© Dual Works 2018. All rights reserved.
Please read our terms and conditions
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01214487465.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you) We are The Dual Works Limited a company registered in England and Wales under number 09535299 whose registered office is at 339 Clay Lane, Birmingham, B26 1ES and studio premises is at 23 A Kenyon Street , Birmingham, West Midlands, B18 6AR with email address firstname.lastname@example.org; telephone number 01214487465
- These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Goods means any goods that we supply to you, of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation.
- The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
- In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
- The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
- When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery of the Goods to the Customer.
- Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
- The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.
- Currently prices and charges include do not include VAT at the rate applicable at the time of the Order, we are not VAT registered.
- For bespoke commissions not available on the website Payment for Goods must be made within 30 days of invoice either via BACS, credit or debit card. If you purchase a product via our online shop or in our showroom, you are required to pay for the goods when you place the order.
- We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 7 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your expense. Then we will without delay refund to you the price for those Goods, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly. We will aim to respond with an appropriate solution within 5 working days
We make every effort to protect the privacy of our users and customers. As such we will not ask for personal details that are not required as part of your transaction. Any personal data collected by us online will be safely and securely stored and not shared with any third party.
The data held by the Dual Works relates to your transaction with us including
- your name, postal address and email address
- our correspond with you will relate to your transaction with us, this could include our courses, our products or a bespoke commission.
- if you wish to keep in touch you can opt in to our newsletter which is powered by Mailchimp. You can opt out at anytime.
- course booking transaction are via Eventbrite.
- we will only contact you via email during your transaction and will not contact you after your transaction is complete, any other correspondence from us will be via our newsletter only.
- email correspondence is via outlook, Microsoft office
- we keep records of invoices we send and receive as part of accountancy system and for tax return purposes.
- we like to use social media to showcase our I MADE IT courses. At the start of the course we will ask you for your permission and if you are happy for us to use your image on social media.We will not post your image if you have not given us permission.
- we keep a paper copy of a health and safety declaration signed by you and photography permissions as part of our courses.
- online payment of goods are processed via Squarespace and Eventbrite.
- payments of goods in our showroom are processed via IZettle.
Definitions and interpretation
collectively all information that you submit to the Dual Works via the Website www.thedualworks.com and www.quarterhaus. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998 and the European General Data Protection Regulation (GDPR) 2018,
The Dual Works , or us
The Dual Works , a company incorporated in England and Wales with registered number 09535299 whose registered office is at 339 Clay Lane , South Yardley , West Midlands, B26 1ES;
User or you
any third party that accesses the Website and is not either (i) employed by The Dual Works and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to The Dual Works and accessing the Website in connection with the provision of such services; and
the website that you are currently using, http://www.thedualworks.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
a. the singular includes the plural and vice versa;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. “including” is understood to mean “including without limitation”;
e. reference to any statutory provision includes any modification or amendment of it;
4. We may collect the following Data, which includes personal Data, from you:
Date of Birth
Contact Information such as email addresses and telephone numbers;
Our use of Data
5. For purposes of the Data Protection Act 1998, The Dual Works is the “data controller”.
6. We will retain any Data you submit for 12 months.
7. Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.
8. All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see the clause below (Security).
9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
a. internal record keeping
Third party websites and services
10. The Dual Works may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services do not have access to certain personal Data provided by Users of this Website. These websites are powered by wordpress, Squarespace, mailchimp, eventbrite
Links to other websites
Functionality of the Website
12. To use all features and functions available on the Website, you may be required to submit certain Data.
Accessing your own Data
13. You have the right to ask for a copy of any of your personal Data held by The Dual Works (where such Data is held)
14. Data security is of great importance to The Dual Works and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.
15. ..We endeavour to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.
18. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
19. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
You may contact the Dual Works by email at email@example.com.
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).