Terms & conditions

These terms and conditions (the "Terms and Conditions") govern the use of www.motonstudio.co.uk (the "Site"). This Site is owned and operated by Moton Studio. This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Moton Studio and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use

Acceptable Use As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to: - Harass or mistreat other users of our Site; - Violate the rights of other users of our Site; - Violate the intellectual property rights of the Site owners or any third party to the Site; - Hack into the account of another user of the Site; - Act in any way that could be considered fraudulent; - Post any material that may be deemed inappropriate or offensive; or - You are not permitted to use any images from but not limited to Moton Studio website, ETSY shop, eBay shop, or any Moton Studio social media accounts due to intellectual property rights.. If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site. The following goods are available on our Site: - Homeware, lighting, terrariums, glass ornamental products, wooden ornamental products.. We are under a legal duty to supply goods that match the description of the good(s) you order on our Site. These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

We accept the following payment methods on our Site: - Credit Card; - PayPal; and - debit card. When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping

When you purchase goods from our Site, the goods will be delivered through one of the following Website Terms and Conditions Page 2 of 10 methods: - * Royal Mail Tracked 24 - Delivery Aim 1 - 2 Days. From £4.02. * Royal Mail Tracked 48 - Delivery Aim 1 - 2 Days. From £3.60. * Royal Mail Signed for 1st Class. Delivery Aim 1 Day. From £2.25. *Royal Mail Signed for 2nd Class. Delivery Aim 3 Days. From £2.06.. Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and bank holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase. If you purchase goods from us for delivery to a destination outside the United Kingdom your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Right To Cancel

If you are a customer living in the United Kingdom or the Eurpoean Union you have the right to cancel your contract to purchase goods from us within 14 days without giving notice. The cancellation period: - Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together; - Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or Website Terms and Conditions Page 3 of 10 - Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time. To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at hello@motonstudio.com or by post at 19D, McCalls Avenue, Ayr, Ayrshire, KA89AA.. You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions, but you are not required to do so. The right to cancel does not apply to: - Goods or services, other than the supply of water, gas, electricity, or district heating, where the price depends upon fluctuations in the financial market that we cannot control and that may occur during the cancellation period; - Custom or personalised goods; - Goods that will deteriorate or expire rapidly; - Alcoholic beverages where the price has been agreed upon at the time of purchase, delivery of them can only take place after 30 days, and their value is dependent on fluctuations in the market that we cannot control; and - Newspapers, magazines, or periodicals, except for subscriptions to such publications.

Effects Of Cancellation

If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit. If you cancel your contract with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. We will provide the reimbursement without undue delay and no later than the earlier of 14 days Website Terms and Conditions Page 4 of 10 after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel. We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement. This right to cancel and to reimbursement is not affected by any return or refund policy we may have.

Refunds

Refunds for Goods Refund requests must be made within 14 days after receipt of your goods.

We accept refund requests for goods sold on our Site for any of the following reasons:

- Good is broken; or

- Wrong Item Sent Out.

Refunds do not apply to the following goods:

- Sale Items, Items deemed unlike description due to nature of glass colour disparities, items including reclaimed materials if materials are said to be marked or damaged in any way.

Returns

Returns can be made by mail. To return a good by mail, follow the following procedure: To be eligible for a return, refund or exchange, your item must be unused and in the same condition that you received it. It must also be in the original packaging. We do not accept returns or refunds for any items deemed unlike the description; this is due to the nature of all items being handmade, bespoke and unique. Moton Studio uses hand rolled art glass, each sheet of glass used is unique, even when buying the same glass, colours differ greatly due to it's bespoke nature. Glass may differ slightly in thickness, colour, purity, transparency, opacity. We do not accept these deviations as a reason for return or refund. Moton Studio uses wood from a trusted local supplier. Each tree has it's own unique features, colour variations within the same type of wood are common place, grain variations, knots and damage sustained by the tree whilst growing. This means some products may look slightly different from the picture shown on any Moton Studio platforms. We do not accept Website Terms and Conditions Page 5 of 10 any items for return or refund sold by Moton Studio which use reclaimed wood and glass that are deemed unlike the description or image given on any of Moton Studio platforms used for sale. Items which include reclaimed glass or wood will always be clearly stated as using reclaimed materials in the product description on all of our sales platforms such as Moton Studio website, ETSY shop, eBay shop, Social Media shop(s). Therefore we do not accept any requests for return, refund or exchange due to unlikeness or difference to product description or image shown on any Moton Studio platform. To complete your return, we require a receipt or proof of purchase. Our policy lasts 14 days. If you have exceeded 14 days, unfortunately we can’t offer you a return and refund option. You will be responsible for the cost of safely returning any goods to Moton Studio. Please return any eligible goods to 19D McCalls Avenue, Ayr, KA89AA. We do not incur charges for shipping or delivery on behalf of any returned goods. If sending products worth over £50, we advise using a tracked or recorded shipping method via a trusted provider. If you do not live within the UK please allow time for any returned goods to be received by Moton Studio. We cannot guarantee that we will receive any returned goods. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will be applied to your credit card, debit card or original method of payment, within a certain amount of days. This can take some time due to bank or provider processing times. Please allow time and double check with bank or provider before contacting Moton Studio for any late or missing refunds. If there are late or missing refunds, please do not hesitate to contact hello@motonstudio.com and we will respond to your query ASAP.

Consumer Protection Law

Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links To Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

Moton Studio and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Moton Studio and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Country of Scotland.

Additional Terms

- USER GENERATED CONTENT (A): Moton Studio may ask for or allow you to engage, communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries, or other content ("User Generated Content"), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. Whether a Moton Studio product or content made available by us or in connection with Moton Studio appears on a Moton Studio website, service and/or platform or is integrated with a third party website, service, application and/or platform, you may not submit, upload or support any User Generated Content that is defamatory, harassing, threatening, racist, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that can reasonably be expected to cause harm or offense to any person or entity, whether or not any such material is protected by law. (B): Moton Studio reserves the right to publicly use, share, publish and/or repost any/all User Generated Content, such as images, video, audio, text or contest entries featuring Moton Website Terms and Conditions Page 7 of 10 Studio products, services and/or intellectual property relating to or featuring Moton Studio which are submitted, uploaded and/or posted to any and/or all third party sites or platforms, Moton Studio website, Moton Studio sales platforms and/or all social media accounts used by Moton Studio. By using or linking any handles or tags (@) such as "@motonstudio" and/or hashtags (#) featuring or related to Moton Studio or any Moton Studio product or product name, such as #motonstudio, #mymotonstyle, #tetra, #contra, #hexa, #spectra, you are agreeing to the further use of the relevant User Generated Content by Moton Studio. By buying any Moton Studio goods, products or services, you are agreeing to adhere to and respect intellectual property rights and are strictly prohibited from any misuse or appropriation of any Moton Studio product as the product or work of another business or your own work. You are prohibited from posting, publishing or uploading any images, video and/or audio content to any social media platform, website or sales platform implying that you are the maker or seller and/or posing fraudulently as the maker or seller of any Moton Studio product.; and - DELIVERY & SHIPMENT (A): Moton Studio work on a first come first serve basis and aim to fulfil all orders promptly and on time. However, due to the nature of being a small business consisting of just two craftspeople, we are limited to the amount of orders we can process at once. All orders submitted to any/all platforms used for product sales by Moton Studio will be processed, handmade with care and aim to be out for delivery within (but not limited to) 28 days. Please be aware that this means 28 days to process your order and make any products ordered from Moton Studio, this 28 day window does not include the delivery time. Please allow adequate time for delivery according to delivery/shipping provider. (B): Moton Studio trust in and use Royal Mail with all parcels we send to our customers. If a product or parcel sent by Moton Studio is especially heavy or is being shipped internationally and does not comply with Royal Mail eligibility, we will use another reputable delivery/shipping provider. (C): Moton Studio is not liable for and/or does not take responsibility for any missing, broken or stolen goods once they have been recorded as out for delivery/shipping. We will never send your product/parcel unrecorded and/or untracked and we make every effort to secure all products when packaging them in order to get them to you safely as we want each of our customers to enjoy their Moton Studio product. Moton Studio will always mark boxes including but not limited to glass as 'fragile'. Given that Moton Studio products are primarily Website Terms and Conditions Page 8 of 10 made of glass and wood, they are liable to break if treated without care when in transit with the delivery/shipping provider. If product(s) arrive broken or damaged, this can be taken up in dispute with the relevant delivery/shipping provider. If product(s) arrive broken or damaged, please do not hesitate to contact Moton Studio at hello@motonstudio.com and alert us of this incident. Although Moton Studio are not liable for and do not accept responsibility for the breakage of goods whilst out for delivery/shipment, we will always acknowledge and assess the situation and aim to act accordingly and resolve any issues which may arise as a consequence of this outcome.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows: 01292 291127 hello@motonstudio.com 19D, McCalls Avenue, Ayr, KA89AA. You can also contact us through the feedback form available on our Site.

Effective Date: 7th day of September, 2021