Rachel Davies Mosaics – Website terms and conditions
These terms and conditions were last updated in March 2023.
Hello - I’m Rachel, of Rachel Davies Mosaics, a mosaic artist based in Dunblane, Scotland. Welcome to my terms and conditions! These terms and conditions cover a number of things, such as:
your use of my website at racheldaviesmosaics.com
your interactions with my blog on my website
your purchase of goods on my website
your purchase of my workshops
(together, these are referred to as my “services”).
There might be parts of these terms that don’t apply to you, so please feel free to skip over and find the parts that do apply to you. Since you’re on my website though, the ‘website terms of use’ and the ‘general legal terms’ are really important, so be sure to read these.
By using my services, you’re considered to have accepted these terms and agree to the legally binding contract that forms between you and me. If you don’t agree you shouldn’t use or purchase my services.
My shop
If you’re buying goods from my shop, this section of these terms applies to you.
Mosaic kits
From time to time, mosaic kits are available to purchase on my website. My mosaic kits are popular and they sell out fast, and so I can’t guarantee that they will be in stock when you try.
I do have a waitlist for my mosaic kits though, so if you sign up to the waitlist, you’ll then be notified when they’re back in stock. Being on the waitlist gives you access to buy a kit 24 hours before they go on sale to the general public, so act fast!
When you sign up to the waitlist, you need to provide me with your name and email address. You’re then agreeing to receive the notification and marketing emails from me. I’ll send you an email to thank you for signing up and to offer you the chance to opt out of my weekly email. The terms under which I collect your personal data in this way is explained in detail in my privacy and cookie policy.
My art
Looking for something unique and beautiful to decorate your home or office? From time to time I sell my one-of-a-kind mosaic art pieces, handcrafted by me. Each piece is truly unique, and so once they have been purchased, there may not be others in stock. If you’re interested in a piece, please don’t hesitate to reach out.
Pricing and availability
The images I provide of the goods on my website are for illustrative purposes only. While I make every effort to display the colours and packaging (if applicable) accurately, I just can’t guarantee that a device's display of the colours will reflect the actual goods. Your goods might therefore vary slightly from those images you’ve seen online.
I can’t guarantee that the goods you would like to purchase will always be available and it is possible that my website may not reflect that a particular item is out of stock.
I use my reasonable efforts to ensure the prices on my website are right, but I reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price won’t affect any order you’ve already placed.
I check the prices before I accept your order, but in the unlikely event that I’ve shown incorrect pricing information, I’ll email you to inform you of the mistake. If the correct price is lower than that shown when you made your order, I’ll charge you the lower amount and continue processing your order. If the correct price is higher, I’ll give you the option to purchase the goods at the correct price or to cancel your order (or the affected part of it). I won’t proceed with processing your order in this case until you respond. If I don’t receive a response from you within 14 days, I’ll treat your order as cancelled and will notify you of this by email.
On the flip side, if the price of the goods you’ve ordered changes between your order being placed and me processing your order and taking payment, you’ll be charged the price shown on my website at the time of placing your order.
The cost of delivery isn’t included in the price of goods displayed on my website. Delivery options and related charges will be presented to you as part of the order process.
The legal contract
No part of my website forms a contractual offer capable of acceptance. Your order of my goods forms a contractual offer that I can, at my sole discretion, accept or reject. If I acknowledge receipt of your order, that doesn’t necessarily mean I’ve accepted it. My acceptance of your order is shown when I send you the order confirmation by email. Only once I’ve sent you an order confirmation will there be a legally binding contract between you and Rachel Davies Mosaics.
You should make sure that all the details you provide as part of the order process are complete and correct, particularly with regards to the delivery address, as I’m not liable if you make a mistake and give the wrong address. If you do, you should let me know immediately so I can update the delivery address (if I’m able to).
Payments
You must pay for the goods in advance via my website and you’ll be prompted to pay during the order process. The shipping costs are applied at checkout and are determined by weight and size of the package. The store on my website is run by Stripe. You should read their terms and conditions and privacy policy before making a payment on my website. I accept all major credit or debit cards.
Dispatch and delivery
The goods purchased on my website will normally be dispatched within 7 days after I’ve sent you the order confirmation (unless I advise otherwise).
Goods can be dispatched within the UK and internationally. For any deliveries to be made outside the UK, your goods might be subject to customs duties or taxes and it is your sole responsibility for payment of these to the relevant authority.
It’s important you understand and accept any dispatch or delivery dates I provide are estimations only and the time of delivery is not of the essence. There may be industrial action that causes delays to the postage services, and I’ll use my reasonable efforts to keep you updated of any delays in delivery.
Please also refer to the ‘force majeure’ section of these terms below, as this sets out what happens if an event outside my control affects dispatch or delivery.
Ownership and risk
You will own the goods once I have accepted your order and you have made payment of the cost of the goods and the delivery charges. The risk of the goods will then pass to you once it is in your physical possession, in the possession of someone else that you nominate (such as a neighbour), or left in a designated place, such as a porch.
Refunds policy
If you change your mind after purchasing from my website, then under UK consumer legislation you have up to 14 days after receiving your goods to request a refund, and a further 14 days to return the goods to us. You’ll be responsible for the cost of the return and ensuring that the goods are in the exact same condition, with undamaged original packaging, as it was when it was delivered to you. If you’ve changed your mind and would like a refund, please contact me as soon as possible.
If you’re eligible for a full refund, this will be made using the same details you used to pay for the goods within 14 days of receiving the returned goods.
Faulty goods
It’s my promise that the goods will be free from defects, of satisfactory quality and fit for purpose. That being said, if the goods you’ve purchased don’t meet this standard, please contact me as soon as possible. I’ll then discuss your options for a refund with you.
If you have any questions or complaints about the goods you’ve purchased, please contact me as soon as possible by emailing me at rachel@racheldaviesmosaics.com. You should provide me with photos of the condition of the goods.
When you return the goods to me, they must be in the original packaging and in the same condition it was when it arrived. I’ll then examine the goods and, if you are eligible, reimburse you the cost of goods and the return costs using the same payment details you provided when you made the payment. The refund will be made within 14 days of receiving the returned goods and declaring that you’re eligible.
What next?
You should now also read the ‘website terms of use’ and the ‘general legal terms’ sections of these terms, as these sections also apply to you.
Workshops
You’ll see from my website that I am passionate about sharing my knowledge and experience working with mosaics with others, and so I run mosaic workshops. These can either be in person or online. If you purchase any of my workshops, this section of these terms applies to you.
Booking and payment
You can buy a place on my workshops on my website, and I’ll need payment in full at the time of making the booking. Your payment will be processed by Stripe, and so you should read their terms and conditions and privacy policy before making a payment on my website. I accept all major credit or debit cards.
Once I have accepted your booking, you’ll receive a confirmation email – this will explain everything you need to know about the workshop.
How do they work?
Our workshops are either delivered in person through the Scottish Craft School, who have their own policies, or via Mighty Networks.
When you’re attending an online workshop, it’s your responsibility to ensure you have the appropriate equipment for accessing the workshop and I’m not responsible for any errors or failures if you can’t access the workshop. This includes where there is a loss of connection on mine or your side, a breakdown, or problems with the online software and/or a breakdown or problems with your internet connection, computer, or system.
I’ll make the recording of on online workshop available to you for six months after the workshop ends unless otherwise stated.
Cancellation policy
If you change your mind after purchasing your place on the workshop, then under UK consumer legislation you have up to 14 days after booking your place to cancel and you will need to notify me by email to rachel@racheldaviesmosaics.com. I’ll then refund you for the workshop within 14 days of your cancellation.
However, if the workshop is to take place within this 14 day cooling off period, then you are waiving your right to cancel your booking.
If I have to reschedule the workshop for operational reasons or due to a force majeure event (see the ‘general legal terms’ section of these terms and conditions), I’ll contact you to let you know the new time and date.
Intellectual property
I’m a creative, and so my intellectual property is incredibly important to me. I’m the owner or authorised licensee of anything I share with you during the workshop and it is protected by copyright. You’re not permitted to share, transmit, copy, sell or any similar activity any of my copyright or intellectual property without my written, dated, and signed permission. Essentially, this means that you can’t copy anything, share it, sell it, give it away or pretend it belongs to you!
Disclaimers and my legal responsibility to you
It’s important to note that I won’t assume any liability for any direct or indirect losses or damages that may result from your booking or attendance of a workshop, including, but not limited to, economic loss. Nothing in these terms and conditions excludes any liability under the law that cannot be excluded, including death or personal injury caused by negligence. My liability to you is limited to the total fees paid by you to me for the workshop.
What next?
You should now also read the ‘website terms of use’ and the ‘general legal terms’ sections of these terms, as these sections will also apply to you.
Website terms of use
By using my website, you confirm that you accept these terms of use and that you agree to comply with them. If you don’t agree to these terms, you shouldn’t use my website.
Changes to these terms my website
it’s possible I might amend these terms from time to time to reflect changes to my goods, products, services, my customer’s needs, or my business priorities. Every time you wish to use my website, please check these terms to ensure you understand the terms that apply at that time.
Suspending or withdrawing my website
My website is made available free of charge. I don’t guarantee that my website, or any content on it, will always be available or be uninterrupted. I may suspend or withdraw or restrict the availability of all or any part of my website for business and operational reasons.
You’re responsible for ensuring that all persons who access my website through your internet connection are aware of these website terms of use and other applicable terms and conditions, and that they comply with them.
Transferring these terms
I can transfer my rights and obligations under these terms of use to another organisation. I’ll tell you in writing if this happens and will ensure that the transfer won’t affect your rights under these terms of use.
Privacy of accounts
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of my security procedures, you must treat such information as confidential and you shouldn’t disclose it to any third party.
If you’ve failed to comply with this, I have the right to disable any user identification code or password.
If you know or suspect that anyone other than you knows your user identification code or password, please let me know by emailing me at rachel@racheldaviesmosaics.com.
User generated-content
One feature of my website are my blogs, and you can interact with these blog posts by leaving comments. I’d love it if you did this, but I have a few rules. You’re not allowed to post any content on my website that could be considered defamatory, offensive, hateful, discriminatory or anything else that is objectionable. In addition to this, you’re not allowed to use my blog in any way that would infringe someone else’s intellectual property rights or contain any advertising or promotion of your goods or services (or those of someone else).
While I do monitor content, I can’t be held responsible for the thoughts, opinions or views of anyone else. If any of your content breaks my really simple rules, I can delete these from my website.
No text or data mining, or web scraping
You must not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to my website or any services provided via, or in relation to, my website. This includes using (or permitting, authorising, or attempting the use of):
Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of my website or any data, content, information, or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but isn’t limited to patterns, trends, and correlations.
The provisions in this clause should be treated as an express reservation of my rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) I’m unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to me.
Computer misuse
I don’t guarantee that my website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access my website. You should use your own virus protection software.
You must not misuse my website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to my website, the server on which my website is stored, or any server, computer or database connected to my website. You must not attack my website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. I’ll report any such breach to the relevant law enforcement authorities, and I’ll co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use my website will cease immediately.
Reliance
The content on my website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on my website.
Although I make reasonable efforts to update the information on my website, I make no representations, warranties or guarantees, whether express or implied, that the content on my website is accurate, complete, or up to date.
Third party links
Where my website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links shouldn’t be interpreted as approval by me of those linked websites or information you may obtain from them. I have no control over the contents of those websites or resources.
Links to my website
You may link to my home page, provided you do so in a way that is fair and legal and doesn’t damage my reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on my part where none exists. You must not establish a link to my website in any website that isn’t owned by you.
Our website must not be framed on any other website, nor may you create a link to any part of my website other than the home page. I reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on my website other than that set out above, please email me at rachel@racheldaviesmosaics.com.
General legal terms
Intellectual property rights
I’m a creative and so my intellectual property rights are incredibly important to me. In a nutshell, intellectual property rights means the rights granted to those that create anything, whether it is in trade marks, text content, typographical arrangements, designs, photos, graphics, layouts or anything else. My website is full of intellectual property rights that I either own or I’m the authorised licensee of, including but not limited to the photos, the blog posts, the designs and anything else. In addition to this, you may also have access to my intellectual property rights by attending my workshops, attending my mini course, or buying the mosaic kits.
All content you find on my website, save for user-generated consent is protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any pages from my website for your personal use.
That being said, you are not permitted to modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on my website for commercial purposes without obtaining a licence to do so from me or my licensors.
My status as the author of the content on my website must always be acknowledged (except where the content is user-generated).
If you print off, copy, download, share or repost any part of my website in breach of these terms of use, your right to use my website will stop immediately and you must, at my option, return or destroy any copies of the materials you have made.
Liability
I might be reliant on third party platforms to deliver my services to you, such as Mighty Networks for delivery of the workshops, mini course and the membership, over which I have no control. I therefore can’t guarantee that these third party platforms will always be available to you and if there’s an outage in their services meaning you can’t access these services, I won’t be liable to you for this.
I’m not liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and me.
My total liability to you for all other losses arising out of or in connection with the contract for sale between you and me, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss. My total liability to you for all other losses arising out of or in connection with your use of my website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500.
Except to the extent expressly set out in this section, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Nothing in these terms and conditions seeks to limit or exclude My liability for: (i) death or personal injury caused by my negligence (including that of my employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability cannot be excluded or restricted by law.
Force majeure
I won’t be liable for any failure or delay in performing my obligations under these terms where my failure or delay is due to a cause beyond my reasonable control (“force majeure event”). Such force majeure events include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond my reasonable control.
If a force majeure event is likely to adversely affect my performance of any of my obligations under these terms:
I’ll inform you as soon as is reasonably possible;
I’ll take reasonable steps to minimise the delay;
to the extent that I can’t minimise the delay, my affected obligations under these terms will be suspended and any time limits that I’m bound by will be extended accordingly;
I’ll inform you when the force majeure event is over and provide details of any new dates, times or availability of the goods or services as necessary; and
If the force majeure event continues for more than 60 days, I’ll cancel your order and the legal contract with you and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the legal contract is cancelled and will be made using the same payment method that you used when you ordered the goods or services.
Data protection
Your privacy is important to me. I comply with my applicable data protection legislation, including the EU law retained version of the General Data Protection Regulations ((EU) (2016/679) and the Data Protection Act 2018. If you’re a California resident, I’ll also comply with the Californian Consumer Privacy Act. For more details on how I use your personal information, please check out my privacy and cookie policy.
General
Notices. Any notices to be served on each other must be sent by email and the time of delivery will be the time of transmission. Please send any notices to me by email to rachel@racheldaviesmosaics.com and I’ll use the email you have given me. If your contact details change, please let me know. This doesn’t apply to the service of legal proceedings, which can’t be emailed.
Entire agreement. These terms represent the entire understanding and agreement between you and me with regards to the subject matter and formation of these terms, and replaces all other negotiations, understandings, and representations, if any, made by and between you and me. No representation, inducement, promise or agreement, oral or otherwise, if any, not contained in these terms or any other agreement related to these terms and expressly references herein is of any force and effect.
No delay. Delay in exercising a right under these terms won’t take away that right or any other right.
Third parties. No one other than you and I have any right to enforce any provision of these terms and so the Contracts (Third Party Rights) (Scotland) Act 2017 don’t apply to these terms.
Severability. If any provision or part-provision of these terms is or becomes invalid, illegal, or unenforceable, it will be deemed amended to the minimum extent needed to make it valid, legal, and enforceable. If such amendment isn’t possible, the relevant provision or part-provision will be deemed deleted. Any such amendment or deletion won’t affect the validity and enforceability of the rest of these terms.
Governing law and jurisdiction. These terms, and any non-contractual obligations arising under them, are governed by the Scots law. The courts of Scotland have exclusive jurisdiction over any matter and proceedings arising out of these terms.