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 us directly. Once an order is placed, it is subject to acceptance by the Mushaboom Design™. Your order becomes binding as soon as we have accepted it. All orders are subject to availability.

      We do not take responsibility for over or under ordering of wallpaper, fabric or any other products.

      You are responsible for checking and confirming that you are satisfied that all details and aspects of your order are correct and suitable for your requirements and specifications including without limitation measurements, dimensions, product features, access and delivery.

      All goods are despatched suitably packaged for transit purposes only. If goods arrive damaged they must be signed for as such and contact made to Mushaboom Design™ within 72 hours.

      We do not take responsibility for goods that have been damaged after delivery as a result of poor handling or storage.

      We recommend that when ordering wallpapers or fabrics that advice is sought from a trained professional or fitter.

      We reserve the right to refuse supply of products or services to any individual or company.

      Any additional orders as a result of under ordering will be treated as a separate order and cannot be added on to previous orders.

    

   1. 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.

   2. 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 Euros, 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 Stripe.

   3. Currency: All transactions are processed in Euros.  The customer is resposible to check and understand the curreent exchange rate between their local currency and the euro.

   4. Production and Delivery

   5. Production Lead Time: As made-to-order goods are produced according to customer specifications, production may take between 3 and 8 weeks. Lead times may vary depending on product complexity, availability of materials, and other factors.

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

   7. 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. Mushaboom Design™ is not responsible for damage during transit.

5. 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 will 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, Mushaboom Design™ 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 14 days of receiving the goods.

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

7. 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.

8. Privacy and Data Protection

   1. Data Usage: We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.

   2. If you wish to update or delete your personal information that has been specifically left on our mailing list. Please contact us.

      To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our couriers. By placing an order with us, you agree to your data being processed by Mushaboom Design™. We will not pass on your data to anyone outside our organization.

   3. Confidentiality: Mushaboom Design™ 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.

9. 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 Mushaboom Design™ 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.

10. Force Majeure Mushaboom Design™ 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.

11. 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: Mushaboom Design™ reserves the right to amend these terms and conditions at any time.