terms of service

All work undertaken by Foldability will be subject to the following terms and conditions. The agreement between Foldability (otherwise referred to as “the Company”) and “the Customer“ shall be construed in accordance with German Law and shall be deemed to have been made in Germany and both parties agree to submit to the exclusive jurisdiction of the German Courts. If your order has been placed directly (via email) then the terms outlined in the quotation/invoice provided for your order apply and precede these terms of service.

Pricing

Goods sold directly to consumers are charged at prices shown on our website which includes VAT and are subject to change or by quotation for bespoke orders sent via email. Wholesale product orders are charged at prices shown in the product catalogue on the date the customer places the order and may be subject to VAT. Prices are correct at publication, errors and omissions are excepted. Orders will be accepted at our published prices, otherwise, in the case of any unexpected change in price, you will be informed and asked if you wish to reconsider your order before proceeding.

Payment

For wholesale or bespoke orders we accept payment by bank transfer only. We accept card payments for online product purchases through Stripe or PayPal. Payment is due prior to commencement of the goods being made, unless an additional contract is in place. Payment shall be made in pounds sterling or Euros and where applicable, any bank charges or import duty/taxes shall be covered by the customer ordering the goods. Outstanding invoices, exceeding the agreed terms terms, will attract interest calculated on a daily basis, charged at 4% over and above the Bank of England base rate.

Shipping, Delivery, Postage & Packaging

All relevant packing charges are included for all orders, shipping and delivery is additional for orders outside of Germany. Sales to countries not listed on the delivery options page must be arranged directly by contacting kyla@foldability.co.uk. Ordered goods will be delivered to the address you give when you place your order. For wholesale orders our designs are made to order and we aim to dispatch within 1 - 3 months but this will vary depending on the quantity ordered and time of year. A working day is any day other than weekends, bank or public holidays. Please get in touch if you would like to find out our current lead times. If you have an urgent turnaround time we will do our best to meet your requirements.

If delivery cannot be made to your address for reasons under Foldability’s control, we will inform you as soon as possible. Shipping and delivery costs depend greatly on the quantity ordered and whether your delivery address is within Germany or abroad. Please get in touch with us for a quotation. We are also very happy to provide goods on an ex works basis.

Safety and Certification

All of our pendant designs are CE marked and suitable for sale within the CE territory. Any goods purchased that include an electrical set are not suitable for resale outside of the CE territory and any such resale activity is prohibited without a prior agreement in place. A technical file can be supplied on request. Where required, each design is flame protected with a fire proof spray. Please make sure instructions are read carefully before use and the correct bulb wattage and type is used as stated on the product label and instructions.

Intellectual Property

All Goods (including codes and names), registered designs, drawings, images, photographs and descriptions may not be reproduced whatsoever without the prior written consent of Foldability. Our website and its contents are subject to German copyright law.

The majority of the Goods sold hold automatic Design Rights in several countries. The Copyright on all visual designs, concepts, drawings, specifications and documents prepared by Foldability, and in the work executed from them, shall remain the property of Foldability unless otherwise agreed by both parties, and confirmation in writing has been given by Foldability. If the copyright / Intellectual rights are to be passed to the client, these rights will be deemed to remain the property of Foldability until the final payment for the work has been received as cleared funds into the bank account of Foldability unless an additional agreement in writing has been formed. Individual reproductions of any work or content is allowed only for individual private use and must not generate any earnings or created for commercial use.

Suspension

Should Foldability be delayed in or unable to make delivery owing to any cause whatsoever beyond its control, Foldability shall be free at its entire discretion either to suspend or terminate the Contract without incurring any liability to the Customer for any loss or consequential damage arising there from. If such an event occurs, any sums paid by the customer for items not received shall be reimbursed.

Extent of Liability

All goods sold are carefully checked and tested. Our lighting designs have been tested by a third party and are fully CE certified. Under no circumstances whatsoever shall the liability of any parties involved in the supply of products exceed the invoice value of any goods supplied.

The installation of the Goods should only be carried out by a competent person in accordance with the instructions supplied with the Goods and relevant UK or European standards e.g. the latest edition of the I.E.E Wiring Regulations (BS7671). The Company will not be held responsible for failure of any Goods due to installation in an improper environment, installation not in accordance with relevant regulations, improper working practice, misuse, negligent storage or accidental damage.

Title

Title to the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the invoice together with any interest and/or delivery charges in addition to payment of all other outstanding sums. Where the Customer is entitled to sell the Goods as the Company’s agent, the Customer shall be obliged to account to the Company immediately thereafter for such of the proceeds of sale as shall be sufficient to discharge the invoice. In placing an order the Customer irrevocably authorises the Company to enter upon its premises for the purposes of repossessing the Goods in respect of which title has not yet passed to the Customer.

Risk

Risk in the Goods shall pass to the Customer either at the time of delivery, or if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods. The Customer shall insure those Goods against all loss or damage to the full purchase price for the period from the date of delivery until the passing of title in the Goods to the Customer. The proceeds of any insurance claim or the right to receive the same shall be held by Customer on trust for the Company and paid to it in settlement of the outstanding invoice.

Content

The owner of this website is responsible for our own content included on this website. This includes links to third party content which was checked before posting but may have changed over time and will not be monitored after posting. Please note that we have no control over what is included in external links and no obligation to keep track of external content. If we are alerted to or become aware of any illegal activity in links to third party content we will remove or block this media.

General

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

These terms of service are subject to change without notice.

Foldability is the trading name of Kyla McCallum, Bahnhofstr. 28, Rohrbach, Germany, 85296.