Terms of service

Scotch Bay Studio - Terms of Service - December 2023

"We" are: Elizabeth (Beth) Asparassa trading as Scotch Bay Studio
(Referred to as "Studio" or "Scotch Bay Studio")

"You" are: The individual purchasing Goods and/or Specified Goods from us. When there is more than one individual involved, they are jointly and severally responsible.
(Referred to as the "Client")

1. Definitions

• Assignment: The combination of the Goods, Specified Goods, and Extra Work you have instructed us to provide.
• Brief: The instructions you give to us to create the Specified Goods.
• Deposit: The sum paid by the Client at the commencement of the Assignment.
• Extra Work: All work and materials to prepare or produce Specified Goods as per the Brief.
• Goods: Any items we offer for sale, including Specified Goods.
• Intellectual Property: All creative works and their associated rights.
• Our Website: Our official website and all its web pages.
• Quotation: A detailed cost breakdown of your Assignment.
• Specified Goods: Goods tailored as per your Brief.
• Terms: The Terms and Conditions set forth in this document.

2. Our Contract With You

2.1. Both parties recognise that this agreement is based on the terms set forth and not on any external representation or document.

2.2. The Terms may be updated periodically.

2.3. Acceptance of these Terms is confirmed through verbal or email instructions by the Client. Any changes to the Assignment must be agreed upon in writing.

2.4. When an order is made, all relevant event information must be provided. The Client is responsible for the accuracy and promptness of this information.

2.5. After the order and payment are made, we will indicate design timelines and potential additional costs. Delays in feedback or approvals from the Client can lead to order delays. We do not take responsibility for such delays.

2.6. Scotch Bay Studio reserves the right to utilise any stationery created for the Client for promotional purposes. Client contact details are protected as per the EU General Data Protection Regulation (GDPR). If desired, contact details can be removed upon request.

3. Extra Work

3.1. Our commitment is to supply both the Goods and the Extra Work specified.

3.2. Extra Work is tailored to fit with the Client's event specifications, themes, and design instructions from the Brief.

3.3. Extra Work includes an initial design based on the Brief and up to three amendments. Subsequent changes are charged at £15.00 each.

3.4. Major redesigns or significant Brief changes will terminate the original agreement, resulting in the loss of the Deposit. A new Quotation will then be offered based on the new Brief.

3.5. The final Brief, once approved by the Client, is the reference for the Specified Goods. We are not responsible for errors or incorrect information in the approved Brief. Any post-approval changes come with additional fees.

4. Intellectual Property

4.1. All work, from the design phase to the final Specified Goods, remains our Intellectual Property. Clients cannot reproduce or use the designs for other purposes.

4.2. Modifications or derivative works of the Specified Goods also belong to us in terms of Intellectual Property.

4.3. We grant Clients a non-commercial, exclusive licence to use the Intellectual Property through the Specified Goods for 99 years. This licence cannot be assigned.

4.4. The copyright of all stationery artwork and designs remains with Scotch Bay Studio and cannot be replicated without explicit permission.

5. Prices

5.1. Goods and Specified Goods prices are available on our website, or via phone or email. We are not registered for VAT. Prices are detailed in our Quotation.

5.2. Quotations are valid for 30 days.

5.3. Due to potential increases in material and production costs, prices are subject to change, including for advanced bookings where a deposit is taken.

6. Liability for Subsequent Defects

6.1. Clients should inspect the received Goods immediately. Any defects or problems must be reported within 7 days.

6.2. Defective Goods that do not align with the Brief can be returned within a month from the receipt date.

6.3. The return conditions are:

• Goods must be returned with intact labels and packaging.
• We must be informed in writing about the defect and the sender's identity.

6.4. Upon verifying the defect, we will:

• Repair or replace the Goods, or
• Refund the entire amount paid, including return costs.

6.5. As our Goods are hand-made, they might have natural variations in colour and design. Such variations are not considered defects. Digital displays might show colours differently, and printing techniques like foil printing and digital printing may not always align perfectly in colour representation.

7. Disclaimers

7.1. Regarding any direct losses (whether in Contract or Tort), the total liability of Scotch Bay Studio ("the Printer" in this context) shall not exceed the refund of all payments received. Therefore, our liability is capped at the value of the Fees paid.

7.2. Scotch Bay Studio shall not be held responsible for:

7.2.1. Any indirect or consequential losses. 7.2.2. Economic losses including, but not limited to, loss of turnover, profits, business, or goodwill—even if such loss was foreseeable or we were aware of the potential for you to incur it.

7.3. This clause does not limit our liability in cases of death or serious injury.

7.4. If circumstances beyond our control prevent or limit Scotch Bay Studio from delivering any Goods or services as agreed, our liability to you is capped at the amount you have paid for those Goods or services. While the Deposit remains non-refundable—representing an estimate of the value of Goods or services already provided—we reserve the right to invoice for all Goods and services delivered up to that point if their value exceeds the Deposit. In such situations, we are not liable for any additional losses you may incur.

8. Miscellaneous

8.1. Instructions to proceed, whether verbal or via email, from the Client are deemed full acceptance of these Terms, including the quoted price.

8.2. Scotch Bay Studio commits to executing the Assignment with due diligence and competence.

8.3. These Terms do not confer any rights on third parties under the Contracts (Rights of Third Parties) Act.

8.4. Both parties pledge to keep each other's confidential information—and that of third parties—secure and only to use it for the intended purpose of the Assignment. We both recognise our obligations related to data control and processing under current data protection laws and regulations. For detailed information, please refer to our privacy notice on Our Website.

8.5. By agreeing to these Terms, you allow Scotch Bay Studio to showcase any work, including photographs, produced during the Assignment for promotional purposes. This includes displaying such works in our portfolio and discussing the Assignment in our marketing materials and on our website. If you'd prefer not to give this consent, kindly inform us in writing or via email within