All orders require payment on invoicing unless otherwise agreed to in writing by The Virtual Space.
Once the product(s) has been received by the customer, the product(s) will be the sole responsibility of the customer. The Virtual Space will not be held responsible for any damage or injury whatsoever caused by the use of the product(s) by the customer.
The customer hereby acknowledges that the risk of use of the product(s) lies solely with the customer and the customer entirely indemnifies The Virtual Space against any claims of any nature whatsoever.
It is the customer’s responsibility to ensure that they understand the limitations of the product and take into account basic safety requirements with regards to the use of the product(s).
The Virtual Space disclaims any responsibility whatsoever to the customer or to any other person or third party for injury to person(s) or damage to or loss of property or value caused by any product(s) which have been subjected to misuse, negligence, or accident; or misapplied; or modified or repaired by unauthorized persons; or improperly installed.
All risk of loss passes to the customer when The Virtual Space delivers the order or any portion thereof to the shipper, or when the order is collected by the customers’ own shipper.
The Virtual Space uses the services of major common carriers and delivery services. All costs and expenses relating to the shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of the customer unless specifically stated in writing on The Virtual Space quotation or invoice to the customer for the order. Shipments will be insured at the Customers expense unless otherwise specified in writing and the shipment shall not be made unless The Virtual Space has been paid in full for the entire order.
Prices, production and lead times are subject to adjustment if the customer requests changes in specifications, quantities, artwork or delivery requirements after the customer has paid the deposit and agreed on the design to be manufactured by The Virtual Space.
The customer shall notify The Virtual Space if making, using, or selling the product(s) will constitute an infringement of a patent or copyright. The Virtual Space makes no warranty that the product(s) will be manufactured for the customer free of the rightful claim of any third party.
Shipping by The Virtual Space will be the least expensive surface transportation as determined by The Virtual Space unless otherwise requested by the customer.
Whilst every effort will be made to manufacture the products to specifications, due to the custom and artistic nature of the product, variations may occur with regards to colour matching, materials, shapes, designs and end-use requirements. The Virtual Space may not be held responsible in the event that the product(s) does not exactly match the specifications.
Should the customer request exact and specific production requirements then it is the customer’s responsibility to get written confirmation from The Virtual Space that the customer’s exact specifications can be met prior to ordering the product(s) from The Virtual Space.
Every effort will be made to complete the manufacture of the product(s) by the due date. The Virtual Space may not be held responsible for any loss of whatever nature should any factor cause a delay in the completion of the product(s) in due time. Late completion of the product(s) will not invalidate the order.
Due to the various custom designs and the nature of the product(s). Warranties may vary for various products. It is the customer’s responsibility to check with The Virtual Space what warranties are available for the specific product(s).
Warranty claims shall be limited to repair or replacement of the product(s) and will be determined at the discretion of The Virtual Space after an investigation of the claim.
Copyright of the product drawings and designs shall be the sole intellectual property of The Virtual Space and may not be copied or reproduced without the written permission of The Virtual Space.
It is the customer’s responsibility to ensure that the correct artwork is supplied to The Virtual Space in the correct format and size for graphic reproduction or additional charges will be levied if the artwork is unsuitable and has to be redrawn, traced or reproduced for suitable use.
The Virtual Space will not be held responsible for typographical or clerical errors made in any quotations or orders.
The Virtual Space terms and conditions are exclusive of and take precedence over all other terms and conditions appearing on customers purchase order or elsewhere. The Virtual Space terms and conditions apply to all quotations made and orders accepted by The Virtual Space unless specifically stated to the contrary on confirmation of the order by the customer and accepted in writing by The Virtual Space.
All sales are final. Orders may be cancelled at no charge if the cancellation is made on the invoice date only. Cancellations made after invoice date will result in a 20% fee. Cancellation of custom orders will result in full payment being forfeited.
The customer shall have the right to inspect the product after delivery. Failure to give notice in writing to The Virtual Space of any obvious defects or omissions within (3) three days after delivery shall constitute an irrevocable acceptance of the Goods.
In the event that the customer rejects the product(s), the rejected product(s) shall be returned to The Virtual Space within ten (10) business days and shall be returned at the expense and risk of the customer. The Virtual Space shall have the right at its discretion after inspection of the product(s) to either replace or repair the rejected product(s) as applicable. The rejected product(s) must be returned to The Virtual Space in a clean undamaged and unsoiled condition and The Virtual Space has the right to refuse any product(s) returned in a badly packed or soiled condition.
Delivery dates and lead times are the best estimates possible of when the order will be shipped based on current and anticipated production loads. The Virtual Space shall not be liable for damage or for any delay in delivery arising from causes beyond its control. If the delay is caused by the default of a subcontractor of The Virtual Space and if such delay arises from causes beyond the control of either The Virtual Space or the subcontractor, The Virtual Space shall not be liable to the buyer for damages.
The customer must inspect the package(s) for damage(s) before accepting and signing the shipping documents and the buyer should refuse the shipment if there is damage on the package or should make a note on the shipping document for further claim evaluation. Any claim must be submitted to the shipper immediately. The Virtual Space shall not be held liable for any damages incurred during shipping.
The Virtual Space shall not be responsible for delays in production or any failure to deliver due to causes beyond The Virtual Space’s control including, but not limited to acts of God, war, riots, embargoes, domestic or foreign governmental regulations , floods, strikes, lockouts and other labour difficulties, or shortages of or inability to obtain shipping space or transportation.
The Virtual Space reserves the right to refuse orders and/or return deposit payments.
The customer agrees to the terms and conditions of The Virtual Space. No different or additional terms shall apply unless agreed to in writing.