hd_uk

GENERAL TERMS AND CONDITIONS

Article 1

Definitions

Customer: a natural person aged 18 or over or a legal entity with whom HelloDeco.co.uk has concluded an agreement for the supply of its product, or to whom HelloDeco.co.uk has made an offer to supply such a product.

Product:

  1. a reproduction of an image from the image archive of HelloDeco.co.uk or a customer image, manufactured by HelloDeco.co.uk following an individual, personal and specified order placed by the customer:
  • on textile fabric, stretched on a wooden frame of stretcher bars without a frame; and/or
  • on any other goods of a material nature offered by HelloDeco.co.uk.

Image archive: all images whether or not displayed on the HelloDeco.co.uk website, in respect of which HelloDeco.co.uk holds exclusive or non-exclusive rights. HelloDeco.co.uk: Dolle Bull B.V., established in Kollum, the user of these general terms and conditions, registered in the trade register of the Chamber of Commerce under number 55410065. Terms and Conditions: these general terms and conditions. Website: the website of HelloDeco.co.uk, namely www.HelloDeco.co.uk. Customer image: an analogue or digital image provided (electronically) by the customer. Material: information carriers and/or physical documents by which the customer makes the customer image available to HelloDeco.co.uk. Photo product: a reproduction of an image from the image archive of HelloDeco.co.uk or a customer image, manufactured by HelloDeco.co.uk.

Article 2

Applicability of these general terms and conditions

2.1. These general terms and conditions apply to all agreements concluded between HelloDeco.co.uk and a customer, as well as to all offers made by HelloDeco.co.uk to a customer to enter into such an agreement.

2.2. HelloDeco.co.uk explicitly rejects any reference to other general (purchasing) terms and conditions, however named.

Article 3

The agreement

3.1. The agreement is concluded after the customer has placed an order by completing and submitting the designated order form online on the website, and HelloDeco.co.uk has accepted this order.

3.2. Final acceptance of the order can only take place after HelloDeco.co.uk has been able to assess the (nature and condition of the) (customer) image to be reproduced in conjunction with the order placed by the customer. HelloDeco.co.uk aims to notify the customer of the acceptance of the order, or to inform the customer that the order will not be accepted, electronically within eight days of receipt of the order. Failure to respond to an order within the stated period does not constitute tacit acceptance of the order.

3.3. Should HelloDeco.co.uk not accept the order, HelloDeco.co.uk will delete the customer image submitted electronically by the customer. Any information carriers and/or physical documents, including photographs, will be destroyed by HelloDeco.co.uk unless the customer wishes to have these items returned. Return shipment will only take place at the customer's expense. Shipping costs must be paid by the customer at HelloDeco.co.uk's request before HelloDeco.co.uk proceeds with the shipment.

3.4. The rights arising from an agreement are non-transferable by the customer to third parties.

3.6. If the customer cancels an order after the agreement has been concluded, the customer is obliged to fulfil their payment obligation, with the exception of the case referred to in Article 8 of these general terms and conditions.

3.7. HelloDeco.co.uk guarantees that the product complies with the agreement and the statutory provisions and/or government regulations in force on the date the agreement was concluded. HelloDeco.co.uk strives for the best quality regarding its products, but cannot guarantee that a product will always meet the customer's expectations regarding the quality or other characteristics of the product.

Article 4

Prices

4.1. The prices used by HelloDeco.co.uk are listed on the website and are inclusive of VAT at the applicable UK rate and any other charges and costs applicable to the sale and/or shipment of the product. The customer's order is deemed to include the customer's agreement to the price applicable to the product at the time the order is submitted. If the customer wishes a special effect and/or a modification deviating from the standard processing, this will result in an additional charge. This will be stated by HelloDeco.co.uk in the order confirmation. In such a case, the agreement is only concluded after the customer has accepted the total price stated in the order confirmation in writing or electronically.

4.2. If the prices are changed by HelloDeco.co.uk before HelloDeco.co.uk is able to assess the customer image to be provided by the customer, the acceptance of an order is deemed to be based on the new price. The customer must confirm to HelloDeco.co.uk within five days of receipt of the acceptance sent by HelloDeco.co.uk whether they wish to maintain the order based on the changed price. Without this confirmation, no agreement is concluded between HelloDeco.co.uk and the customer.

4.3. For business customers registered for VAT in the United Kingdom, HelloDeco.co.uk will state the customer's UK VAT registration number on the invoice where applicable. If the VAT registration number is not known to HelloDeco.co.uk and is not provided upon request, HelloDeco.co.uk will charge VAT at the standard UK rate. For sales to VAT-registered businesses outside the UK (including EU member states), the applicable cross-border VAT rules will apply in accordance with HMRC regulations. The customer indemnifies HelloDeco.co.uk against all damages and/or other losses suffered by HelloDeco.co.uk if it transpires that the customer has provided incorrect or incomplete VAT information.

4.4. Discounts are never valid in combination. In the case of combined discounts, the highest discount percentage applies.

Article 5

Payment

5.1. HelloDeco.co.uk has outsourced the handling of payments to MultiSafepay B.V. (www.multisafepay.com). Payment must be made by one of the following methods:

  • Payment in advance by debit card or credit card (Visa, Mastercard)
  • Payment in advance via PayPal
  • Payment in advance via Apple Pay or Google Pay
  • Payment afterwards via Klarna (www.klarna.com/en-gb)

5.2. In the case of payment afterwards via Klarna, the customer must observe the payment term stated on the invoice or digital payment request. If no payment term is stated on the invoice or payment request, a maximum payment term of fourteen (14) days applies.

5.3. In the case of payment afterwards, the product delivered by HelloDeco.co.uk remains the property of HelloDeco.co.uk until the full purchase price has been paid by the customer.

5.4. All prices are displayed in pounds sterling (GBP). HelloDeco.co.uk accepts no responsibility for any currency conversion charges that may be applied by the customer's bank or payment provider.

Article 6

Delivery

6.1. The place of delivery is the delivery address provided by the customer to HelloDeco.co.uk.

6.2. The customer guarantees that the address provided is correct and that this address is accessible by normal postal or courier delivery via a properly paved road.

Article 7

Delivery time

7.1. The standard delivery time of a product is as stated on the website. This is calculated from the date of receipt of the order, or from the date of receipt by HelloDeco.co.uk of the customer's payment of the agreed price including VAT and additional costs. The later of the two aforementioned times determines the start of the delivery period.

7.2. If payment by invoice has been expressly agreed, the delivery period begins on the day after HelloDeco.co.uk sends confirmation of acceptance of the order.

7.3. The delivery time referred to in paragraph 1 is not a fixed deadline. If HelloDeco.co.uk does not deliver within this delivery time, HelloDeco.co.uk will only be in default after the customer has given HelloDeco.co.uk written or electronic notice of default and has set a final deadline for fulfilment of at least fourteen days, and HelloDeco.co.uk has failed to fulfil within this period.

Article 8

Default / Liability

8.1. HelloDeco.co.uk's photo products are custom-made to the customer's individual specifications. As permitted under the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, there is no right of cancellation for personalised or custom-made goods. Every photo product consists of a combination of individual choices such as: image, size, material on which the image is printed, and optionally the finishing of the material.

If there is a failure in performance on the part of HelloDeco.co.uk — other than a failure regarding delivery time — which failure is fully attributable to HelloDeco.co.uk, HelloDeco.co.uk will only be in default after the customer has given HelloDeco.co.uk written or electronic notice of default and has set a final deadline for fulfilment of at least fourteen days, and HelloDeco.co.uk has failed to fulfil within this period.

Such a failure does not in any case include poor product quality resulting from the poor quality of the customer image provided by the customer, or resulting from the customer's specifications.

If HelloDeco.co.uk is in default with respect to the fulfilment of the agreement, the customer has the right to cancel the order and receive a full refund. In the event of cancellation, HelloDeco.co.uk will refund any price paid in advance to the customer within 14 days (this is the "not satisfied, money back" guarantee). The refund will be made using the same payment method used by the customer, unless expressly agreed otherwise.

In all other cases, HelloDeco.co.uk may at its discretion choose to provide the customer with a voucher by way of goodwill, but is not obliged to do so. HelloDeco.co.uk is entitled to attach further conditions to the voucher.

In all cases, the customer must return the product already delivered to HelloDeco.co.uk at their own expense and risk, unless the product is faulty or not as described, in which case HelloDeco.co.uk will bear the cost of return in accordance with the UK Consumer Rights Act 2015.

8.2. If HelloDeco.co.uk is in default with respect to the fulfilment of the agreement and the customer does not cancel the order on that basis but requests performance, HelloDeco.co.uk has the right to:

  • replace any defective product already delivered; or
  • provide the customer with a voucher to the value of the product already delivered; or
  • refund the purchase price in full within 14 days.

In the latter case, the agreement is deemed to have been dissolved. In all cases, the customer must return the product already delivered to HelloDeco.co.uk at their own expense and risk, unless the product is faulty or not as described, in which case return costs will be covered by HelloDeco.co.uk.

8.3. Nothing in these terms and conditions limits or excludes HelloDeco.co.uk's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable UK law, including the Consumer Rights Act 2015.

Subject to the above, HelloDeco.co.uk's liability per order is limited to the net invoice amount (invoice amount excluding VAT). In the case of an order consisting of several separate components, HelloDeco.co.uk's liability is limited to that part of the net invoice amount corresponding to the part of the order in respect of which HelloDeco.co.uk has failed.

8.4. The customer must inspect the delivered product for defects immediately upon delivery. Any defects in the delivered product must be reported by the customer to HelloDeco.co.uk in writing or electronically as soon as possible after delivery, but no later than three working days after delivery. This does not affect the customer's statutory rights under the Consumer Rights Act 2015, which provides that customers have up to 30 days to reject faulty goods and up to six years to bring a claim for faulty goods (in England and Wales).

8.5. In the case of payment by invoice, the invoice is deemed to have been accepted as correct and due by the customer, unless a complaint is made within three working days of receipt of the invoice.

Article 9

Customer images and materials provided

9.1. The customer provides the customer image and materials to HelloDeco.co.uk at their own risk.

HelloDeco.co.uk will handle the customer image and/or materials provided with the care reasonably expected of HelloDeco.co.uk. In the event of the unexpected loss or damage of the customer image and/or materials, HelloDeco.co.uk is not liable for any damage suffered by the customer as a result, except in the case of intent or gross negligence on the part of HelloDeco.co.uk, and except insofar as HelloDeco.co.uk is entitled to an insurance payout under a damage insurance policy taken out by HelloDeco.co.uk. In the latter case, HelloDeco.co.uk's liability is limited to the amount paid out by the insurer under the policy. HelloDeco.co.uk is under no obligation to take out such insurance, unless expressly agreed with the customer.

9.2. The customer should, where reasonably possible, retain a copy or backup of the customer image and/or materials before making them available to HelloDeco.co.uk.

9.3. The customer is responsible for the nature and quality of the customer image and materials provided. HelloDeco.co.uk is not liable for damage to the customer image and/or materials provided if such damage has arisen because HelloDeco.co.uk acted on incorrect and/or incomplete information provided by the customer regarding the nature, content, composition and/or extent of the customer image and/or materials.

9.4. In all cases where the customer provides a pornographic customer image involving a minor, HelloDeco.co.uk will report this to the police.

Article 10

Industrial or intellectual property rights

10.1. The industrial or intellectual property rights of the products or images from the image archive rest with HelloDeco.co.uk or its licensors.

The customer guarantees that the customer image, the use of the customer image by HelloDeco.co.uk to process the order, or the use of the product with the customer image by the customer — does not infringe the intellectual property rights (including copyright and portrait rights) of third parties.

10.2. With regard to customer images, HelloDeco.co.uk accepts no liability upon acceptance of an order for infringement of any intellectual property right of third parties resting thereon. If HelloDeco.co.uk is held liable by third parties for infringement of any intellectual property right, the customer indemnifies HelloDeco.co.uk against all damages suffered by HelloDeco.co.uk as a result, including any amounts for which HelloDeco.co.uk is held liable by third parties and including costs incurred by HelloDeco.co.uk.

Article 11

Applicable law and jurisdiction

11.1. These terms and conditions and any agreement concluded with the customer are governed by the laws of England and Wales. If the customer is based in Scotland or Northern Ireland, the customer may also have rights under Scots law or Northern Irish law respectively, and nothing in these terms and conditions affects the customer's right to rely on such applicable local law.

11.2. In the event of a dispute arising from an agreement concluded with the customer, or regarding the interpretation of these general terms and conditions, both parties will first attempt to resolve the dispute amicably through mutual consultation. If no resolution can be reached, the dispute will be submitted to the exclusive jurisdiction of the courts of England and Wales, subject to the provisions of clause 11.3 below.

11.3. If the customer is a consumer residing in the United Kingdom, nothing in these terms and conditions affects the customer's right to bring proceedings in the courts of the country within the UK in which they reside (England and Wales, Scotland, or Northern Ireland). Consumers also retain all statutory rights afforded to them under UK consumer law, including but not limited to the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regardless of any other provision in these terms and conditions.

11.4. In the event of a dispute, customers may also make use of the following options for alternative dispute resolution (ADR):

  • An accredited ADR provider, details of which will be provided by HelloDeco.co.uk upon request

Article 12 – Transport Damage

12.1. If goods are delivered with visible transport damage, please contact us immediately via info@hellodeco.com

12.2. Failure to report transport damage does not affect your statutory warranty rights under the Consumer Rights Act 2015. However, prompt notification allows us to replace or compensate you more quickly.

Article 13 – Warranty

13.1. Warranty is granted in accordance with statutory provisions, including the Consumer Rights Act 2015, which provides that goods must be of satisfactory quality, fit for purpose, and as described.

13.2. Any defects in the delivered product must be reported by the customer to HelloDeco.co.uk as soon as possible after delivery, but no later than three working days after receipt, either in writing or electronically. This does not affect the customer's statutory right to reject faulty goods within 30 days of delivery, or to bring a claim for faulty goods within six years (in England and Wales) under the Consumer Rights Act 2015.

13.3. In cases of payment by invoice, the invoice shall be deemed accepted and payable by the customer unless disputed within three working days of receipt.

Article 14 – Liability

14.1. Nothing in these terms and conditions limits or excludes HelloDeco.co.uk's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, defective products under the Consumer Protection Act 1987, or any other liability that cannot be excluded or limited under applicable UK law.

14.2. Subject to article 14.1, HelloDeco.co.uk excludes liability for minor or slight negligence, insofar as such negligence does not concern essential contractual obligations.

14.3. HelloDeco.co.uk accepts no liability if the service is temporarily unavailable or if uploaded content is deleted for technical reasons beyond HelloDeco.co.uk's reasonable control. Furthermore, HelloDeco.co.uk shall not be liable for risks associated with the use of the internet, particularly with regard to uploading images to the website, except where such risks arise from HelloDeco.co.uk's own negligence or wilful misconduct.

Article 15 – Intellectual Property and Copyright

15.1. Subject to the other provisions of these terms and conditions, HelloDeco.co.uk retains all rights and powers granted to it under the Copyright, Designs and Patents Act 1988 and any other applicable intellectual property legislation.

15.2. All images, designs, drawings, films, software, texts, audio recordings, products, and other materials or electronic files created by HelloDeco.co.uk in connection with an agreement remain the property of HelloDeco.co.uk, regardless of whether they have been made available to the customer or third parties, unless otherwise agreed in writing.

15.3. All documents and materials provided by HelloDeco.co.uk are intended solely for use by the customer and may not, without prior written consent from HelloDeco.co.uk, be reproduced, published, or disclosed to third parties, unless otherwise evident from the nature of the documents provided.

15.4. HelloDeco.co.uk reserves the right to use knowledge and expertise obtained during the execution of an agreement for other purposes, provided that no confidential information belonging to the customer is disclosed to third parties.

15.5. All content on the website is the property of HelloDeco.co.uk and may not be reproduced or published without prior written permission.

15.6. HelloDeco.co.uk does not guarantee that products supplied to the customer are free from third-party intellectual or industrial property claims and accepts no liability in the event of third-party allegations that a product supplied by HelloDeco.co.uk infringes upon such rights, except where such infringement results from HelloDeco.co.uk's own actions.

Article 16 – Liability for Improper Use

16.1. HelloDeco.co.uk is not liable for any damage arising from improper use of its products, including damage resulting from incorrect installation or failure to follow the provided instructions, except where such damage arises from a defect in the product itself or from HelloDeco.co.uk's negligence.

16.2. The customer is obliged to use the delivered products in accordance with any enclosed instructions and safety guidelines. HelloDeco.co.uk accepts no liability for damage to personal property caused by improper use or installation of the products, subject to the customer's statutory rights under the Consumer Rights Act 2015 and the Consumer Protection Act 1987.

Article 17 – Payment Terms

17.1. Payment may be made by debit card, credit card (Visa, Mastercard), PayPal, Apple Pay, Google Pay, or via Klarna. All prices are displayed and charged in pounds sterling (GBP).

17.2. Outstanding amounts must be settled within 30 days of the invoice date. Failure to do so may result in the cancellation of your order.

17.3. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, HelloDeco.co.uk offers payment by invoice as a payment option. The payment period is 14 days from dispatch of the goods or, in the case of services, from the date the service becomes available. Payment must be made directly to Klarna. Please note that payment by invoice is only available to consumers and is subject to a positive credit assessment. The complete terms and conditions for payment by invoice can be found on Klarna's website at www.klarna.com/en-gb. Klarna may review and evaluate your data and exchange it with other companies and credit agencies for legitimate purposes. Your personal data will be processed in accordance with UK data protection laws and Klarna's privacy policy.

17.4. The available payment methods may vary depending on the delivery address provided. If you provide an address outside the United Kingdom, your payment options may be adjusted or limited accordingly.

Article 18 – Credit Assessment

18.1. Where HelloDeco.co.uk provides services in advance, such as payment by invoice, HelloDeco.co.uk may, in order to protect its legitimate interests, carry out or request a credit assessment to evaluate the statistical probability of non-payment. The results of such an assessment may be used to make a balanced decision about entering into, continuing, or terminating a contractual relationship. Any credit assessment will be carried out in accordance with UK data protection laws, including the UK GDPR and the Data Protection Act 2018. Your legitimate interests will be safeguarded in accordance with applicable legal requirements.

Article 19 – Final Provisions

19.1. Should any provision of these terms and conditions be found to be invalid, unenforceable, or void under applicable law, the remainder of the agreement shall remain in full force and effect. In such cases, the invalid or unenforceable provision shall be replaced by the nearest valid provision that most closely reflects the original intent.

19.2. These terms and conditions, and any agreement concluded with the customer, are governed by the laws of England and Wales, as set out in Article 11.

19.3. By placing an order and accepting these terms and conditions, the customer acknowledges and agrees to all provisions contained herein.