Terms & Conditions
Arkitexture is a limited liability company; it is registered in the UK under company number 09201912. Its registered office is at 5 Elstree Gate Elstree Way Borehamwood Hertfordshire WD6 1JD United Kingdom. Its VAT number is 203506454.
Requests for information should be made at email@example.com
Website use terms
Arkitexture.com is a forum for architects and designers to showcase their wares and for members of the public looking for inspiration and to engage architects and designers, to look at images of projects posted by the architects and also to purchase bespoke pieces of furniture.
Arkitexture.com is owned by Arkitexture Ltd (“the Company” or “We”) whose address is ”.
If you wish to use this Website you must comply with these terms and conditions. We reserve absolute discretion to terminate your right to use this Website without notice.
We reserve the right to modify our terms and conditions from time to time as set out below.
In this Agreement, the following terms shall mean:-
- “Architects” means architects and designers who use this Website.
- “Associated Company” means any company which at the relevant time is:
- (a) a holding company of the Company; or
- (b)a subsidiary or subsidiary undertaking of the Company; or
- (c)a subsidiary or subsidiary undertaking (other than the Company itself) of any such holding company,
- the expressions “holding company”, “subsidiary” and “subsidiary undertaking” having the same meanings given to them by the Companies Act 2006.
- “Inappropriate Activity” means any of the following types of behaviour:-
- (a) defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights (including rights of privacy and publicity) of others (whether or not those others are Users);
- (b) publishing, posting, uploading, distributing, disseminating or circulating any inappropriate material or views including but not limited to defamatory, infringing, obscene, or unlawful material or information, racist, sexist or homophobic material or any material which contain viruses, corrupted files, or any other similar software or programs that may damage the operation of a third party’s computer or which may reasonably be expected to do so;
- (c) posting any images or other material that infringes any IPR or other proprietary right of any party;
- (d) advertising or offering to sell any goods or services for any commercial purpose unless you have our specific written permission;
- (e) posting, conducting or forwarding any surveys, contests, pyramid schemes or chain letters;
- (f) downloading any information file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner;
- (g) impersonating another person or entity, or falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is posted; or
- (h) restricting or inhibiting any user from using and enjoying the Website.
- “IPR” means copyright, trademarks, database rights and other intellectual property rights in all parts of the world.
- “Personal Data” means your name, address and other personal or contact information provided to us or posted on the Website.
- “Postings” means Visitor Content and Site Images.
- “Service” means the service of providing a design forum for Architects and via Arkitexture.com.
- “Site Images” means images posted by Architects on this Website.
- “User” or “You” means an Architect or Visitor.
- “Visitor” means a user of this Website who is not an Architect.
- “Website” or “site” means Arkitexture.com.
- Activity We may limit your participation in Arkitexture.com or bar you temporarily or permanently if we believe that you have engaged in any Inappropriate Activity.
- (a) Reporting Inappropriate or Illegal Activity
If you suspect that the Website is being used for any Inappropriate Activity, please report it immediately to [ ].
- (b) Security measures
We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.
- (c) Password
You will be issued with a password, which will enable you to access and use all areas of the Website. The password will be exclusive to you and you undertake not to disclose it to anyone else and accept that you will be responsible for all use of such password.
- (a) Reporting Inappropriate or Illegal Activity
Your personal data
- We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
- We may disclose your personal information to third parties:
- (a) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- (b) if all or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; or
- (c) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions or to protect the rights, property, or safety of third parties or other users of our site. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
- You recognise and accept that you bear sole responsibility for your Postings. You warrant that you have all rights necessary in respect of your Postings and that these do not infringe any IPR. You hereby indemnify us in respect of any third party claim that any of your Postings infringe any IPR.
- Architects hereby warrant that all Site Images are faithful representations of their work.
- We shall retain the right at all times to refuse to provide the Service or any part thereof, including without limitation, prohibiting you from using the Website in the future where we believe that any part of your Postings is incorrect or deliberately misleading and in our opinion under the laws of any jurisdiction from which it is possible to access the Website may:
- (a) constitute Inappropriate Activity;
- (b) be in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
- (c) harm our reputation in any way.
- We shall retain the right at all times to remove any Posting, message or notice from any forum on the Website where we reasonably believe that it contains or conveys material, the inclusion of which on the Website constitutes Inappropriate Activity or is likely to harm our reputation and upon receipt of notification from a third party to the effect that any such message or notice appears on the Website, we may in our absolute discretion take it down without reference to You. In the event that we believe that you are persistently abusing any forum on the Website, we may in our absolute discretion prohibit you from using the Website in future.
- Our rights under Clauses 4.3 and 4.4 above shall be without prejudice to your sole responsibility for your Postings and to the warranties given by you relating to that content in Clause 4.1 above.
Obligations, responsibilities and warranties
- You undertake to notify us of any changes to your Personal Data from time to time.
- You warrant, represent and undertake that no use of the Website by you shall involve Inappropriate Activity.
- You hereby acknowledge that you are fully responsible for all consequences of your Postings appearing on the Website.
- You hereby acknowledge that we are not responsible in any way for the content of or consequences of any exchanges or agreements you may have or arrange with any other User of Arkitexture.com.
- Without prejudice to Clause 5.4, you agree to take all reasonable precautions in relation to exchanging personal details with and in respect of meetings you may arrange with other Users of Arkitexture.com.
- We do not warrant that the provision of the Service will be uninterrupted or that all content on the site will be error-free.
- We are not responsible for any content you may find on any third party website to which you link from the Website, we do not endorse any such sites and you use them at your own risk.
- We hereby exclude all conditions and warranties, either express or implied, statutory or otherwise, including without limitation those relating to satisfactory quality or fitness for purpose.
- Without prejudice to Clause 5.5, you agree to indemnify us and hold us harmless against all damages, liabilities, costs and expenses which we may incur or sustain including without limitation the costs of defending any suit arising from your behaviour or activities or interactions with other Users of Arkitexture.com.
Limitation of liability
- We are not liable for any losses or damage you suffer through your involvement in Arkitexture.com howsoever arising.
- We are not liable for any viruses uploaded to the Website by third parties.
- We are not responsible for ensuring that Postings are legal and lawful and do not constitute Inappropriate Activity.
- We are not liable for any failure in respect of our obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
- None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from our negligence or that of our appointed agents.
- No matter how many claims are made and whatever the basis of such claims, our maximum aggregate liability to you under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 7.1 to 7.4 above or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to [ ].
Removal of postings
- If we terminate this Agreement with you, we will be entitled to remove and destroy your Postings without prior notice and without liability for the consequences of such deletion. You must retain your own backups.
- If you want your Postings removed from the Website, you must notify Us.
- Subject to Clause 9.2, these terms and conditions any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 9.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
- We may alter the terms and conditions by posting a new version on the Website and your subsequent use of Arkitexture.com will be subject to the revised terms and conditions.
- If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
- Any notice given pursuant hereto to you will be served by email to the address you registered on becoming a User or subsequently notified to us by you by email to firstname.lastname@example.org and will be effective 24 hours after transmission.
- Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
- Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
- This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
- Arkitexture Ltd offers products for sale on arkitexture.com and its e-commerce services are available both to individuals and professionals.
- Order Subject to Acceptance
- Arkitexture Ltd reserves the right not to process orders which do not comply with the business policy.
- All orders are subject to acceptance by the designer of the product line.
- These General Terms and Conditions of Sale regulate the offer transmission and acceptance of purchase orders relating to products on arkitexture.com between the users of arkitexture.com and Arkitexture Ltd.
How to execute a contract with Arkitexture Ltd?
- You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
- All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will be only made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
- Your order will not be processed until we have received the payment for your order.
- Unless otherwise specified, prices quoted on the website are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us.
- Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
Manufacturer will handle product shipments. Any shipments returned to manufacturer as a result of buyer’s unexcused delay or failure to accept delivery will require buyer to pay all additional costs incurred by manufacturer.
- Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale.
- You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
- Arkitexture Ltd may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we will inform you of this by email and we will not process your order.
If the order form has been sent and the price has been paid for items that are no longer available, Arkitexture Ltd will refund the amount paid for those items.
Images and sizes of products
- The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colours of the products. The products that are delivered to you may vary slightly from those images.
- Many wood and metal finishes are applied by hand and may vary in colour, tone and character. While manufacturer will make every effort to match a finish, no guarantee can be made of an exact match. Manufacturer does not guarantee finishes against fading and oxidizing. Variations in colour and veining are inherent in stone and wood and considered to be part of the natural beauty. Furniture and lighting is handmade, and therefore is subject to slight variations.
- Manufacturer does not guarantee fabrics, dyed or natural, from fading.
- Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
- All of manufacturer’s drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in the manufacturer’s catalogues, website or advertisements are close approximations only and intended to give a general description of the goods and shall not form part of this agreement.
- No contestation or refusal of merchandise will be accepted in relation to this subject.
Prices of products and payments
- The price of any Product will be as quoted on our site, except in cases of obvious error.
- Our prices may be modified at all times without prior warning.
- Payment of the product prices and relevant costs for shipping and delivery must be made using a debit card, credit card or transfer.
- Manufacturer requires payment for any shipment hereunder in advance. If buyer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, manufacturer may cancel any unshipped portion of this order, retain the goods and declare a forfeiture of the deposit as liquidated damages.
- In the alternative, manufacturer shall (in addition to other remedies available under any applicable uniform commercial code or otherwise by law) have the right to appropriate and apply the goods to payment due hereunder. Manufacturer may proceed to sell or otherwise dispose of the goods at public or private sale for cash or credit.
- Any proceeds of the goods may be applied by manufacturer to the payment of expenses and costs to exercise manufacturer’s rights hereunder, and any balance of such proceeds shall be applied against buyer’s account in such order as manufacturer shall determine in its sole discretion. Buyer will remain liable for the balance of all unpaid accounts.
Shipping and delivery of products
Shipping and delivery
- The designer will arrange the shipping of orders via one of their preferred carriers. All charges are proforma and will be included on the final balance due notice.
- Ownership of the product transfers to the customer (owner) upon the freight carrier taking possession of the order for transport. Therefore, responsibility for damage occurring in-transit is the owner’s and all claims for freight damage must be made within 72 hours of receipt.
Receipt of product
- Arkitexture Ltd recommends using a qualified receiving warehouse to receive, inspect, consolidate deliveries and facilitate in-home installation. All crated goods must go through a professional receiver such as a receiving warehouse.
- A receiving warehouse acts as an agent for the client and is responsible to note any damage and assist the owner with filing a freight claim when damage is found.
- A qualified receiving person should be present to accept products when delivered directly to a home.
- A signature on the Bill of Lading (BOL) upon receipt of the product confirms that the products are received in good condition unless exception is made on the BOL. If the merchandise is refused upon delivery for quality or damage issues, the receiver should contact us immediately.
- Full inspection must occur within 48 hours of delivery and all freight claims filed within 72 hours.
Inspection of product
- Inspect the cartons or crates carefully. Take photos of any damage to the packaging, this is necessary to resolve damage claims.
- Inspect the branded tape seal. If it is not intact or it is covered over, you should assume the package has been tampered with. Note this on the BOL.
- Unpack the cartons or crates. Inspect all merchandise carefully. Cartons and crates should always be unpacked in your presence. NEVER discard original packaging until satisfied with the delivery.
- If you are unable to inspect the merchandise at the time of receiving the shipment, note on the BOL that any concealed damage of boxed or crated products will be the responsibility of the carrier or the manufacturer as determined upon inspection of the products. Arkitexture Ltd must be notified within 48 hours of any concealed damage that is found. Keep a copy of the BOL. Save the packaging material and take pictures of the damage.
- All claims should be reported to the customer service manager at Arkitexture. We will forward reports onto the designer who will deal with any issues.
Product quality and in-transit damage reporting
- Products are inspected by the manufacturer prior to release to ensure that the order is in good condition, complete and ready for shipment.
- The carrier is responsible for a complete inspection of the products at the point of origin. Any damage must be noted on the BOL. The signed BOL is confirmation by the carrier that they have accepted responsibility for delivering the products in the condition in which they were received. Inspection of the boxed or crated products are limited to the exterior of the packages. Exceptions must be noted and the packages opened at once if the condition of the cartons or crates appear compromised.
- The fitting, installation and maintenance of our articles must be carried out by professionals.
Should you have any problem, please contact us at email@example.com
Exchange and return of products
Cancellation, returns and exchanges
- Our products are made to order, therefore orders cannot be cancelled and our products cannot be returned or exchanged unless they are damaged or defective.
- Changes in orders, returns or cancellations require prior written approval from the designer.
- The designer will be liable for all refunds; Arkitexture Ltd will contact the designer when a refund has been requested. It is up to the designer to accept or refuse the refunds. Arkitexture Ltd will pay the refund price to customers using the original payment method.
- If you are returning a product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to us.
- Defective products will be replaced within the normal production time period required to reorder and manufacture the same product.
- You must notify Arkitexture Ltd in case of an error, a damaged or a defective product. You must return the product in the same condition in which you received it. You have a legal obligation to take reasonable care of the product whilst it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- If you receive a product that is damaged or defective, you must contact us within 14 days of receiving the item by email (firstname.lastname@example.org) to arrange a return. We will put you in contact with the designer who will be liable for all returns of their products.
- The designer will arrange the examination of all products returned as damaged or defective, and will notify you of their acceptance of your refund via e-mail within a reasonable period of time. Products returned by you because they are damaged or defective will be refunded in full.
- In the event that the designer finds no fault with the returned products, you will be notified that the returned product cannot be accepted and you will have the products re-delivered to you at your charge.
- Lighting will not be accepted as a return if product has been installed, altered or damaged in any way.
Refund procedures in case of defective or damaged product
- If the recipient of the products indicated in the order form is different from the individual who made the payment, the amount paid for the returned item shall be refunded by to the individual who made the payment.
- The value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest lost.
- We will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise.
- Designers are fully freed from their delivery obligations in the case of force majeure or events such as the general mobilization of reservists, wars, strikes, res, natural catastrophes, transport delays, lack of raw materials, accidents or all other causes that may hinder the activity of our company or that of our suppliers.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the Services;
- pricing, shipping, format, or other guidance provided
- delays or disruptions in our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;