These terms and conditions outline the rules and regulations for physical (in person) bought goods from Emily Rose Quirky Designs. (This is for direct in person sales with ERQD at markets & fairs not their Stockists, please contact the stockist you bought an item from if you need to address an issue.)


By making a goods purchase in person, (all market/fair stalls directly owned by ERQD) Emily Rose Quirky Designs assumes you accept these terms and conditions in full. Do not continue to make a purchase with Emily Rose Quirky Designs if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions: "Client", "You" and "Your" refers to you, the customer purchasing ERQD goods in person accepting Emily Rose Quirky Designs terms and conditions. 

“The Company,” “ERQD,” “I,” “Me,” “My” and "Mine,” refers to Emily Rose Quirky Designs. “Party,” “Parties,” or “Us,” refers to both the Client and Me. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of ERQD’s assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Terms and Conditions of Sale for in person good/s sales:

These are the terms and conditions in which Emily Rose Quirky Designs supplies products to you to make a purchase. Please read through these terms and conditions carefully before making an in person sale. By making a payment transaction (any form of payment), I assume you accept these terms and conditions in full. Do not make a purchase if you do not accept all of the terms and conditions stated on this page. As previously stated I reserve the right to change these terms and conditions at any time. It is your responsibility to read the terms and conditions on each occasion you purchase an item and your purchase is acknowledgement signifying your acceptance to be bound by the latest terms and conditions.

GOODS SALES

1. In person sales will display various Emily Rose Quirky Design products, this does not mean every product sold by ERQD will be available to purchase in person on the day. (All items are subject to availability). 
    
2. Customers are able to touch products to view them better unless the stall states otherwise, by clearly displaying signs and the trading stall staff has verbally communicated this. (Staff may handle the item on the customers behalf to show alternative angled views.)   
    
3. For Product Descriptions please see the relevant section in these T&C’s. 
    
4. Once the customer has selected their chosen item and instigates they wish to make a  purchase payment will be taken. 

GOODS PAYMENT 

Accepted Payments 

• Cash (GPB British Pound Sterling only)
• Cards - Visa, Visa Electron, V Pay, Mastercard, Maestro Card, American Express, Discover Card, Union Pay, Google Pay & Apple Pay. 
• Sum Up Gift Card

ERQD has the right to cancel a purchase & not accept payments if they believe a form of fraud is afoot, such as payment with fake bank notes etc.

Shortly after a Card/ Device Payment is made a notification of transaction approval is required. This is to ensure the funds have been received by the merchant (ERQD), having been authorised the item purchased is to be given to the customer. (Waiting for the approval is crucial in the events of:

• The customer has insufficient funds in their account.
• The payment provider requires a routine check (usually after multiple contactless usage) asking for a chip and pin to be present. 

Loose change from cash purchases
Change will be given correctly for cash purchases which exceed the price of the purchase. If in the rare event of no change being available and not being able to secure any in short notice, ERQD will ask the customer before making the purchase that change will be given via Paypal as a secure form of payment. Paypal only requires an email address if the customer has an account and receipts are easily available for both parties to acknowledge as evidence of a payment. When using Paypal it’s up to the customer to provide the correct written email address and if they do not and the transaction cannot be cancelled the customer is liable for this.*

GOODS RECEIPT (PROOF OF PURCHASE)

All transactions using a card or device can issue a receipt via the customer's email or mobile number; the customer can request this after they’ve presented their payment method. 

For those customers paying in cash you may ask for a paper receipt which will be handwritten having made your purchase. 

*It’s up to you to request a receipt as this is the customer's proof of purchase in order to make an exchange or return. 

GOODS PRODUCT INFORMATION

The customer has the right to ask for product information on an item such as the bullet points below, ERQD can withhold the process method of creation for copyright reasons if they wish.   

An item may also display a label which provides a short piece of information about the product. (This does not apply to every item and ERQD reserves the right to alter this at any point.)  

Customers can request the below information about a product; these may also be displayed on an item. (Any Hazards will be listed on an item or the item's label so the consumer is aware.)  

• Title / Name of Item 
• Item Materials 
• Item Size 
• Item Hazards 
• Handmade Item 
• Price

PRICES 

Prices (inclusive of VAT) are clearly displayed on all ERQD’s items, these Prices may change from time to time and not all ERQD’s items will display the same prices at once. If you have purchased ERQD products through one of our stockists, sadly I do not price match our products sold through other retailers. 

VARIATION

Each item is handmade by myself in the ERQD studio and I cannot guarantee that each item will look exactly the same. This is also applied for viewing products online and then in person due to slight variation and also your device settings (Brightness etc.) Each item is individual and therefore will vary slightly giving them a unique look.

STOCK UPDATES

Unfortunately I cannot always guarantee there will be more stock for in person purchases, please ask the ERQD stall handler for the correct information on the day. 

SALES (Promo codes/ Coupons/ Percentage Sales & All Other Discounts) 

The sale/s applies to selected item/s only. 

• This sale offer cannot be used in conjunction with any other offer, discount or promotion unless stated otherwise.
• All products are subject to availability, ERQD reserves the right to withdraw any items and/or change these terms and conditions at any time.
• This offer is non-transferable and there is no cash alternative.
• This offer is not valid in conjunction with any other offer, promotional code, student discount or employee discount.
• ERQD reserves the right to cancel or change this offer at any time, amend the terms and conditions or refuse an individual’s participation.

Sale item/s will be clearly marked down in any of the possible following ways: 

• Clear Poster advertisement on the stall declaring sale or use of promo codes/coupons or
• Price Labels clearly marked down

ORDER ISSUES

Customer Cancellation

Card & Device payments via Sum up Card Reader:
If you wish to cancel please notify the ERQD staff member serving you immediately after having presented your device or card payment.  If your transaction has already been processed I can no longer cancel this, however I can issue a refund to the payment method used as soon as I select refund the transaction begins and will be in your account in a few days. 

Cash payments: 
Cash refunds will be made simultaneously of the customer purchasing an item if they no longer wish to continue their purchase. 

Missing Item / Incorrect Item Received

I apologise if an item is missing/ or is incorrect from your purchase please make yourself known to the ERQD staff on site and address them of the issue, they will then ask you to provide the following as proof to resolve the situation: 

• If you have paid via Card or a Device and requested a receipt via email or mobile number please show this. 
• If you have paid via card or a device they may ask for your last 4 digits of your card number used for the purchase to see what’s missing from the order. 
• If you paid via cash and requested a paper receipt please display this. 

(All stock is subject to availability if the item is no longer in stock and ERQD is at fault of the above you will receive a full refund.) 

Item Packaging 

Prints

• All Prints are placed into a waterproof biodegradable sealed cellophane bag accompanied with a piece of recycled 1mm grey board to provide extra sturdiness. (Items may have ERQD logo stickers/business cards or price tags on packaging.) 

Decorations

• All Decorations are placed into a waterproof biodegradable sealed cellophane bag.

Framed Items

• All Framed Items have recycled 1mm grey board cut to size to shield the glass, completed with cardboard corner protectors and biodegradable bubble wrap to be watertight and protected. (Items may have ERQD Logo stickers/business cards or price tags on packaging.) 

All item types will then be placed into a paper bag or a parcel box (subject to availability on the day).

RETURNS

Items must be in the 30 day window from when the item was purchased to the present date and a receipt must be presented by the customer to ERQD for a refund/exchange to be issued.

• You will need computer access to proceed with a return. 
• Return postage is free (this cannot be exchanged to an alternate address / nor exchanged for cash).
• the original packaging or provide your own see terms below.
• You will need a printer in order to return an item (Postage label/return slip).
• Exchanges are subject to stock availability. 

The Return Process

Having checked your orders in the 30 day window to start a return and providing the items in its original condition and you have a receipt you must complete a return form on this website. 

1. Once the form has been submitted you will receive an email within 48 hours, *possibly longer during busy periods* regarding whether you can proceed with a return. This email will have two attachments to print 1) A return slip to place inside with the item 2) A Royal Mail pre-paid postage label to place on your original packaging or your own packaging if you disposed of the original. *You will need a printer for these*. (If you are using your own packaging as you disposed of the original I expect you to provide similar protective packaging as the item arrived to you, if I find the item arrives damaged due to inadequate packaging and wasn’t listed as damaged or faulty in the return (nor any photo evidence of this) I can hold the right to not to issue a refund to the customer. 
    
2. Depending on the size of your return item will determine how you will post your return. 

• If an item can fit into a Royal Mail postbox or parcel box and you do not want a proof of postage certificate, you can opt for this. 
•  If an item is too large for post boxes please take this to your nearest Post Office or Royal Mail delivery Office(Hyperlinks to external sites).
•  If you wish to receive a proof of postage certificate you will need to take your item into a Post Office or Royal Mail delivery Office and request this free service. I recommend obtaining this for your records until all refunds are complete.  (Hyperlinks to external sites).

Before returning any item(s) to ERQD, we do ask that they are in the same condition that you received them, with tags still attached. Please take reasonable care to ensure that item(s) are returned safely and are not damaged in transit and include the original packaging and protective wrapping where possible.

Return Payments

Once having received your item(s) I will process your payment return, however, it can take up to 10 days from the date I received your return, and up to 20 days during my busy Christmas and Sale periods.

*Return payouts will be made back into the original payment method used for purchase unless this is not possible in which I will ask to use Paypal as a secure form of payment as this only requires an email address and receipts are easily available for both parties to acknowledge as evidence of a refund payment. When issuing refunds via Paypal it’s up to the customer to provide the correct email address and if they do not and the transaction cannot be cancelled the customer is liable for this.*

Faulty Returns

If you receive a faulty item please return to the ERQD stall immediately with your receipt and I can refund you or exchange the item (subject to availability).  If you notice the item is faulty and you have left the premises please complete the Return form within the 30 day window of purchasing the item. Having completed the form it will then be decided whether the customer is to return the item following the same procedure above or to dispose of the item at their own discretion. *Return payouts will be made back into the original payment method used for purchasing the item unless this is not possible in which I will ask to use Paypal as a secure form of payment as this only requires an email address and receipts are easily available for both parties to acknowledge as evidence of a refund payment. When issuing refunds via Paypal it’s up to the customer to provide the correct email address and if they do not and the transaction cannot be cancelled the customer is liable for this.*

• You will need computer access to proceed with a return. 
• Return postage is free (this cannot be exchanged to an alternate address / nor exchanged for cash).
• You will need the original packaging or provide your own see terms above in Returns.
• You will need a printer in order to return an item (Postage label/return slip).
• Exchanges are subject to stock availability.
• I may ask for you to attach in an email images of the damaged/ faulty item. 

*If you receive any shattered ceramic/clay items, please follow the process above. I will not ask for you to return these items in the post and instead ask you to dispose at your own discretion. I just ask that a photo be sent to the email address below returns@emilyrosequirkydesigns.com and I will refund the items for you.

New Return Slip/Postage

As long as you are within the 30 day return window as stated above, please just fill in another return form and explain the situation to begin the process. I will resend the postage label and return the slip via email. 

Exchanges

Exchanges (subject to availability) will only take place on the day of purchase. After the day of purchase please follow the return steps above for a refund only.

Stockist Returns

Regrettably if you have bought an ERQD product through another retailer in person not directly from an event ERQDare exhibiting at, please contact the retailer to see what their policy is on returns & exchanges. 

Gift Receipts/Gift Returns/ Gift Wrapping

Unfortunately for in person purchases ERQD does not offer Gift receipts/Gift Returns/ Gift Wrapping. I can offer the customer who makes the purchase that I can remove the price label and tell them what package wrapping is being offered.

SUM UP GIFT CARD T&C

As gift cards are not purchased directly through ERQD and can be spent on other stores for the Sum Up Gift Card please find links to their T&C's below. (External Hyperlinks)

• SUM UP GIFT CARD T&C

QUERIES & CONTACT

Please send all queries regarding in person purchases to info@emilyrosequirkydesigns.com I aim to respond within 48 hours, however I cannot guarantee this is always the case and during busing periods it may take longer.  

ERRORS & BROKEN LINKS ETC

If you experience a repeated screen error message of any kind or broken website links please do inform me via email via the email address below so I can look into this and rectify the situation. 

info@emilyrosequirkydesigns.com  

COOKIES RGARDING THIS WEBSITE

I employ the use of cookies. By using Emily Rose Quirky Designs website you consent to the use of cookies in accordance with Emily Rose Quirky Designs privacy policy. Most websites use cookies to enable ERQD to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

COPYRIGHT

This website, website content & all original artworks/items which are labelled as handmade by Emily Rose Quirky Designs is copyright of Emily Rose Quirky Designs - ©Emily Rose Quirky Designs 2020-2022. All rights reserved. ​ Any redistribution or reproduction of part or all of the contents in any form is prohibited unless exclusively with written permission. Sale of artwork does not transfer the copyright to the buyer. You may not, except with my expressed written permission, distribute or commercially exploit the content. 

© Emily Rose Quirky Designs 2020-2022 

LICENCE

Unless otherwise stated, Emily Rose Quirky Designs and/or its licensors own the intellectual property rights for all material on Emily Rose Quirky Designs. All intellectual property rights are reserved. You may view and/or print pages from http://EmilyRoseQuirkyDesigns.com /  https://www.etsy.com/uk/shop/ERQuirkyDesigns & https://www.emilyrosequirkydesigns.sumupstore.com restrictions set in these terms and conditions.

You must not from  http://EmilyRoseQuirkyDesigns.com /  https://www.etsy.com/uk/shop/ERQuirkyDesigns & https://www.emilyrosequirkydesigns.sumupstore.com 

• Republish material
• Sell, rent or sub-license material
• Reproduce, duplicate or copy material
• Redistribute content (unless content is specifically said to be made for redistribution)

WEBSITE PRODUCT REVIEWS

Reviews do not reflect the views or opinions of Emily Rose Quirky Designs, Reviews reflect the view and opinion of the client who posts such view or opinion. Emily Rose Quirky Designs shall not be responsible or liable for the Reviews or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Reviews on this website. Reviews from “In Person Purchases” submitted by customers will only be uploaded if they are submitted with a photo of an ERQD product, ERQD holds the right to monitor all reviews before publishing to remove any comments which I consider in absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You permit and represent that:

• You are entitled to post the Reviews on our website and have all necessary licences and consents to do so.
• The Reviews do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party.
• The Reviews do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy.
• The Reviews will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
• You hereby grant to Emily Rose Quirky Designs a non-exclusive royalty-free licence to use, reproduce, edit and others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

HYPERLINKING TO ERQD CONTENT

The following organisations may link to ERQD’s Website/s without prior written approval:

• Government agencies
• Search engines
• News organisations
• Online directory distributors when they list ERQD in the directory may link to ERQD’s Website in the same manner as they hyperlink to the Websites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to ERQD’s Website.

2. These organisations may link to ERQD’s home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

3. I may consider and approve in sole discretion other link requests from the following types of organisations:

• Commonly-known consumer and/or business information sources
• Community sites
• Associations or other groups representing charities, including charity giving sites,
• Online directory distributors
• Internet portals
• Accounting, law and consulting firms whose primary clients are businesses; and Educational institutions and trade associations.

I will approve link requests from these organisations if I determine that: (a) the link would not reflect unfavourably on me or my accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organisation does not have an unsatisfactory record with ERQD; (c) the benefit to ERQD from the visibility associated with the hyperlink outweighs the absence of Emily Rose Quirky Designs; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

If you are among the organisations listed in paragraph 2 above and are interested in linking to ERQD’s websites, you must notify us by sending an e-mail to info@emilyrosequirkydesigns.com Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to ERQD’s Website, and a list of the URL(s) on ERQD’s site to which you would like to link. Allow 2-3 weeks for a response.

Approved organisations may hyperlink to our Website as follows:

• By use of our corporate name
• By use of the uniform resource locator (Web address) being linked to
• By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Emily Rose Quirky Designs logo or other artwork/s will be allowed for linking absent of a trademark licence agreement or written approval with terms. 

IFRAMES

Without prior approval and express written permission, you may not create frames around ERQD’s Web pages or use other techniques that alter in any way the visual presentation or appearance of ERQD’s Website.

RESERVATION OF RIGHTS

I reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to ERQD’s Website upon such request. I also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to ERQD’s Website, you agree to be bound to and abide by these linking terms and conditions.

REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on ERQD’s Website or any linked web site objectionable for any reason, you may contact me about this. I will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst I endeavour to ensure that the information on this website is correct, I do not warrant its completeness or accuracy; nor do I commit to ensuring that the website remains available or that the material on the website is kept up to date.

CONTENT LIABILITY

ERQD shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

DISCLAIMER

To the maximum extent permitted by applicable law, ERQD excludes all representations, warranties and conditions relating to ERQD’s website/s and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury resulting from negligence.
• limit or exclude our or your liability for fraud or fraudulent misrepresentation.
• limit any of our or your liabilities in any way that is not permitted under applicable law or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

CERTAIN PRODUCT DISCLAIMERS

WARNING: PLEASE NOTE THIS IS A DECORATIVE ITEM ONLY, NOT A TOY PLEASE KEEP AWAY FROM CHILDREN & BABIES.

• You acknowledge that the products are not designed, manufactured or intended for use by Children & Babies and may contain small parts. In addition to all other limitations and disclaimers in this agreement, ERQD shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, loss or costs arising from such use.

*ERQD has the right to update product disclaimers when seen fit, (this could be due to a new product available etc).*

CONSUMER RIGHTS

None of the above terms and conditions affects your statutory consumer rights.

If you have any queries regarding any of our terms, please contact business@emilyrosequirkydesigns.com