Terms and Conditions for Textile and Wallcovering Sales (Made-to-Order Goods), for Mushaboom Design™

All products displayed in this website are sold subject to our Terms and Conditions set out below. Nothing mentioned in these Conditions affects your statutory rights.

1. General Terms

   1. Scope of Agreement: These terms and conditions apply to all orders placed for textile and wallcovering products made to order through our company, Mushaboom Design™ (referred to as “the Company”). By placing an order, you agree to these terms and conditions. These terms are in accordance with European consumer protection laws, including those pertaining to made-to-order goods.

   2. Location of Business: The Company operates globally, including within the European Union, the USA, and Canada.

2. Order Process

   1. Placing Orders: Orders for made-to-order goods can be placed through our online platform or by contacting our sales department directly. Once an order is placed, it is subject to acceptance by the Company.

   2. Order Confirmation: Upon receiving your order, we will send an order confirmation outlining the specific details of the order, including the estimated production timeline, pricing, and shipping information.

   3. Customization: All made-to-order products are custom-designed per customer specifications, which are final upon approval.

3. Product Information and Specifications

   1. Description of Goods: All products are made to order according to customer specifications. Product descriptions, including fabric types, textures, colours, and sizes, are provided for your reference. However, these may vary slightly due to the nature of the manufacturing process.

   2. Accuracy of Information: The Company makes reasonable efforts to ensure the accuracy of product information. However, product images and specifications may vary slightly due to screen resolution, batch variations, or other factors.

4. Pricing and Payment

   1. Pricing: Prices for all made-to-order goods are listed in [currency], exclusive of taxes, duties, and shipping charges. The Company reserves the right to adjust prices without prior notice. Final pricing will be confirmed at the time of order placement.

   2. Payment Terms: Payment is due upon confirmation of the order. We accept payment through [accepted methods]. For orders above a certain value, a deposit may be required before proceeding with production.

   3. Currency: All transactions are processed in the local currency of the region where the order is placed, unless otherwise agreed upon.

5. Production and Delivery

   1. Production Lead Time: As made-to-order goods are produced according to customer specifications, production may take between [X] and [Y] weeks. Lead times may vary depending on product complexity, availability of materials, and other factors.

   2. Shipping and Delivery: Delivery times are estimated based on the shipping method selected and the destination region (Europe, USA, Canada). The Company will notify the customer once the goods are dispatched.

   3. Risk of Loss: The risk of loss or damage to goods passes to the customer once the products are delivered to the agreed shipping address. The Company is not responsible for damage during transit.

6. Cancellation and Returns

   1. Cancellation of Orders: Under European consumer law, you may have the right to cancel your order within 14 days from the date of order placement, provided the goods have not yet been made to order or dispatched. If production has already started, cancellation may not be accepted. If cancellation occurs before production begins, a full refund will be issued.

   2. Returns: Due to the bespoke nature of made-to-order products, returns are generally not accepted. However, you are entitled to a statutory right to return the goods within 14 days after receiving the goods if they are faulty or do not meet the agreed specifications. In the case of defective or non-conforming goods, the Company will offer remedies such as a repair, replacement, or refund.

   3. Defective Goods: If the goods are defective or not as described, the Company will provide a remedy in line with European consumer protection laws, including repair, replacement, or a full refund, subject to the assessment of the issue. Defective goods must be reported to the Company within [X] days of receiving the goods.

7. Warranty and Liability

   1. Warranty: The Company warrants that the goods are free from defects in material and workmanship upon delivery. This warranty is valid for a period of two years from the date of delivery, as per European consumer law. If the goods are found to be defective within this period, the customer is entitled to a remedy.

   2. Liability: The Company’s liability for any claim arising from these terms and conditions, including product defects, is limited to the price paid for the defective goods. The Company is not liable for indirect, incidental, or consequential damages, except where required by applicable law.

8. Intellectual Property

   1. Ownership of Designs: All designs, trademarks, and intellectual property related to the made-to-order goods are the property of the Company. By placing an order, customers do not acquire any rights to these intellectual property assets.

9. Privacy and Data Protection

   1. Data Usage: The Company collects and processes customer data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) for European customers and other relevant privacy regulations in the USA and Canada. Your data is used only for the purposes of

   2. Confidentiality: The Company agrees to protect the confidentiality of customer information and will not share or sell it to third parties without prior consent, except as required by law.

10. Governing Law and Dispute Resolution

    1. Governing Law: These terms and conditions are governed by the laws of [jurisdiction], unless otherwise specified. For customers in Europe, the applicable laws of the customer’s country will apply. For customers outside of the EU, the laws of the jurisdiction where the Company is based will apply.

    2. Dispute Resolution: Any disputes arising from the sale of goods under these terms shall first be attempted to be resolved through informal negotiation. If this fails, the parties agree to submit the dispute to mediation or binding arbitration, depending on the location of the customer. Alternatively, European customers may have the right to use the European Online Dispute Resolution (ODR) platform to resolve disputes.

11. Force Majeure The Company shall not be held responsible for delays or failure to perform its obligations due to circumstances beyond its control, such as natural disasters, war, pandemics, labour strikes, or government restrictions.

12. Miscellaneous

    1. Severability: If any part of these terms and conditions is found to be invalid or unenforceable, the remainder will continue in full force and effect.

    2. Amendments: The Company reserves the right to amend these terms and conditions at any time. Any changes will be communicated to customers in advance.