Terms & Conditions

 

This Website is owned and operated by Andrea Horgan Design, Palm Hills, London Road, Bracknell RG12 9FR, UK.

Before placing an order with Andrea Horgan Design you must make sure to read and agree to these Terms and Conditions. If you are unhappy with any aspect of these, then you should contact us at design@andreahorgan.com before placing your order with us.

 

1.0 Definitions

  • “Customer” means the party identified as the Customer in this Agreement to whom Andrea Horgan Design may agree to supply products in accordance with these terms and conditions.
  • “Andrea Horgan Design” means Andrea Horgan Design of Palm Hills, London Road, Bracknell RG12 9FR, UK.
  • “Products” means goods including but not limited to Interiors and Interior Design, Home Products and Services to be provided by Andrea Horgan Design to the Customer in accordance with these terms and conditions.

 

2.0 Buying Products on our Website

After placing an order with us, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

We must receive payment in whole for the goods that you order before your order can be accepted. Once payment has been received by us, we will send you an email confirming that your order has been accepted. Our acceptance of your order brings into existence a legally binding contract between us.

We do not take responsibility for under or over ordering of fabric or any other products.

 

2.1 Availability

All items are subject to availability. We will inform you as soon as possible, before accepting your order, if the products you have ordered are not available.

 

2.2 Prices and Payment

All prices on andreahorgan.com are Selling Prices and are given in British Pounds Sterling (£) and are shown inclusive of UK sales tax (VAT) at the current rate of 20% but exclusive of delivery costs.

Please see the Shipping section for current delivery costs.

Catalogues, Brochures and Price Lists issued by Andrea Horgan Design are intended only as an indication of price and range of products. These prices, descriptions and other details are correct at the time of issue but may be subject to changes by Andrea Horgan Design.

Please note Andrea Horgan Design has no control over any customs or import duties that could be levied when the package reaches your destination country and for which you will be liable.

You must pay by debit or credit card at the time of the order. The price of any product is the price in force at the date and time of your order. We may change the price of any product before you place an order. Before accepting your order, we will inform you if a product’s correct price is higher than that stated in your order and you may cancel the order.

 

2.3 Cancellation of Order

Under the Distance Selling regulations you have the legal right to cancel your order within one (1) hour after the order confirmation. If you want to cancel your order, you need to notify us in writing at design@andreahorgan.com within one (1) hour. Once you have notified us, any sum debited from your credit or debit card will be re-credited to your account as soon as possible and in any event within 14 days of your order.

In all other circumstances, cancellations must be made in writing and will only be accepted if the product is uncut, has had no requested modifications, is not already in transit or is not a bespoke order. Costs may be incurred for any cancellations made 48 hours prior to despatch.

 

3.0 Products

We reserve the right to withdraw products from our range at any time without prior notification.

There is a minimum order length of one (1) metre for fabric.

Our designs are printed on natural fabrics (100% Irish Linen and Linen Cotton Union) and as such have natural and manufacturing characteristics such as but not limited to slubs and knots. These are not considered imperfections or faults. When selecting a fabric, you must be aware of its suitability for purpose and of its characteristics.

Fabrics and dyes can be affected by light. Therefore we recommend that, where possible, products be positioned away from direct sunlight and heat to protect them from fading and premature wear.

Regular cleaning in accordance with the care instructions will also prevent dirt prematurely ageing or damaging your fabric.

We make every effort to display as accurately as possible the colours of our products that appear on our Website. However owing to variations in monitor display, we do not guarantee that the display of colours on our Website is accurate.  We strongly recommend that you order a sample of your preferred fabric before purchasing to eliminate doubt. Our aim is to keep road miles to a minimum so we are happy to send these free of charge.

Fabrics are supplied without any soil or flame retardant coatings. For upholstery, an appropriate treatment or a fire retardant interliner is required depending on end use and setting (Commercial or Domestic).

Bespoke products are subject to minimum orders and this will be quoted on a case-by-case basis.

 

3.1 Product Use

All of our products are designed for interior use unless otherwise stated. It is your, the Customer’s, responsibility to ensure that the product is fit for purpose for the end use. Andrea Horgan Design is not liable if our products are used outside our guidelines.

 

3.2 Product Descriptions, Colours and Characteristics

Every effort is made to ensure that the products we supply correspond as closely as possible to the samples displayed online, but there may be variations as natural materials have unique characteristics. No responsibility can be accepted for these variations, which all add to the unique features of our products including but not limited to the following:

  • On fabric the shade may vary slightly from one printing batch to another
  • There is a 3% allowance on fabric alignment.
  • All fabric measurements are approximate. Please allow +/- 2 cm variance on sizes stated. These may be more apparent if orders are placed at different times.
  • We reserve the right to make any change to the specifications of our products where necessary.

 

4.0 Delivery

To reduce wastage and road miles, orders are despatched directly from the linen mill. Any time quoted for despatch is to be treated as an estimate only and despatch may be postponed because of conditions beyond the reasonable control of Andrea Horgan Design. In such an event Andrea Horgan Design shall not be held liable for any damages or penalty for delay in despatch or delivery.

Risk passes to the customer on despatch and Andrea Horgan Design accepts no liability for loss or damage caused by the courier.

It is the responsibility of the Customer to check the products for shortages, faults, damage, incorrect products and the like on receipt. If products are damaged, or there are any discrepancies between the delivery note, the order, and the products the customer must notify Andrea Horgan Design within 48 hours of delivery.

Please see the Shipping section for current delivery costs.

 

5.0 Returns

Under the United Kingdom’s Distance Selling Regulations, you have the right to cancel your order up to 7 days after order receipt date, as long as the items are returned in their original condition and are suitable for re-sale. At Andrea Horgan Design we offer a 30 day returns policy from the date of receiving the goods. In this instance all refunds exclude postage costs, unless a mistake has been made by us.

Please return the goods, together with the returns slip provided, to Returns, Andrea Horgan Design, Palm Hills, London Road, Bracknell RG12 9FR, UK. Please retain a certificate of posting from your post office or a record of the tracking number as proof of postage if using a courier service. Please note that the cost of postage is your responsibility. If you need any assistance, please contact us at design@andreahorgan.com.

We strongly recommend that you order a sample of your preferred fabric before purchasing to eliminate doubt. Our aim is to keep road miles to a minimum so we are happy to send these free of charge.

Andrea Horgan Design reserves the right to refuse the return of any bespoke products unless found to be faulty.

 

6.0 Liability

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. In no circumstances whatsoever shall Andrea Horgan Design be liable for indirect or consequential loss or damage.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Nothing in these terms and conditions limits any statutory rights you might have as a consumer or our liability to you for any fraud, fraudulent misrepresentation, death or personal injury resulting from our negligence.

 

7.0 Information You Provide

You confirm that all information supplied by you in using this Website is true and accurate and that you have the legal authority to purchase goods or services using this Website.

By accepting these terms and conditions, you authorise us to use, store or otherwise process any personal information which related to and identifies you to the extent reasonably necessary to provide the services which are available through our Website.

 

8.0 Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical and electronic and managerial procedures to safeguard and secure the information we collect online.

 

9.0 Entire Agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of the contract between us. While we accept responsibility for statements and representations made by our duly authorised agents and we will provide you with any variations from these terms and conditions to be confirmed in writing.

 

10.0 Jurisdiction

This Website, these terms and conditions and any contract entered into as a result of usage of this Website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.

 

11.0 Privacy & Cookie Policy

Our full Privacy & Cookie Policy can be found here. Please read this Policy carefully before purchasing any product on our Website.

 

12.0 Intellectual Property

You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this Website is owned by Andrea Horgan Design or our licensors and shall remain at all times vested in us or our licensors as expressly authorized by us or our licensors.

 

13.0 Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

 

14.0 Force Majeure

Andrea Horgan Design reserves the right to cancel, vary or suspend the operation of contract of sale if events occur which are in the nature of Force Majeure including (but not limited to) fire, floods, storm, shortage of materials or labour.

 

15.0 Claims

Andrea Horgan Design will not consider any claim in any circumstance should any of the goods been cut, modified, hung or damaged in anyway.

Claims for labour charges will not be accepted under any circumstances.

It is an intrinsic character of textiles that variations in texture and colour exist. In particular, natural fibres may contain slubs and other irregularities and as such, claims for these will not be accepted under any circumstances.

 

16.0 Risk and Title

No order is binding on you or Andrea Horgan Design until we have accepted it. All title and ownership to the ordered products will pass to you from the moment they are despatched by us to the postal service, or to our carriers, or on payment in full by you of the price of the Goods and any delivery charge (if applicable); and risk will pass on delivery.

If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.

 

17.0 Waiver

A failure by us to exercise or enforce any right conferred upon us by these Terms and Conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

 

18.0 Amendments to these Terms & Conditions

We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.

 

Last updated: September 2020