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terms and conditions

These terms and conditions set out the basis on which you can visit and use this website.  Please read them carefully as they contain important information.
Terms and conditions
Introduction
Welcome to the notmassproduced.com website (“the Site.”).  This Site is owned and operated by Not Mass Produced (“NMP”).  NMP provides the service (“the Service”) subject to these terms and conditions (“the Terms and Conditions”). NMP brings together many talented craftspeople (“the Artisans”) to showcase their products, making it easier for you the buyer (“the Customer”) to find and buy these products.  By using this Site and Service, you agree with and accept all of the Terms and Conditions.  Please note that you cannot use this Site if  you do not agree to these Terms and Conditions. If you want to ask us anything about these Terms and Conditions or have any comments or complaints on or about our Site, please email us at enquiries@notmassproduced.com.
NMP is a venue
The Site acts as a venue only, to allow the offer, promotion, buying and/or selling of goods and/or services.  NMP is not a retailer.  NMP do not at any time own or possess the products offered through the Site and as a result do not have control over the quality, safety or legality of the items listed.  The contract is concluded directly between the seller (the “Artisan”) and you the Customer.  NMP’s obligations in respect of any transaction are strictly limited to receipt of payment on behalf of the Artisan. 
Release
As we are a venue, in the event that you have a dispute with one or more Artisans, you release NMP from all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Ownership of Rights
All intellectual property rights, including copyright in this Site, and in the material published on it, are owned by or licensed to NMP.  All such rights are reserved.
Eligibility to purchase
The purchase of goods through NMP is strictly limited to parties who can lawfully enter into and form contracts.  By accepting theses Terms and Conditions you acknowledge that you have the capacity and the authority to lawfully enter into such contracts. In order to make purchases through the Site you will be required to register and provide personal details.  In addition you will be required to provide payment details.  You represent and warrant that the payment details and any other details which you provide are both valid and correct.  You confirm in particular that you are the person referred to in the billing information provided.
Accuracy of content
NMP and its Artisans take every care in the preparation of the content of this Site.  However, orders will only be accepted if there are no material errors in the description and/or translation of the goods or their prices as advertised on this Site.  All prices are displayed inclusive of tax, if applicable.  Weights, dimensions and capacities given are approximate only.  We have made every effort to display as accurately as possible the colours of our products that appear on the Site.  However, as the actual colours you see will depend on your screen monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.  Please be aware that handmade items are subject to variations in colour, size and shape owing to the unique nature of the product.  Wrapping may vary.  To the extent permitted by law, NMP and its Artisans disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site.  NMP and its Artisans shall not be liable to any person for any loss or damage which may arise from the use of the information contained in any of the materials on this Site.
Damage to your computer
NMP makes every effort to ensure that this Site is free from viruses or defects.  However, we cannot guarantee that your use of this Site won’t cause damage to your computer.  Your use of the Site and Service is at your sole risk.  It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it.  NMP shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.
Conditions of use
Purchases made on the Site are for the personal use of the Customers or for gift purposes only.   You undertake that you will not resell any goods bought through the Site or offer any goods for resale or use them for any commercial purposes or obtain any other commercial benefit, in any country.  In light of the above, NMP reserves the right to, at its sole discretion, restrict ordered items being shipped to any one Customer or postal address.
Password security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account.  Neither NMP or its Artisans shall be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

The Site and service

NMP will try to ensure that availability of the Site will be uninterrupted.  Due to the nature of the Internet however, this cannot be guaranteed and we reserve the right to withdraw or amend the service we provide on the Site without notice.  We will not be liable if for any reason the Site is unavailable at any time or for any length of time.  

NMP is not responsible in any way for listings provided by Artisans.  We cannot give any undertaking that goods you purchase through this Site will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.  This disclaimer does not affect your statutory rights with the Artisan.    

Orders

All orders are subject to acceptance and availability.

Artisans offer products for sale that are in stock and available for dispatch.  Occasionally, however, during periods of high demand, products will sell out.  In this case you will be notified by email and you can then wait for the revised delivery date or cancel your order.

Acceptance of your order

Once you have made your choice and your order has been placed, you will receive an email from NMP acknowledging the details of same.  This email is not an acceptance of your order.  Artisans reserve the right not to accept your order in the event, for example, that NMP are unable to obtain authorisation for payment, that the item is out of stock or that it is withdrawn for any reason.

The Artisan will send an email on despatch with contact information.  It is the Artisan’s responsibility to provide any questions about delivery.  Complaints from a Customer, issues relating to damage of goods, returns and refunds are solely the Artisan’s responsibility. 

Acceptance of your order by an Artisan will take place upon despatch of the product(s) ordered.

Prices

We cannot confirm prices prior to acceptance of your order.  Prices payable for products are those in effect at the time of delivery, unless otherwise expressly agreed.  Prices are in the currency you chose, pounds sterling or euros, quoted on the Site.

We reserve the right to notify you of any mistakes in product/service descriptions or errors in pricing prior to despatch.  In such event if you choose to continue with fulfilment of the order, you acknowledge that the product/service will be provided in accordance with such revised description or corrected price.

Payment

Payment can be made by credit or debit card through HSBC, our on-line payment facility.

Payment will be debited and cleared from your account upon receipt of your order by NMP.  You confirm that the credit/debit card that is being used is yours.  All credit/debit card holders are subject to validation checks and authorisation by the card issuer.  If the issuer refuses to authorise payment to NMP, we will not be liable for any delay or non-delivery.

Delivery

Your shopping basket on the Site displays the goods and/or services you have chosen, the Artisan who will supply them and details of post and packing. The delivery costs for each Artisan may vary according to the delivery methods they offer. Any delivery times quoted are estimates only, based on availability and normal delivery time in working days.

Artisans will aim to deliver within 7 days.  In all cases delivery times are estimates only and despatch may be slightly delayed so please allow up to 30 days.  Items are normally in stock if shown on the Site, but if demand is high, your order may not be delivered until new stock is available. This can take up to 8 weeks.  If an Artisan is unable to perform the whole or part of the order due to any cause beyond its control we may by notice in writing to you cancel the order in whole or in part without liability.  Title to the goods shall pass to you on despatch of the products.

Note that our Artisans only deliver goods to countries within the EEC.

Post & packing

Artisans set their own post and packing rates and therefore are subject to variation.  These may be shown on the Artisans own pages, or will be shown before payment is made.  Please check with the individual Artisans.  Dispatch of the goods to the customer is the responsibility of the Artisan.

Gift messages
The gift message service is for your own personal use.  You agree that any messages sent by us on your behalf to a third party will not contain anything which could be construed as harassing, vulgar, threatening, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable.  You also agree you will not impersonate any person.  You are entirely responsible for any text or other material which you send on this message system and NMP or its Artisans accepts no liability for any such content.  Our Artisans have the right to refuse to send messages and terminate access to the gift message service at any time and without liability to you.
Cancellation, returns and refunds

As far as we are aware, Artisan's returns policies comply with all relevant legislation.

You may cancel your order at any time after you have placed it up to and including 7 days after the day on which you receive the goods, unless they fall into any one of the categories mentioned below:

·         The goods are prepared according to customer specification, or made to order

·         The nature of the goods are unsuitable for return, for example for reasons of hygiene

·         The goods can spoil quickly or whose expiration date would be exceeded

We request that all goods are returned to the Artisan within 30 days of the date of cancellation at your own cost.  Please do not return goods to NMP.

Returns received outside this time scale are accepted at the discretion of the Artisan.  Please obtain proof of posting as Artisans cannot be held responsible for parcels lost on return to them. All goods returned to an Artisan must be unused, in their original packaging and in a re-saleable condition.

In the case of returned orders, payments will be refunded within 30 days of the date of receipt of the returned goods.  All undamaged, unused, correctly returned products will be credited to the original purchasers’ credit card excluding post and packing.  If goods are deemed to be faulty, a full refund will be made and postage paid by the Artisan.  Exchanges are possible if the item is available.  For cancellation of a service, please refer to the Artisan concerned, to their individual Conditions.

Where goods are delivered to a third party you will only be able to exercise this right if you are able to return to the Artisan the goods you ordered, in the condition as described above.

If you return a gift wrapped order, we do not refund the gift wrap service charge, if a charge was applicable.

Use of the Site
Any use of this Site or its contents are for personal use only.  Any commercial use is prohibited without the express written permission of NMP.
We grant you a limited licence to access and make personal use of the Site, but not to download or modify it, or any portion of it, except with express written permission from NMP.
Other legal Notices
There may be legal notices on other areas of this website which relate to your use of this Site, all of which will, together with these terms and conditions govern your use of this Site.
Changes to legal Notices
We reserve the right to change these terms and conditions from time to time.  We will notify such changes to you by uploading them on the Site.
Limitation of liability

NMP use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of our obligations in relation to these terms and conditions, if the delay or failure was due to any cause beyond our reasonable control. 

NMP shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, income, anticipated savings, goodwill, use, data or other intangible losses resulting from a) the use or inability to use the site or service b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transaction entered into through or from the Site or Service.

Severability

If any of these Terms & Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Events beyond our control

Where an Artisan is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control, the date of delivery shall be postponed for the period that the circumstances continue.

Entire agreement

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

Law and jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales.

Any dispute will be subject to the exclusive jurisdiction of the English courts to which parties irrevocably submit.