Terms & Conditions

Date of last update: October 18, 2020

General

This website, hereafter “the Website”, is operated by Bertram Whitford. Throughout the Website, the terms “we”, “us” and “our” refer to Bertram Whitford. Bertram Whitford offers this Website, including all information, tools and services available from this Website to you, the user, hereinafter “you” or “your”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, as well as your acceptance of our Privacy & Cookies Policy. Please read these Terms & Conditions and our Privacy & Cookies Policy carefully before accessing or using our Website.

Bertram Whitford does not sell products to children under the age of 16 on this Website. If you are under 16, you may use the non-transactional parts of the Website but you may not purchase products from the Website. By ordering Products you represent that you are 16 years of age or older.

We reserve the right to amend this Terms & Conditions at any time, so you should check this page regularly to take note of any changes.

The Website is owned and operated by Bertram Whitford. Placing an order for goods on the Website indicates your acceptance of our terms and conditions. All communication to you from the Website will be addressed to your email address as supplied when you register. If you do not receive a confirmation email after registering or placing an order please contact us immediately. the Website online will not be responsible if you should fail to receive emails sent to the email address you provide when you register. We reserve the right to amend the Terms & Conditions at any time, so you should check this page regularly to take note of any changes.

Privacy Policy

We take your privacy very seriously. All information you give us is kept completely confidential and we will never pass your information onto any other companies for marketing purposes. When making an order we will require your name, address and contact details and this information will only be used for the purposes of processing your order and managing your account with us. Information we collect about you will not be disclosed to any third party without your prior consent or the requestor’s demonstrated legal authority to receive it. If at any time you would like to know what information we possess about you, please contact us.

In disclosing your personal details through this website, you consent to the collection, storage and processing of your personal information in the manner described above. In the unlikely event of any changes to be made to this policy, you will be notified and given the opportunity to amend your account accordingly. Please also see our Privacy and Cookies Policy.

Your use of this website

Misuse of this website is prohibited. You must not use the site for any purpose that could damage the name of Bertram Whitford or any goodwill attached to the same. You must not use the website for illegal, criminal or fraudulent activity (including breaches of copyright, trademarks, patents and/or privacy) or in any manner which would cause harm or distress to any third party. Breaching this provision would constitute a criminal offence and any such breach will be reported to the relevant law enforcement authorities. Fraudulent use of credit cards will also be reported to the relevant authorities. Bertram Whitford is not responsible for any damage caused by the misuse of this website or from any information contained herein.

Permission is granted to electronically copy and print only those areas of the site so required in the process of using the site as a shopping resource. Copying, modifying, or distributing any part or content of the site for any other reason, without prior written permission from Bertram Whitford is expressly prohibited. These conditions do not affect your statutory rights.

Disclaimer

Other than where stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way affiliated, associated or linked with Bertram Whitford. Any trademarks/names featured on this Website are owned by the respective trademark owners. The use of a trademark or brand name in this Website is purely to describe or identify products and services and is not an endorsement of the same by Bertram Whitford.

Linking to this website

Provided it is done in such a way that does not cause damage to our reputation, and is done in a fair and legal manner, you may link to our home page. You are not permitted to create this link in a way that suggests any association or endorsement with or from us, without our consent. We reserve the right to withdraw linking permission without notice.

Disclaimer of liability

The information displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, Bertram Whitford, its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Bertram Whitford shall not be liable for any damages whatsoever, including but without limitation, to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, that may arise out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon. This does not affect Bertram Whitford’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Payment

Payments can be made by any major credit card, Banking transactions will be carried out by Paypal, Bertram Whitford’s designated payment partner. Paypal meets Level 1 PCI Data Security Standards. Bertram Whitford does not have any access, nor store any debit/credit card numbers. These are managed directly by Paypal. The online payment transaction will be encrypted to give you maximum protection while shopping with us.

For UK orders we also offer the option of spreading to total amount of your order into 3 monthly installments with no interest, via our partner Klarna. In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.

In the event of payment being declined by your card issuer, Bertram Whitford shall not be responsible for any costs or inconvenience caused by a subsequent delay in despatch.

Pricing

Prices quoted for bespoke pieces of furniture are only valid for 30 days from the date shown on the quotation or the email stating said price. Prices are quoted on the basis of information supplied by you. If the information supplied is incomplete or misleading or your plans are subsequently amended Bertram Whitford reserves the right to increase its prices accordingly. Payment is due immediately upon receipt of our invoice, except where credit facilities have been approved in writing. Credit terms are strictly 14 days from the date of the invoice. We shall be entitled to cancel and/or suspend the services if any payment is not made on the due date. Any already delivered intellectual property, samples or prototypes stay rightfully in the possession of Bertram Whitford until full payment is received. In addition, we reserve the right to charge interest at 3% above our bank base rate on overdue payments. You shall have no right of set-off or to withhold payment or deduct any amount for any reason whatsoever.

Cancellation

In the event that you cancel the services after accepting an order, you shall be liable in full for all costs incurred by Bertram Whitford in relation to the order up to the time of cancellation and any costs or expenses incurred by Bertram Whitford or to which we are committed prior to, or as a result of, your termination of the agreement. No refunds of payments made by you shall be given under any circumstances.

Your obligations

You will provide or assist us in obtaining whatever samples, materials, text or information are required for the provision of the services. We reserve the right to charge for time spent acquiring or amending such samples, materials, text or information where those supplied by you are inadequate, or where your instructions are inaccurate or incomplete.

You should not send original or unique materials to us and we accept no responsibility for loss or damage to your material stored at our premises in any form.

You will review all designs, specifications, drafts and proofs provided by us and provide feedback and/or approval in a timely manner. You will thoroughly check such designs, specifications, drafts and proofs provided by us before signing off on them. Once written approval has been given you will have no further opportunity to make changes to the final product and we shall not be responsible for any error subsequently discovered in the final product. Nor will we be liable for your dissatisfaction with the product where the final product is produced in accordance with the signed-off specification. Any changes we do subsequently agree to make will be at our sole discretion and we reserve the right to charge for them. Any claims for damage or short supplied goods must be made in writing within seven days of goods being received.

Retention of title

All goods or services sold or supplied by us remain our property until payment is made in full.

Intellectual Property

You represent and warrant to Bertram Whitford that any elements of text, graphics, images, designs, trademarks or other material supplied or disclosed to us are your property or you have permission from the rightful owner to use each of those elements and that use of such material by us shall not infringe the intellectual property rights of any third party. We will inform the relevant governing bodies in the event that we finds ourself in possession of an illegal image. Any product produced by Bertram Whitford for you using or containing anything supplied or disclosed by you which infringes the intellectual property rights of any third party will remain your liability and you will indemnify and keep indemnified Bertram Whitford against any loss, damage claim or expense arising out of such infringement.

Where all sums owed to us under this agreement have been received, Bertram Whitford will assign to you all intellectual property rights (including copyright) in the final product as are owned by us and capable of assignment only when this has been agreed in writing and signed by both parties and will not form part of the contract unless explicitly agreed.

All images, text, layouts, website scripts and source code appearing on or associated with the Website are copyright of Bertram Whitford.

All media published on the Website remain the intellectual property of Bertram Whitford. We shall have the right to use your name & logo royalty-free in our own marketing material.

Warranties and liabilities

Bertram Whitford warrants that to the best of our knowledge and belief the final product shall not infringe any third-party rights or be in any way contrary to English law. All other warranties or representations whether express, implied or statutory, with respect to our service, including, without limitation, any implied warranties of merchantability, accuracy, fitness for a particular purpose, or non-infringement are hereby excluded to the maximum extent permitted by law. No oral or written information or advice given by us shall create a warranty. Bertram Whitford maximum aggregate liability to you under this agreement shall in no circumstances exceed an amount equal to the total amount actually paid by you under this agreement. In no event shall we be liable to you for any loss of business, loss of opportunity, profits or goodwill or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or we had been made aware of the possibility of you incurring such a loss. You shall indemnify and keep indemnifying Bertram Whitford from and against any and all damage, loss, costs, expenses (including legal costs and expenses) and liability whether civil or criminal which we may incur or suffer resulting from any act, neglect or default of you or your agents, employees or licensees, or the infringement of the intellectual property rights of any third party.

Confidential information

The parties agree to treat as secret and confidential and not at any time for any reason during or after the termination of the agreement to disclose or permit to be disclosed or made use of any confidential information concerning the other’s business which they may acquire in the course of the agreement.

The above restrictions shall not prevent:

(a) the disclosure of information if required by law;

or

(b) the disclosure of information which is already in the public domain otherwise than through unauthorised disclosure by the Consultancy.

Password

As part of the Services offered via this Website, you may be issued with an individual password which can be used to access certain areas of the Website and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Website immediately, and notify Bertram Whitford of such failure or error.

Bertram Whitford reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Bertram Whitford promptly of any changes to your registration details.

Force Majeure

Neither party shall be liable for any delay in performing or failure to perform its obligations under the agreement to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an “event of force majeure”) provided that the event of force majeure is not due to the fault or negligence of that party. Each party shall use its reasonable endeavours to minimise the effects of any event of force majeure. Your obligation to pay all amounts due under this agreement is explicitly excluded from the provisions of this clause.

Jurisdiction

The agreement is governed by and is to be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

Indemnity

You agree to indemnify, defend and hold harmless the Website, its owner, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms & Conditions.

Copyright

All materials on the Website, including but not limited to text, graphics or code is copyrighted, and property of Bertram Whitford. All rights are reserved. Permission is granted to electronically copy and print only those areas of the Website so required in the process of using the Website as an information and shopping resource. Copying, modifying, or distributing any part or content of the Website for any other reason, without prior written permission from Bertram Whitford is expressly prohibited. These conditions do not affect your statutory rights.

Invalidity

If we are unable to enforce any part of these Terms & Conditions, including any provision in which we exclude our liability to you, all other parts of the Terms & Conditions will not be affected and will remain in full force. Where any clause or part of a clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause as is permitted by law.

Complaints

Please contact us in the unlikely event that you have any complaints regarding our products or service at info@bertramwhitford.com.

These Terms & Conditions

The above Terms & Conditions, together with our Privacy and Cookies Policy, form the entire agreement between you and the Website and supersede any previous agreements made between you and the Website. Any waiver of any provision of these Terms & Conditions will only be considered valid if in writing and signed by Bertram Whitford.