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terms & conditions of sale

Terms and conditions
Please read all these 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  01273 90 1945. 

Application
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Copper Pine Studios whose trading name is Palmer&Co. of C/O the Accountancy Partnership Suite 5, 5th Floor City Reach, 5 Greenwich View Place, London, E14 9NN with email address hello@palmerand.co; telephone number 01273 90 1945; (the Supplier or us or we).


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.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.


Interpretation
 

Customer means an individual that purchases products from the Palmerand.co website whether for personal use as a consumer or for the purposes of their business .
 

Contract means the legally-binding agreement between you and us for the supply of the Goods or Services;
 

Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order (e.g. via email);
 

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the

recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
 

Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order, except when those goods require our services as consultants (see Services below);
 

Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
 

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
 

Website means our website www.palmerand.co on which the Goods are advertised.

Services means any product purchased that requires Copper Pine Studios LLP to carry out work on behalf of the Customer.
 

Goods

 

The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size, colour and content of the Goods supplied.

 

In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

 

All Goods which appear on the Website are subject to availability.

 

We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

All Miro boards purchased on the website will be hosted on our Miro account. This means any information that you add to your boards will be accessible by Copper Pine Studios (Palmer&Co.).

Services
We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the description of services purchased on the website www.palmerand.co or in any advertising, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.


We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as stated in the product description; however, time shall not be of the essence in the performance of our obligations.
 

Your obligations
You must obtain any permissions, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services. If you do not comply with this request, we can terminate the Services.


We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Sub-contracting and assignment
We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.


You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Basis of Sale
The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.


The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.


A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.


No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.


Price and Payment
The price of the Goods and Services and any additional delivery or other charges is that which is set out on the Website at the date of the Order or such other price as we may agree in writing.


Prices and charges include VAT at the rate applicable at the time of the Order.


You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.


Delivery
We will deliver the Goods, to the Delivery Location (via email if the product is digital in nature) by the time or within the agreed period 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 you said to 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 to us or allow us to collect them from you and we will pay the costs of this.


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, any 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, returns 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.


This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:


goods that are made to your specifications or are clearly personalised;
goods which are liable to deteriorate or expire rapidly.

 

Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

 

Right to cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.


To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.


You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.palmerand.co. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.


To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.


Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

 

Deduction for Goods supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.


Timing of reimbursement
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
14 days after the day we receive back from you any Goods supplied, or
(if earlier) 14 days after the day you provide evidence that you have sent back the Goods.


If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.


We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.


Returning Goods
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at     C/O the Accountancy Partnership Suite 5, 5th Floor City Reach, 5 Greenwich View Place, London, E14 9NN without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.


For the purposes of these Cancellation Rights, these words have the following meanings:
distance contract means a contract concluded between a trader and a Customer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the Customer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;


sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a Customer and the Customer pays or agrees to pay the price, including any contract that has both goods and services as its object.


We will provide the following after-sales service: The seller will support the customer in the use of Miro boards and assistance during the process up to the maximum describe in each product description..

 

Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.


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 any right to cancel, below.

 

Intellectual property & copyright:

We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights. You may not copy, share or resell any product, digital or otherwise that you purchase from Copper Pine Studios LLP.

 

Limitation of Liability

Copper Pine Studios LLP will carry out work in accordance with good industry practice and at the standard expected from a suitably qualified company with relevant experience. That said,  Copper Pine Studios LLP can’t guarantee that our work will be error-free and so can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

 

Specifically, Copper Pine Studios LLP is not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

 

any indirect, special or consequential loss, damage, costs, or expenses or;

 

any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

 

You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

 

Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent

misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

 

Customer's liability to Copper Pine Studios LLP will also be limited to the amount of fees payable under this contract and Customer won’t be liable to Copper Pine Studios LLP or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

When you the Customer carry out customer research using any tools supplied by us, you are responsible for adhering to any data protection laws in your region or the region your customers are location.

Copper Pine Studios LLP 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.

 

Confidentiality

Copper Pine Studios LLP shall keep confidential all Confidential Information disclosed to it and shall take all necessary precautions against unauthorised disclosure of the Confidential Information. Copper Pine Studios LLP shall not directly or indirectly disclose, permit access to, transmit or transfer any Confidential Information to any third party without the prior written consent of Client. Copper Pine Studios LLP shall not use or copy any Confidential Information except as may be reasonably required to perform the Services.

When you purchase a Miro board from us, your board will be hosted on Copper Pine Studios LLP (Palmer&Co)'s Miro account. Palmer&Co. will have access to all information that you post on this board for the purposes of assisting you through the process. When you purchase a Miro board with us you agree to share this information with us.

 

Confidential Information means any information that is treated as confidential, including trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing and marketing, in each case to the extent it is: (a) if in tangible form, marked as confidential; or (b) otherwise, identified at the time of disclosure as confidential and confirmed in writing or email as such within one week after disclosure. Confidential Information does not include information that the receiving party can demonstrate by documentation: was already known to the receiving party or was independently developed by the receiving party without reference to or use of any of the disclosing party's Confidential Information, or was generally known by the public other than by breach of this Agreement.


Privacy and Data protection

 

For the purposes of these Terms and Conditions:

'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.'GDPR' means the UK General Data Protection Regulation.'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

 

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

We retain and use all information strictly under the Privacy Policy.

 

We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Goods

We are a Data Controller of the Personal Data we Process in providing Goods to you.

 

Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws: before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; we will only Process Personal Data for the purposes identified; we will respect your rights in relation to your Personal Data; and we will implement technical and organisational measures to ensure your Personal Data is secure.
 

Services

When supplying Services to the Customer, Copper Pine Studios LLP may gain access to and/or acquire the ability to transfer, store or process personal data of employees or customers of the Customer.


The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and Copper Pine Studios LLP will be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.


For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

Copper Pine Studios LLP shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

 

Copper Pine Studios LLP shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.


Copper Pine Studios LLP shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Copper Pine Studios LLP on behalf of the Customer.


Further information about the Copper Pine Studios LLP's approach to data protection are specified in its Data Protection Policy, which can be found https://www.palmerand.co/privacy-policy. For any enquiries or complaints regarding data privacy, you can email: ruth@palmerand.co.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://www.palmerand.co/privacy-policy) and cookies policy (https://www.palmerand.co/cookie-policy).


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 in the following way: If you are not happy for any reason, contact us and we will do our best to find a solution that you are happy with, within 14 days.

 

Attribution
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).

 

Model cancellation Form


To Copper Pine Studios C/O the Accountancy Partnership Suite 5, 5th Floor City Reach  5 Greenwich View Place  London E14 9NN

Email address: hello@palmerand.co  Telephone number: 01273 90 1945

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received) Name of Customer(s): Address of Customer(s):

Signature of Customer(s) (only if this form is notified on paper)

Date

 

[*] Delete as appropriate.

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