Website Terms

 1.  Use of this Site

1.1 The website www.thedesignbuzz.com and any associated mobile application (the “Site”) is an online search and e-commerce platform (the “Platform”) that allows customers to purchase products on the platform.

1.2 The Site is provided to you for your personal use subject to these Terms. By using the Site you agree to be bound by these Terms. 

1.3 Please note that these Terms do not apply to the purchase of any item, for which separate terms will apply. 

1.4 Please refer to our Privacy Policy which explains how we collect and process personal data. 

2. Registering with the Site

2.1 You may be required to register to enable you to access certain functionality of the Site. When you register to use the Site we may ask for some of your personal information. 

2.2 If you register to use the Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us immediately.

2.3 If we have reason to believe that there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may require you to change your password or we may suspend your account.

3. Data Protection 

3.1 We agree to comply with our obligations under all applicable laws and regulations relating to the data protection and privacy as may be applicable from time to time, which at the date of these terms means the Data Protection Act 2018 and the GDPR (EU General Data Protection Regulation 2016/679) and any successor legislation (“Data Protection Legislation”). 

3.2 For further details on how we comply with the Data Protection Legislation please refer to our Privacy Notice. 

4. Intellectual property

4.1 The content and format of this Site and Platform is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of this Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this Site without our written permission.

4.2 Some of the services we provide on this Site may provide content that is protected by copyright, trade marks, database rights and other intellectual property rights owned by third parties. Such intellectual property rights are licensed to us and if you reproduce, modify, copy or distribute any of this content you may be infringing these third party intellectual property rights.

4.3 We do not warrant as to the accuracy of any content that is supplied by a third party and which we can provide to you under licence.

5.  Availability of this Site

5.1 Although we aim to offer you the best service possible, we make no promise that the services at this Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with this Site you should report it to us and we will attempt to correct the fault as soon as we reasonably can.

5.2 Your access to this Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Access to the Site may be restricted whether or not you have registered with us.

6.  Our liability

6.1 This Site may provide content from other internet sites or resources and while we try to ensure that material included on this Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

6.2 If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use this Site.

6.3 We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any Services we provide to you (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud or wilful concealment.

6.4 Our liability to you for all losses under these Terms (subject to any liability in accordance with clause 6.5 below) is capped at £50 per claim. Please note that this liability cap does not apply to any Property booking or other services we have provided to you, for which separate terms apply. 

6.5 Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents, or self-employed contractors or for fraud or fraudulent misrepresentation.

7.  Viruses, hacking and other offences

7.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. 

7.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

7.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

8. Third Party Sites

As a convenience to you, this Site includes links to other web sites or material which are beyond its control. We are not responsible for content on any site outside this Site.

9.  Advertising and Sponsorship

Part of this Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

10. International Use

10.1 We make no promise that materials on this Site are appropriate or available for use in locations outside the United Kingdom, and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws.

10.2 You shall comply with all foreign and local laws and regulations which apply to your use of our Site or our simple randomisation service in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

11. General

11.1 If you feel that any materials appearing on our Site are offensive, objectionable or potentially defamatory please contact us by way of our contact page providing full details of the nature of your complaint and the materials to which the complaint relates.

11.2 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.

11.3 If you breach these Terms and we choose to ignore this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

11.4 We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.

11.5 These Terms will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

11.6 This Site is owned and operated by Amatra Limited.

 TERMS OF SALE

1.  INFORMATION ABOUT US

1.1 The website www.thedesignbuzz.com and any associated mobile application (the “Site”) is an online search and e-commerce platform (the “Platform”) that allows customers to purchase products on the platform.

2 OUR SERVICES

2.1 The services we offer allow you to search through the Site and purchase products from a large number of partner boutiques (“Partners”)  and brands worldwide (the “Services”). As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing without charge. The contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you.

3.  ORDERING PRODUCTS

3.1 You can place orders for products with us by following the process outlined on our site (“Products”). You acknowledge that by placing an order with us you will be under an obligation to pay for the products in that order. 

3.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

3.3 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.

3.4 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.

4. CONTRACT

4.1 No contract will exist between Amara Living and the customer until goods are dispatched. Acceptance will be deemed complete and effectively communicated at this time.

4.2 A legally binding contract is created when the goods are dispatched.

4.3 Ownership will pass when the goods are dispatched

5. IMAGES AND SIZING OF PRODUCTS

5.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images as these are supplied by our Partners.

5.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.

6.  PRICES OF PRODUCTS

6.1 The price of any Product will be as quoted on our site, except in cases of obvious error.

6.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.

6.3 The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process.

7.  HOW TO PAY

7.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.

7.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.

7.3 Gift vouchers can only be purchased online through our site.

7.4 Gift vouchers are valid for an unlimited amount of time from the date of issue. 

7.5 The value of any gift voucher you use will be deducted from the total cost of your order. If any balance remains to be spent from the gift voucher, it can be used on a future order. There is no minimum spend required and the gift voucher can be redeemed against any purchase including delivery charges.

7.6 Any order for Products made using a gift voucher or discount code will be governed by these Terms of Sale.

8.  DELIVERY

8.2 Delivery of items will be arranged by our Partners. Please ensure you have the correct address listed so this can be communicated to our Partners.

8.3 We will try to ensure that delivery can be made worldwide but this will depend on the Partners and confirmation will be made once the order is confirmed.

8.4 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. 

8.5 You can review the current status of your order at any time by logging into the Platform. If you have trouble finding out the status of your order or tracking its progress, please contact us.

9. RISK AND OWNERSHIP

9.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.

10.  CANCELLATION, RETURNS AND REFUND POLICY

10.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as set out in our Returns & Refund policy 

11. RIGHT TO CANCEL

Except for products listed under the "Made for you" category, you have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your Products without giving a reason. 

12.  EFFECTS OF CANCELATION

If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery.

We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

12.3 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

12.3 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.

13.  FAULTY OR MIS-DESCRIBED

13.1 If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or any of the other general Terms of Sale set out in this Section B.

13.2 We will refund you through the payment method used by you to pay.

14. YOUR INFORMATION

14.1 We process information about you in accordance with our Privacy Policy.

15. OUR LIABILITY TO YOU

15.1 We are under a legal duty to supply Products that are in conformity with our contract with you.

15.2 Our liability to you in relation to the Services If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.

16.  EVENTS OUTSIDE OUR CONTROL

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.

17.  RESOLVING DISPUTES

17.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at info@thedesignbuzz.com and attempt to resolve the dispute with us informally. You can also write to us at: 4b Lonsdale Road, London, United Kingdom, NW6 6RD.

17.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at //ec.europa.eu/odr . You will also always have the option of resolving the dispute using court action.

18.  EACH OF THESE TERMS OPERATES INDEPENDENTLY

Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19. UPDATING THESE TERMS OF SALE

19.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.

20.  RIGHTS OF THIRD PARTIES

20.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.

21.  TRANSFER OF OUR RIGHTS

21.2 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.

22. LAW AND JURISDICTION

22.1 These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.

23.  CONTACTING YOU

23.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

24. CONTACT US

24.1 If you have any queries about these Terms of Sale, please contact us at info@thedesignbuzz.com.