Terms & Conditions

In the Frame Designs (ITF Designs) sells physical products which are subject to the terms and conditions set out below. By booking/confirming a commission with ITF Designs you are agreeing to be bound by these terms and conditions.

Definitions

Seller - I am Claire Middleton and In The Frame Designs, ITF Designs and TinyDancers© are my trading names, which I use together and/or individually.

 

Buyer - The person who buys or agrees to buy the Goods from the Seller.

 

Goods - The articles which the Buyer agrees to buy from the Seller.

 

Price -  The price for the Goods excluding carriage, packing, insurance and VAT

 

Conditions - The terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller. 


ScopeThese conditions apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions .  All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.  Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.  Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
 

Price - The Price shall be as stated in the invoice raised at the time of sale in respect of the Goods. 

Payment

The Seller requires the Buyer to pay a minimum of £20.00 deposit when placing an order.  This deposit is NON-REFUNDABLE.

 

The Seller shall be entitled to invoice the Buyer for the Price at any time after the Seller has notified the Buyer that the Goods are ready for delivery/collection, or the Seller has tendered delivery of the Goods. 

Invoices must be paid for at the time of collection of the Goods, or in the case of deliveries, prior to the goods being despatched. 

 

PAYMENT is by Paypal only - details supplied on request.

 

Time for payment of all invoices shall be of the essence. 

 

If the Buyer fails to make payment on the due date, or if the Seller has reason to believe that the Buyer may be unwilling to pay for the goods, then the Seller shall be entitled, without prejudice to any other right or remedy available to the Seller to suspend or cancel delivery.

Risk / Title:

Property in the Goods shall not pass from the Seller until the Buyer shall have paid the Price plus VAT in full, and no other sums whatever shall be due from the Buyer to the Seller.

Orders 

The Seller may, on request, manufacture goods in accordance with the Buyer’s drawings, designs, sample sections, specifications or instructions. 

 

The Buyer accepts full responsibility for the accuracy of the same, and indemnifies the Seller against all liability arising from compliance therewith. 

 

The Buyer is responsible for ensuring that any licenses, consents or permissions required by statute, bye-laws, or otherwise are obtained. 

 

The Seller reserves the right to subcontract any order or any part of any order. 

Orders for non-stock goods cannot be cancelled after the order has been placed.  Such orders will not be accepted for return and/or credit. 

 

All communication during the commission process must be via Facebook or Instagram messenger. 

Processing times vary depending on the product commissioned.  

 

Time frames will be set out during initial consultation from inception to completion and dispatch.   

 

The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.  

 

Cancellations & Returns

Cancellation must be agreed by the Seller.  

 

Requests for cancellation must be made as soon as possible and no later than 30 days before the agreed date of commencement of work on the commission.  

 

Once work begins on a commission the item cannot be cancelled. 

The following items are non-returnable / refundable:

  • Personalised items

  • Items not damaged in transit.

 

ITF Designs can only replace items which are defective.  The buyer must notify ITF Designs of any issue with their item within 5 days of receipt of the item. Any damage caused in transit will be resolved via Royal Mail and ITF Designs.  In the event of an agreed return, buyers are responsible for the safe return and postage costs.   If an item is not in its original condition upon return the buyer is responsible for the loss of value.

 

Any faults must be logged via intheframedesigns@yahoo.com

Delivery

UK: Each item will be dispatched via Royal Mail, Second Class signed for.  Items are insured in transit.  Other delivery formats via Royal Mail are available but are subject to additional costs.

 

Any damage caused in transit will be resolved via Royal Mail ands ITF Designs. See refund policy. 

 

Postage costs vary depending on the items size and time frames for delivery.  The costs supplied cover the cost of postage and packaging.

 

International postage: Sent via Royal Mail Track & Trace, signed for.  Prices vary depending on the country of delivery.  Delivery time varies depending on destination.   Buyers are responsible for any customs or import tax that may be applied.  Any delay due to customs are not the responsibility of ITF Designs.

Extra Info

TinyDancers©: These items contain a miniature doll based on a design agreed with the customer and are strictly for display purposes only. THIS ITEM IS NOT A TOY and should not be removed from the frame.  The item contains small parts and is not suitable for small children or use as a toy.  They are for DISPLAY ONLY.  Costumes and any accessories within the TinyDancer frames are replicated as close to the original costume as possible.  Some materials (patterns) may not be suitable to reduce in scale. 

 

Frames: These are comprised of a mixture of new and reconditioned items, including dolls and materials.  

 

Pointe Shoes: These items are for DISPLAY ONLY.  They are not to be worn and are not suitable for dance.

General

GENERAL:  

 

  1. The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.  

  2. The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.  

  3. In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages.  Under no circumstances shall the Seller’s, liability exceed the greater of the price of the particular item(s) supplied or the amount of any valid insurance available to meet the claim.  

  4. The Seller shall not be liable for failure or delay in fulfilling any of its obligations, where fulfilment thereof is prevented, frustrated, impeded, delayed or rendered uneconomic by circumstances or events beyond the Seller’s reasonable control.  

  5. Where Goods are replaced the original items must be returned to the Seller (or as they direct) within 21 days of supply of replacements.  

 

WAIVER:

The rights of the Seller shall not be prejudiced or restricted by any indulgence or forbearance extended by the Seller to the Buyer, and wavier of any particular breach shall not operate as a waiver of any subsequent breach.  

SEVERANCE:  

Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this contract.

 

FORCE MAJEURE:

Neither party shall be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of either party (‘Force Majeure Event’).  

Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure Event, the notice to specify details of the circumstances giving rise to the Force Majeure Event.  

 

LAW:

These conditions and all agreements between the Seller and the Buyer shall be governed by, and constructed in accordance with English Law and any disputes shall be subject to the exclusive jurisdiction of the English Courts.  

PrivacyPolicy

19/02/2021

I am Claire Middleton, and In The Frame Designs, ITF Designs, and TinyDancers© are my trading names, which I use together and/or individually.

1. Introduction

I sell items online through Facebook and Instagram and in person at craft fairs and markets. I take payments via PayPal only. I receive enquiries and take custom orders via email, Facebook/messenger, and direct messaging on Instagram. This policy covers data collected through any of these platforms. I do have my own website but do not have a mailing list. If I set up a mailing list in the future, I will update this policy accordingly.

 

2. What information will I use and how will I use it?

When placing an order via any of the messaging services above I will have access to your name, email address and postal address.  I require these in full in order to fulfil your order. The legal basis for collecting this data is “contractual”. I do not download or store this data anywhere myself. I do not use this data for anything other than fulfilling your order.

When making a payment using PayPal, I will have access to your name, postal address and email address. This information is provided by the PayPal system and is required to fulfill your order. The legal basis for collecting this data is “contractual”. I do not download or store this data anywhere myself. It is held for me on the Paypal system and I do not have any control over how long it is held for. I do not use this data for anything other than fulfilling your order.

 

If you contact me with an enquiry about a custom item, or for any other reason, you may provide me with some/all of the following:- name, email address, postal address, phone number, additional names, photos as required to address your enquiry. The legal basis for collecting this data is “legitimate interest”. The data is held within the system used to make the enquiry. For email enquiries it will be held on the email server by my provider – Yahoo Mail – and also downloaded onto my tablet. My tablet is used only by me, and both my user account and the email account are password protected (with different passwords). For Facebook/messenger enquiries, the data will be held on the Facebook/messenger system and will not be downloaded or stored anywhere else by me. For enquiries received via Instagram direct messaging, the data will be held on the Instagram system and will not be downloaded or stored anywhere else by me. I would not normally delete these messages in case the enquiries are followed up at a later date, but I can do so, if requested. (see section 4 for how to request this). I will not use this data for any purpose other than addressing your enquiry.

 

3. Who do I share your data with?

I do not share your data with anyone, unless legally required to do so, e.g. by the police, or HMRC.

 

4. Your choices and rights

You have the right to know what information I hold about you, to correct that information and to request that the information be deleted. You have the right to restrict how that information is used and shared. If you are concerned about how your information is used, please contact me – Claire Middleton via emailing at intheframedesigns@yahoo.com

 

You also have the right to complain to a supervisory authority if you think your data has been collected/used or shared inappropriately. In the UK, this is the ICO (ico.org.uk).

 

PayPal privacy policy