Copyright

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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 email us at hello@dual.works

Application

1. These Terms and Conditions will apply to the purchase of the goods and services by you (the Customer or you). We are the Dual Works whose trading name is The Dual Works a company registered in England and Wales under number 09535299 whose registered office is at 339 Clay Lane, South Yardley, Birmingham, B26 1ES and whose trading address is 23 A Kenyon St, Jewellery Quarter, West Midlands, B18 6AR with email address hello@dual.works and telephone number +44 (0) 7796037569; (the Supplier or us or we). VAT registration number 405760508

2. These are the terms on which we sell all Goods and/or Services to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from Dual Works if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

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

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the contract.

6. 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;

7. Goods and Services means the goods and services advertised on the Website that we supply to you of the number and description as set out in the Contract.

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

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

10. Website means our website www.dual.works on which the Goods and Services are advertised.

Goods

11. 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 and colour of the Goods supplied due to manufacturing processes.

12. In the case of any tailor-made bespoke Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate and that you approve the contract, design brief and design proposal before the commencement of the project and again before the commence of the manufacturing stage.

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

14. 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.

Personal information

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

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

Basis of Sale

17. The description of the Goods on 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.

18. 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.

19. 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.

20. Any quotation for tailor-made bespoke commissions is valid for a maximum period of 7 days from the issued date; unless we expressly withdraw it at an earlier time.

21. 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.

22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. 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 for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

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

23a. The price for tailor-made bespoke commissioned-based goods is agreed in writing via a quotation before any manufacture is undertaken. The quotation will relate to the final design drawing which the client has agreed to in writing. Any changes to the agreed final design will incur an additional service charge.

24. Prices and service charges are exclusive of VAT

25.a) For purchase of products from our showroom immediate payment is required. Payment is via credit or debit card when you place your order via this website. Or via our IZettle credit card machine when you purchase your goods from our showroom

25. b) For tailor-made bespoke commissions the following payment process applies;

Stage 1 - Our design fee is due on completion of the design phase. This fee is agreed upon before the commencement of the project and is payable whether or not you decide to progress to the production phase, Stage 2. Upon completion of the design stage, there is an opportunity for you to decide if you would like to progress to the production stage and there is no obligation to proceed if your plans have changed.

Stage 2 - A 50% non-returnable deposit payment is due before we commence production. Upon receipt of your deposit payment, we will then book your project into our workshop schedule, purchase your project-specific materials, liaise with any service providers and plan our manufacturing schedule. We will keep you updated on progress throughout this period. Delivery time on custom commissions can vary greatly depending on the scale of the project.

Stage 3 - The final balance is due upon completion of your project following collection, delivery and /or installation.

25. c) Payment terms are 7 days for deposit payments and 14 days for all other invoices.

25. d) We may customise an instalment plan and payment terms for more complex projects, agreed upon in advance and entirely at the discretion of Dual Works

25. e) We offer a 48-hour cooling-off period on receipt of your deposit payment for bespoke projects. This allows you 48 hours for you to change your mind, no questions asked and we will return your deposit payment. Once this time has passed we will then proceed to commence production, at this point, you are fully committed and no further refund can be made. As each bespoke project is unique, personalised and made-to-measure, once manufacturing begins, we cannot offer any refunds.

25. f) According to the Late Payment of Commercial Debts (Interest) Act 1998, we are entitled to claim a late fee upon non-payment of debts, at which point a new invoice will be submitted with the addition of this fee. Fee charges as follows £40 for debts up to £999.99. £70 from £1000 to £9,99.99 and £100 for debts over £10,000 If payment of the revised invoice is not received within a further 14 days additional interest will be charged to the overdue account at a statutory rate of 8% plus Bank of England base of 0.5%, totalling 8.5%. Parties cannot contract out of the Act’s provisions.

Delivery

26. We will deliver the Goods, to the Delivery location 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 delivery date was agreed. We will advise the client of any unforeseen delivery issues and will negotiate and amend the delivery scheduled as necessary.

27. 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:

a. 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

b. 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.

28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

29. 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.

30. 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.

31. 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.

32. 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.

33. 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.

34. 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

35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

36. 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

37. 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.

38. You can cancel the Contract except for any Goods or Services which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, 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 our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.

39. 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:

a. Bespoke goods that are tailor-made to your specifications or are clearly personalised;

40. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

a. 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

41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

42. 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.

43. 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, fax or email). .

44. 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

45. 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

46. 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

47. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

a. 14 days after the day we receive back from you any Goods supplied, or

b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

48. 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.

49. 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.

a. we will not reimburse any deposit payments for tailor-made bespoke services and/or goods.

Returning Goods

50. 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 23 A Kenyon Street, Birmingham, West Midlands, B18 6AR 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.

51. For the purposes of these Cancellation Rights, these words have the following meanings:

a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

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

Conformity

52. 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.

53. Upon delivery, the Goods will:

a. be of satisfactory quality;

b. 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

c. conform to their description.

54. It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

55. 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

56. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and

b. 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.

Excluding liability

57. 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

58. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

59. 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.

60. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.

Attribution

61. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

Returns Policy

Your legal rights

When you buy goods from a business, in law you have a number of rights as a consumer. These include the right to claim a refund, replacement, repair and/or compensation where the goods are faulty or misdescribed within 30 days of purchase.

If you have received a damaged or faulty item, please let us know, and we will do our best to resolve the situation as soon as possible.

Please email us at hello@dual.works

Our returns policy for the website shop or direct showroom purchases

You don't have a legal right to a refund or replacement just because you changed your mind. However, we offer the following returns policy just in case.

If you wish to make a return, it can be returned within 14 days of receipt of our delivery, provided it is returned with its original labels on, in the original packaging and undamaged to our showroom.

All parcels are sent back at the customer’s own risk. We would advise using special delivery as the parcel is not our responsibility until we sign for it. Please note, however, that we are unable to reimburse postage costs.

We will offer you an exchange or a credit note.

Please note that our address for returns is:

Dual Works, 23 A Kenyon Street, Birmingham, United Kingdom, B18 6AR

Please notify us at hello@dual.works of any returns so we know to expect them and please include a note in the sent package stating your name and order number where possible.

Our returns policy for bespoke commissions

We are unable to offer our returns policy for any tailor-made bespoke commissions, which are made to your specific requirements. We ensure that you are involved in all stages of the design process and that your custom design is agreed upon in advance. This design journey is an agreement between both parties and therefore we are unable to retract once production commences.

Guarantee

Our guarantee to you is that we take great pride in the services we provide, therefore we are confident you will be delighted with the outcome of any bespoke projects you undertake with us.

We value the creative process and are rewarded by our collective endeavour. Our expertise and craft skills ensure we work to a high standard across all aspects of your project. We are proud of the work we create and the positive impact it has on people’s lives.

As we work closely together throughout the project our personalised service ensures you have played an active role in the decision-making process, conception of ideas, and witnessing the making process during production. We will have highlighted and overcome any problems during this stage and created your project according to our expertise and knowledge.

If any problems arise due to unforeseen issues or we have overlooked an aspect of your project due to a design fault or craft skill, we will endeavour to rectify this where possible and we offer to rectify faulty manufacture for six months following the completion of the project.

We do not offer maintenance or repairs for incorrect use, day-to-day wear and tear or issues relating to environmental conditions.

Should you regard any aspect of your bespoke project as faulty, please contact us within six months of delivery/installation for us to arrange appropriate steps to review the fault and to consider options for repair.

Please do not attempt to repair the item yourself or organise a third-party repair. We reserve the right to refuse to repair your custom project if you have attempted and or organised for a third party to repair it. We cannot be held responsible for any faults or damage that occur if you have done so.

Privacy Policy

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.

This website uses cookies to enable data to be stored and to ensure the site runs smoothly, for example in the operation of the shopping bag. You can disable cookies in your browser, or delete cookies after visiting this site.

This privacy policy applies between you, the User of this Website and the Dual Works, the owner and provider of this Website. Dual Works takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

This website and ecommerce shop is powered by squarespace.com our domain name is www.dual.works

Please read this privacy policy carefully.

Definitions and interpretation

1. In this privacy policy, the following definitions are used:

Data

Collectively all information that you submit to the Dual Works via the Website www.dual.works. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998;

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 Dual Works and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Dual Works and accessing the Website in connection with the provision of such services; and

Website

The website that you are currently using, www.dual.works and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. In this privacy policy, unless the context requires a different interpretation:

a. the singular includes the plural and vice versa;

b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;

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;

f. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

3. This privacy policy applies only to the actions of Dual Works and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

Data collected

4. We may collect the following Data, which includes personal Data, from you:

a. Name

b. Date of Birth;

c. Contact Information such as postal and email addresses and telephone numbers;

d. in each case, in accordance with this privacy policy.

Our use of Data

5. For purposes of the Data Protection Act 1998, 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;

b. transmission by email of promotional materials that may be of interest to you;

in each case, in accordance with this privacy policy.

Third party websites and services

10. 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. This website is powered by Squarespace.

Links to other websites

11. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

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 Dual Works (where such Data is held) on payment of a small fee.

Security

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.

General

16. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

17. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

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.

Changes to this privacy policy

Dual Works reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact Dual Works by email at hello@dual.works