Terms & Conditions

CUSTOMER ORDERS
By alacing an order with Blue Almonds Ltd you will be understood to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these terms, then you should contact  us before placing an order with us either by telephone on 020 7584 8038, by email at info@bluealmonds.co.uk or by post using the address given below: Blue Almonds Ltd 164 Walton Street SW3 2JL London By placing an order via this website you are making an offer to Blue Almonds to purchase the goods detailed in your order upon the terms described in your order. Once you have placed an order we will send you a confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted. Unless you cancel your order, acceptance of your order and completion of the contract between you and Blue Almonds will be completed when we email you to confirm the goods have been dispatched. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.
ADVANCE PAYMENT
Blue Almonds offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to Blue Almonds. Blue Almonds will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at Blue Almonds. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock. Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site.
PAYMENT
Orders for bespoke items and furniture are only accepted and activated upon receipt by Blue Almonds 50% non refundable deposit. Balance payment shall be due in full upon the goods being ready for delivery and shall be paid in full before they are released. If payment is via Bank Transfer, Blue Almonds must receive cleared funds before goods are released. When you register to use our website we need to know your name, postal address and email address. We accept credit/debit card – SagePay secure payment service – to process your payments. To process an order we also need your credit/debit card number and expiry date, plus any security details that the credit/debit card processor may require. The payment process takes place in a secure environment where your details cannot be accessed by anyone except for our Personal Shoppers at Blue Almonds. We do not store credit card details nor do we share customer details with any 3rd parties.
FAULTY GOODS
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
DELIVERIES OF LARGE ITEMS - UK AND OVERSEAS
Delivery of large items will be charged individually. When placing the order online delivery charges will be shown as zero. We will then contact you and advise you on the delivery charges based on the volumetric measurements of the goods in question and you will be invoice for this separately. Blue Almonds is happy to quote for export packing, freight and insurance to any overseas destination but reserves the right, with prior agreement of the client, to charge any additional charges to the client’s credit card should the shipping charges subsequently exceed the original quotation. Export quotes are valid for a period of 30 days. Delivery charges within the London area will include delivery and installation to a cleared room and rubbish removal. If the room is not ready for installation and needs to be cleared, Blue Almonds reserves the right at their discretion to make an additional charge dependent on time taken to clear or to refuse to deliver goods. All other UK and international shipping fees if applicable must be paid prior to dispatch of goods from our warehouse.
STORAGE
In the event a delivery is postponed at short notice by the client, they may be asked to make their own arrangements for storage. A charge will be made for unsuccessful deliveries.
REJECTION OR NON ACCEPTANCE OF GOODS
The Customer shall return to Blue Almonds at the expense of the Customer any goods ordered by him which he seeks on any ground whatsoever to reject or refuses to accept. If he shall fail to do so, the Customer shall not be entitled to reject (or refuse to accept) such goods. The Customer shall be liable for any loss of or damage to the goods taking place whilst in the possession of the Customer or in the course of their return to Blue Almonds. The return of the goods to Blue Almonds shall not in itself entitle the Customer to reject them and shall not affect Blue Almonds rights defined by the Consumer Transaction Restrictions on Statements Order 1976. The statutory rights of the Customer are not affected by these conditions. Force Majeure Blue Almonds will make every effort to carry out the terms of any contract entered into, but if such performance is not reasonably possible by reason of any case whatsoever beyond the reasonable control of Blue Almonds and in particular but without prejudice to the generality of the foregoing: Act of God, war (whether declared or not), sabotage, riot, explosion, governmental control, restriction or prohibition, or any other Governmental act of omission whether local or national, fire, accident, earthquake, storm, flood, epidemic, drought or other natural catastrophes, inability to obtain or shortage of equipment, suitable raw materials, components, fuel, power, or transportation, disputes with workmen, strikes or lockouts, or shortages of labour, then Blue Almonds reserves the right to modify the terms of or cancel such contract without consequent liability for loss or damage so caused.
DISCLAIMER AND LIMITATIONS OF LIABILITY
Blue Almonds does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided above, neither Blue Almonds nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Blue Almonds or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you. While Blue Almonds uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Blue Almonds will not be responsible for any errors or omissions or for the results arising from the use of such information. While Blue Almonds takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. Further, Blue Almonds will not be responsible nor liable for your use of any other websites which you may access via links within this website. Blue Almonds does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Blue Almonds. The entire liability of Blue Almonds under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions. Blue Almonds will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control. Blue Almonds may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Blue Almonds. No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded. Intellectual Property Blue Almonds shall retain the copyright and all other intellectual property rights in respect of the designs and goods to be sold, including the copyright of the designs, drawings and paintings appearing on the goods. The Customer shall not copy or reproduce in any form such goods (or parts thereof) or such designs, drawings and paintings appearing thereon (except to the extent that Blue Almonds shall copy at the request of the Customer a work, the copyright of which belongs to the Customer or any other party). In any case where the Customer shall request Blue Almonds to copy or reproduce a design or other work supplied by the Customer, the Customer confirms, undertakes and warrants that the copying or reproduction of such works does not infringe copyright or other intellectual property rights of any other parties, that the Customer is lawfully entitled to commission a copy or reproduction of such work and that the Customer shall indemnify and keep indemnified Blue Almonds against all losses and liabilities incurred by Blue Almonds pursuant to or arising out of claims by other parties that their copyright or other intellectual property rights have been infringed by such copying or reproduction. The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of Blue Almonds or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may: Copy, print (one copy only) or download extracts of the material on this website for the sole purpose of using this website in good faith for domestic purposes or placing an order with Blue Almonds and Copy print (one copy only) or download the material on this website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
PRIVACY POLICY
Blue Almonds is committed to protecting your privacy. We will only use information given at the time of ordering or when making an enquiry by whatever means is collected lawfully and in accordance with the Data Protection Act 1998. We do not pass your personal information on to third parties. All transactions that you initiate with Blue Almonds on this web site are confidential. Your name will not be added to any third party mailing lists.
CHANGES TO THIS POLICY
This privacy policy will change from time to time as we develop the range of services on the website. When this privacy policy changes, we will place an updated version on this page. Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties. You should always check the privacy policy before using this site, even if you have visited it in the past. This ensures that you will be aware of any changes. Changes to our privacy policy do not affect information we already hold about you. This statement was last updated on 20th November 2013.
PRICES AND TAXES
The total price payable will be stipulated at the time when you place your order whether or not the order has been acknowledged. We are entitled to make adjustments to the price to take account of any increase in our suppliers' prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been acknowledged. We will inform you of the correct price and give you the opportunity to cancel the order. All prices are inclusive of VAT (if VAT applicable) but exclusive of delivery charges which will be payable as indicated at the time the order is placed. Prices that are reduced for sales and promotions are only valid for the specified period. All prices quoted on this website are accurate at the time of publication and are quoted in pounds sterling and where appropriate are inclusive of UK sales tax (VAT) at the current rate of 20%. If your order is being dispatched to a destination outside the European Union (EU) then your sales tax will be zero providing Blue Almonds is organising the Exportation and can thus be guaranteed proof of Export. If the client is shipping their own goods then Blue Almonds will refund the VAT on production of a valid VAT form. These are available at the sales desk for completion by the Customer at the time of sale or could be send to the Client if purchases have been made online. If your order is being sent to a member state of the EU then the selling price will include VAT. Any customs or import duties levied once the package reaches your destination country will be your responsibility as we have no control over these charges and cannot predict them
MAKING RETURNS
For all returns, except where the item is faulty, you will be required to arrange and pay for the return of the products to us. If you prefer, we will arrange to collect the products from you, but the cost of this will be charged to you and may be deducted from any refund to you. We will only refund the costs of postage where the item returned is faulty. To return any products to us, please complete the returns form (which comes with your order) and clearly mark whether you would like a refund or exchange. Pack the items back in the parcel, attach the invoice and send it back to: Returns Department Blue Almonds 79 Walton Street Sw3 2HP London. When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit.
YOUR RIGHT TO CANCEL
If the goods are stock items and not bespoke or specially made to order then the Customer can cancel the order (once accepted by us) for any reason up to the point of dispatch. If you do cancel the contract within this time any payments made by you will be refunded in full within 30 days. If you wish to cancel your order after it has been dispatched, you will be charged for both delivery and return. We will be more than happy to offer you an exchange or, if you wish, a refund provided that the products are returned complete, in perfect condition, unused, unwashed and with the original packaging. We cannot accept items for a refund or exchange if the goods are not in perfect condition or it is obvious to us that the goods have been used or washed. Order cancellation must be made in writing by email, quoting your order number, within 7 working days of the day after you receive the goods at Info@bluealmonds.co.uk Items must be returned to us within 14 working days starting from the day of delivery. Items should be mailed to Blue Almonds 79 Walton Street Sw3 2HP London. The Customer shall be responsible for any damage caused in transit during return and should ensure adequate insurance. Upon safe receipt of the goods a refund will be issued to the Customer’s account. Refunds do not apply to the original cost of postage, packaging and gift-wrapping selected at the time of the original purchase. Items returned beyond 14 days cannot be refunded but may be exchanged at our discretion. The above right to cancel does not apply to any goods made to customer’s specifications or bespoke items. Some goods can be personalised or are bespoke so please ensure the goods ordered are suitable for your requirements. If any items purchased, stock or bespoke, are damaged or faulty the Customer must notify us immediately so that we may investigate and attempt to remedy the situation in accordance with the Sale of Goods Act and without affecting your statutory rights. Items on sale are non exchangeable and non refundable.
CONFORMITY OF GOODS
We take every care to ensure that the description and specification of our products are correct. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products. We have made every effort to display as accurately as possible the colours of our products that appear on Blue Almonds website. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate. Additionally due to the hand crafted nature of many of our products, size, colour and texture may vary slightly. All specifications, drawing and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in the Blue Almonds website, catalogues, price lists and other advertising material are intended to present a general idea of the goods described therein. Blue Almonds reserves the right to allow its artists ‘artistic interpretation’. The artist will always try and paint to the Customer’s requirements but exact replicas cannot always be guaranteed and are thus not grounds for non acceptance of products.
LAW AND TERRITORY
The website and ordering by telephone are controlled and operated in the UK. These Terms and Conditions and all matters connected with any order you place on our website or over the telephone are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website or your use of customer services or any order you place on the website or by telephone.
THE DATA PROTECTION ACT
Under the terms of the Data Protection Act 1998, we have a duty to protect any information we collect from you. It will not be disclosed to any other organization unless you give explicit permission, or there is a legal obligation to do so. We collect information about you for two main reasons: To process your online order. To provide you with the most efficient possible service. The information collected will be used to personally keep in touch and let you know of any offers, sales or promotions that Blue Almonds are carrying out (if you have selected to receive these emails/newsletters).