About us

www.blackcherrystudio.com is a website owned by “BLACK CHERRY STUDIO LIMITED” UK company number SC416212 (“we”) for the promotion and sale of textile designs and surface patterns (“Images”) which can be viewed and purchased via our website.

These terms and conditions apply to all and any use of our website. You must first agree to our terms and conditions before proceeding, if you do not agree please do not use our website.

These terms and conditions are drafted in accordance with the UK law and we cannot guarantee that the website accords with local laws of any other countries.

You are therefore responsible for compliance with the laws of your jurisdiction.

 

Intellectual Property Rights

We do not give you any right or interest in any copyright, design right or other intellectual property right in any images, designs, text, photographs, compilations, music, videos or other works featured on our website nor do we give you the right to reproduce any of the above unless the same is confirmed by us in writing.

The copyright in all software and content of the website is owned by or licensed to us unless otherwise specified and may not be used, replicated, copied, modified, distributed, adapted, printed or downloaded unless the same is confirmed by us in writing.

Copyright and design rights extend to the design, look and feel off our website and any promotional material.

Our website and our logos are our trade names and/or trade marks and may not be used by anyone else unless the same is confirmed by us in writing.

When you purchase an Image featured on our website we will either assign or license the copyright in the Image to you and such an assignment or license is always granted at our sole discretion.

 

Copying

Any copying from our website is strictly forbidden in any way or form including digitally, photographically or by photocopying. Any breach of our license agreement with clients will be taken very seriously and may result in us having to take legal action.

 

Making a Purchase

If the image is available we will send you an email together with an invoice.

Alternatively we may confirm the order by telephone, in which case an invoice will be posted to you. If the image is not available we will also let your know by email or telephone.

We will confirm our acceptance of your order in writing by email. Your order and our acceptance will form a binding agreement between us (“the Purchase Agreement”).

We try to keep our website as up to date as reasonably possible but cannot guarantee that all Images featured on the website are always available. If we cannot supply the requested image you will not be charged for it and we will refund or recredit you with any amount that you might have already paid.

We may cancel any sale and not supply Images if it reasonable to do so and may change or discontinue the availability of any Image at any time at our sole discretion.

You will not be entitled to assign the Purchase Agreement to any person, persons or company without our prior written consent. For the avoidance of doubt we are entitled to assign the Purchase Agreement without your consent whenever such an assignment is reasonable.

For the purpose of the Contracts (Rights of Third Parties) Act 1999 the Purchase Agreement does not and is not intended to give any rights to enforce any of its provisions to any person who is not a party to it.

 

Price and Payment

An Invoice will be sent to you by email once your order has been confirmed. You will also receive a paper copy of the Invoice by post.

We have a 14 day payment policy, all Invoices must be settled within 14 days unless otherwise agreed by us.

All Invoices will include the price of the design plus the cost of postage if you require the hard copy of the image to be sent.

 

Delivery

Once the sale has been agreed by both parties we will send a hard copy of the image to you by first class post if requested. We will also send the Imaged saved on a disc or directly through the internet if requested by you when placing the order. If you require an express delivery you will be responsible for making arrangements for the delivery and covering the costs incurred.

Delivery outside the UK may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company will contact you once the products you have ordered are in customs to let you know the cost.

Please order from us with enough lead-time to prevent any loss or disappointment resulting from the delivery time as we cannot be responsible for ensuring adherence to such lead-time.

If your order will not be delivered within the timeframe that it normally takes to deliver an Image by first class post or airmail due to our fault and we become aware of this, we will notify you and try to rectify the situation as quickly and as practically as possible.

All new orders are deemed separate and each is treated individually.

 

Passing of Title

The risk in the Image will pass to you at the time of delivery.

Until we have received payment in full in cleared funds for the Image the title in the Image will remain with us.

 

Cancellation

We try to package the hard copy and disc of the Image as well as possible to ensure that they arrive undamaged. However, if a hard copy or disc arrives which is damaged or has defects, we will replace it whenever possible free of charge.

Our policy is to ensure that you are satisfied every time you place an order. If you are unhappy with an Image when you receive it please notify us immediately and return the Image (both hard copy and disc) unused and without copying the Image, for a full refund within seven working days of the receipt of the Image. You do not have to give a reason when cancelling the purchase. We will refund your money after we have inspected the returned hard copy and disc and are satisfied that they have been returned in the same condition they were in when delivered to you and neither has been copied. Copyright which was assigned or licensed to you upon completion of the purchase, will revert back to us upon cancellation and you undertake to execute any documents to this effect.

Please note that we cannot accept refunds in respect of personalised goods which by reason of their nature cannot be returned or goods which expire rapidly.

 

Guarantee and Liabilities

We have used our best efforts to ensure that all information on our website is correct but make no guarantee and accept no liability as to the correctness of any such information. Use of any information will be entirely at your own risk.

We have tried to make the descriptions (including visuals) of all Images as accurate as possible. However, some Images (for example colours of the Images) may differ slightly from those featured on our website.

We will not be liable for any indirect or consequential loss to you. Your statutory rights as a consumer are available to you.

We will have no liability in respect of any other website or page on the internet which may be accessible from our website.

We will not be liable for any default in the performance of our obligations if it is caused by and event of force major which will include, without limitation, natural causes, terrorist act, industrial action, breakdown of machinery and any failure on the part of any sub-contractor, supplier or carrier.

Except as provided above we give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law, subject to your statutory and common law consumer rights which remain in full force and effect.

 

Applicable Law and Jurisdiction

Our website and these terms and conditions are subject to the laws of Scotland and any disputes must be brought in Scottish Courts.