple order, or if your order is particularly delicate the items will dispatch together unless you have emailed before or on purchase that you would like these items delivered separately. If you are not in on the day of delivery and our delivery team are unable to deliver your order, we may charge you the costs of the failed delivery and the cost of re-delivery. If you order products from our Collection which show different lead times, we may be able to dispatch part of the order for an additional charge.
5.4 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we will hold you in breach of contract and dispose of the goods accordingly.
5.5 For Bespoke Products we will notify you of the estimated delivery date once we start production or customising the product in our workshop. The estimated completion date for the product will be notified to you during the order process. Given the bespoke nature of the products, you have agreed that any such date shall be an estimate and time shall not be of the essence to this agreement. If you need a Bespoke Product by a particular date then you must notify us and we and you must agree this in writing as a specific exception.
5.6 We are not responsible for delays outside our control. If our supply of any products is delayed by an event outside of 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, except for Bespoke Products for which production has commenced, receive a refund for any products in the Collection you have paid for but not received. As Bespoke Products are made to your order, we cannot agree to issue any refund but may be able to give you a (partial) refund if we can resell the item within a reasonable period.
5.7 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from the delivery provider’s depot.
5.8 When you own goods. Title in the product passes to you once we have received payment in full.
5.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
5.9.1 deal with technical problems or make minor technical changes;
5.9.2 update the product to reflect changes in relevant laws and regulatory requirements;
5.9.3 make changes to the product as requested by you or notified by us to you.
5.10 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments.
6.1 You may be able to terminate your contract with us. Your rights when you terminate the contract will depend on what you have bought.
6.1.1 If what you have bought is faulty or misdescribed you may have a legal right to terminate the contract or to ask for the product to be repaired or replaced
6.2 If you are a Consumer living in the “European Economic Area”, you have the right to cancel this contract subject to the provisions set out below.
6.2.1 The following applies if you have the legal right to cancel this contract (as explained above):
Right to cancel
i. You have the right to cancel this contract within 14 days without giving any reason.
ii. The cancellation period will expire after 14 days from the day: a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or b) in the case of multiple goods ordered by you in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
iii. To exercise the right to cancel, you must inform Stitcha l Stitcha on +44 (0)7776072916 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
iv. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
v. If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery.
vi. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
vii. We will make the reimbursement without undue delay, and not later than: a) 14 days after the day we receive back from you any goods supplied, or b) (if earlier) 14 days after the day you provide evidence that you have returned the goods.
viii. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
ix. Products you are seeking to return should be unused, returned in their original packaging and in a fully resalable condition and cannot have been installed. If you no longer have the original packaging, we cannot accept a return. The return is only authorised upon photo evidence and receipt of the product returned in within the conditions above. If you have any concerns regarding packaging your product for return please contact email us at [email protected]
x. It is your responsibility to ensure that the products received by us are in a new and undamaged condition. If we receive damaged products back to our workshop as a result of poor or inadequate packaging or delivery, we have the right to refuse a refund or to discount the costs of repair or damage to the saleability. Email us at [email protected] if you have any concerns.
6.2.2 There is no right to cancel contracts for the supply of Bespoke Products made to your specifications or which are clearly personalised.
6.3 Ending the contract because of something we have done or are going to do. If we are ending a contract for reasons set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
6.3.1 we have told you about an upcoming important change to the product or these terms which you do not agree to;
6.3.2 there is a risk that supply of the products may be significantly delayed because of events outside our control other than for Bespoke Products; or
6.3.3 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 30 days.
7. Breach of contract
7.1 We may end the contract if you breach it. We may end the contract for a product at any time by writing to you if:
7.2 you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
7.2.1 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, for example, sign off of any designs, measurements or specifications for a Bespoke Product; or
7.2.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
7.3 You must compensate us if you breach the contract. If we end the contract in the situations set out in Clause 7 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 and expenses we have and will incur as a result of your breaking the contract.
8.1 We take pride in all our goods being made to high standards but appreciate that occasionally we do make mistakes. However, we are confident that our products will stand the test of time. Products that are not used in the correct conditions or locations, or if the applicable care guidelines have not been followed do not warrant a refund.
8.2 We recommend that customers take the time to read our Stitcha information where provided or write to us first upon receiving a product, as we are not liable to cover accidental damage – for example if your item has been dropped or dragged. Or cleaned incorrectly or light has damaged through natural causes. You may find that this type of damage is covered by your household contents insurance policy.
8.3 Our Curtain, Blind and lighting ranges are specified for indoor use only and should be used in ambient conditions and not subjected to damp or overly dry atmospheres. It is important that Stitcha products are stored or used in dry environments (if kept in storage, climate-controlled storage is essential) to ensure the longevity of the products. Failure to comply to care instructions and bulb wattage recommendations may result in warping, unravelling, staining and surface damage that Stitcha cannot be held responsible for. Stitcha also accepts no responsibility for variations in pattern, colour, texture or dimensions inherent in those materials or for any subsequent deformation, discolouration or other defects caused by extremes of temperature, humidity, dampness or light.
8.4 You may have seen certain indoor products photographed or used in outdoor locations. This does not mean they are suitable for outdoor use. Please check the product description and specifications carefully before you buy them.
8.5 How to tell us about problems. We take care that our products sold are of consistent, high quality, however if you receive a product that you deem to be substandard please contact us. On receiving the order, please check all items to ensure that any issues or breakages are reported to us within 48 hours. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected]
8.6 Summary of your key legal rights. During the expected lifespan of your product your legal rights entitle you to the following:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund or a replacement;
9.1 Where to find the price for the product. The price of the product) will be the price indicated on the website or communicated to you via email or orally when you placed your order and will be in Pounds Sterling, unless your currency is shown via our website store. It is a condition of this agreement that you shall pay for the products at the time of placing your order.
9.2 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.
9.3 For any Products ordered via our website and the price advertised is obviously incorrect (for example due to a technical error or a nominal price is advertised) we reserve the right to reject your order.
9.4 When you must pay and how you must pay. We accept payment via bank transfer and accept most major credit cards and debit cards or online via our payment partners PayPal.
9.5 We have the right to cancel your order if you pay late. If you do not make any payment to us by the due date, we may cancel your order. You may re order but your product will only be made or delivered upon full payment.
9.6 What to do if you think any information in the Order Form is wrong. When you place an order, you will be sent confirmation via email. It is your responsibility to ensure all details are correct during the order process and are accountable should there be any errors in the information you have provided. If you think any information in the order confirmation is wrong please contact us promptly to let us know by email at [email protected]
10. Repairs and Replacement
10.1 We are unable to repair any products.
10.2 If you have ordered a Bespoke Product, we cannot guarantee that we are able to replace any elements of the product but shall use reasonable endeavours to propose alternative solutions.
10.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Rights Act 2015.
10.4 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. Governing Clauses
11.1 Third Party Rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
11.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
11.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you and we can bring legal proceedings in respect of the products or any contract between us or non-contractual claims only in the English courts.
12.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our Privacy and Cookies policy which is subject to change from time to time.