T & C ’s

Last updated in January 2024.

Welcome to the desgn.prnt and thank you for wanting to find out more about what I do.

These are the terms and conditions of Rakha Madahar trading as desgn.prnt of Nuneaton, Warwickshire. This page tells you terms on which you may use my website, desgnprnt.co.uk or place an order for products. By using my website or placing an order for products, you confirm that you accept these terms of use and that you agree to comply with them.

Numonday/Etsy Orders

The images I provide of the products on my website and Numonday/Etsy shop are for illustrative purposes only. I make every effort to display the colours accurately but I can’t guarantee that a device's display of the colours will reflect the actual product. Your product may therefore vary slightly from those images you’ve seen online. Please understand that this is something beyond my control.

The prices for the products that I sell through my Numonday/Etsy shop are displayed on the third party website as well pricing for postage and packaging. I use my reasonable efforts to ensure the prices on my Numonday/Etsy shop are right. I reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price won’t affect any order you’ve already placed.

The order will be fulfilled once I get notification from Numonday/Etsy to say a purchase has made for one of my products.

I do not see any customer payment details as all funds are sent through Stripe. You should check Stripe’s terms and conditions and privacy policy before making payment.

I will use the name and address that you have provided when placing an order on Numonday/Etsy to despatch the order, so it really important that you have check that you have entered the correct information. I am not liable to you for any issues caused by your incorrect provision of information associated with your order. For any reason that I am unable to fulfil the order, then I will contact you via the email address that you provide to Numonday/Etsy.

As soon as I have despatched the products you have ordered, then I will notify Numonday/Etsy to say the order has been despatched.

Delivery is sent via Royal Mail and Second Class delivery is used. I am reliant on Royal Mail to deliver to the address that you as a customer have provided and therefore I cannot guarantee the exact time it will take. The time stated on my Numonday/Etsy shop is a guideline only and time of delivery will not be of the essence.

If you change your mind after purchasing item/s from me, then under consumer legislation you have up to 14 days after receiving the item/s to request a full refund. You must return the item/s in the state it was delivered (i.e., in the same condition and in the original packaging) within 14 days of your request being made and you must cover costs to return the item/s back to me and stating reason for returning.

If the item/s were delivered damaged please could send me a photo via email to desgn.prnt@gmail.com, before a replacement item/s can be sent out.

Orders processed through Spoonflower, Wuzci, Society 6 and Zazzle

I also provide my pattern designs to third party websites which are listed on my Stockists Page of the website. Should you a have a query about an order with Spoonflower, Zazzle, Society 6 or Wuzci, then you will need to get in touch directly with them as I am not responsible for manufacturing, printing, taking payments or orders and despatching products to you. I only provide my design. You will also need to refer to their refund policy on their website, along with the terms and conditions and privacy policies of those websites.

Orders at craft fairs or direct purchases from me

Where I sell products at craft fairs or otherwise directly from me, I create invoices and accept payment via Stripe and Sumup

Bespoke/ Commissioned Orders

I provide a service where I will design an item for you. The process starts with a consultation call (or an exchange in writing) with you to discuss the item you would like me to design. I’ll then send you the design for your approval and there may be some back and forth between me while the design is being finalised.

For me to design the item, I may require payment of a non-refundable 25% deposit may be asked for in advance of a bespoke order. The purpose of this is to secure my time and ensure I am able to fulfil within the agreed timescales. Please note that payment of the non-refundable 25% deposit means that you waive your right to the usual 14 day cooling off period and you are not entitled to a refund after payment is made.

All payments for bespoke orders need to be paid for in full prior to order being fulfilled and despatched. Details of the bespoke order will be finalised before payment is made and your name, address will be given to a third party to despatch your bespoke item. I will also require an email address in order to raise an invoice via PayPal for your bespoke purchase. On receiving confirmation of payment from PayPal, you order will then be processed. Time of delivery for order will depend on what products have been order and this will be communicated to you at the time you request a bespoke order.

Delivery is sent via Royal Mail and Second Class delivery is used. I am reliant on Royal Mail to deliver to the address that you as a customer have provided and therefore I cannot guarantee the exact time it will take. The time stated on my Numonday shop is a guideline only and time of delivery will not be of the essence.

As the bespoke order has been designed and made according to your specifications, this means that all sales are final and you are not entitled a refund.

If you commission me to design a bespoke order for you, ownership of the design once you have made the payment in full will be confirmed with you by email.

Intellectual property rights

As you can appreciate it has taken me a long time to put the contents together on this website, therefore you are cannot just use the images and contents or change them for your own use or anyone else’s as they are subject to my copyright, design rights and trade marks.

I’m the owner or the licensee of all intellectual property rights in my website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any pages from my website for your personal use and you may draw the attention of others within your organisation to content posted on my website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

My status (and that of any identified contributors) as the author of content on my website must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on my website for commercial purposes without obtaining a licence to do so from me or my licensors. Should you wish to licence my designs, then please feel free to contact me via my email and I would be more than happy to discuss with you.

If you print off, copy, download, share or repost any part of my website in breach of these terms and conditions, your right to use my website will cease immediately and you must, at my option, return or destroy any copies of the materials you have made.

Liability

My liability will be limited to any directly foreseeable loss caused to you as a customer because of my products, such liability being no more than twice the fees for the products you have purchased through Numonday, Craft Fayre, Market Stalls and

Bespoke/Commissioned orders.

For businesses my total liability will be limited to any directly foreseeable loss caused to you as a business for purchasing my products, such liability will be limited to fees that you have paid for the product/service. The 14 day cooling off period does not apply to business customers.

Except to the extent expressly set out in this section, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

Nothing in these terms and conditions seeks to limit or exclude my liability for: (i) death or personal injury caused by my negligence (including that of our employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) 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; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability cannot be excluded or restricted by law.

Data protection

I’m registered with the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (ico.org.uk), and our registration number is ZB344675.

I comply with applicable data protection legislation, including the retained EU law version of the General Data Protection Regulations (2016/679) and the Data Protection Act 2018. I will only use your personal information as set out in my privacy policy, available on my website.

Changes to these terms and conditions or website

Sometimes there may be errors on my website and as you can appreciate that I am only human and I will try and do my best to try and rectify them as soon as I know about them. The website is only providing information about who I am, some products that I offer through third party sites, as well as few designs from my portfolio. I will from time to time change the contents of my website, so when you next visit my website, you may or may not see updated information. I will do this when it is a legal requirement or I am wanting to showcase my latest products. If I am feeling brave then I might decide to change the look of website to fit in with my branding. It is not something I need to let you know in advance about.

I amend these terms and conditions from time to time. Every time you wish to use my website, please check these terms and conditions to ensure you understand the terms that apply at that time.

Suspending or withdrawing my website

My website is made available free of charge.

I don’t guarantee that my website, or any content on it, will always be available or be uninterrupted. I may suspend or withdraw or restrict the availability of all or any part of my website for business and operational reasons. I will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access my website through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.

Transferring these terms and conditions

I may transfer my rights and obligations under these terms and conditions to another organisation. I will always tell you in writing if this happens and I will ensure that the transfer won’t affect your rights under these terms and conditions.

No text or data mining, or web scraping

You must not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to my website or any services provided via, or in relation to, my website. This includes using (or permitting, authorising, or attempting the use of):

·  Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the website or any data, content, information, or services accessed via the same.

·  Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but isn’t limited to patterns, trends, and correlations.

The provisions in this clause should be treated as an express reservation of my rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply as far as (but only to the extent that) I am unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to me.

Third party links

Where my website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links shouldn’t be interpreted as approval by me of those linked websites or information you may obtain from them. I have no control over the contents of those website or resources.

If you are a consumer user:

Please note that I only provide my website for domestic and private use. You agree not to use my website for any commercial or business purposes, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Computer misuse

I don’t guarantee that my website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access my website. You should use your own virus protection software.

You must not misuse my website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to my website, the server on which my website is stored, or any server, computer or database connected to my website. You must not attack my website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. I will report any such breach to the relevant law enforcement authorities, and I will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use my website will cease immediately.

Links to my website

You may link to my home page, provided you do so in a way that is fair and legal and doesn’t damage my reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on my part where none exists. You must not establish a link to my website in any website that isn’t owned by you.

My website must not be framed on any other website, nor may you create a link to any part of my website other than the home page. I reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on my website other than that set out above, please contact desgn.prnt@gmail.com.

Governing law and jurisdiction

These terms and conditions, and any non-contractual obligations arising hereunder, are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any matter and proceedings arising out of these terms and conditions.