At Art2Arts we pride ourselves on delivering the highest standard of artwork and the highest standard of professionalism, from the moment you choose your piece to the moment it arrives at your door. With this in mind, we advise you to read our terms and conditions as stated below before you place your order. We want to protect your interests so you keep coming back to us!
By clicking the tick box you are in agreement with our terms and conditions and therefore have entered a legally binding agreement with Art2Arts. (Hereafter referred to as “we” “our” “us” or “Art2Arts”.)
1 DEFINITIONS
(1) “Buyer” or “you” means the person and/or organisation who purchases Artwork from us;
(2) “Commissions” is Artwork which is supplied according to your requirements so you may choose, for example, a subject matter or colour variations, for example, a painting from a photograph. However, you must bear in mind that artwork is a personal choice and you must be clear if you have any specific requirements. Unless otherwise agreed, commissions require a non-refundable 50% deposit to be paid in advance with the balance payable once you have approved the images.
(3) “Consumer” has the meaning ascribed in S12 of the Unfair Contract Terms Act 1977.
(4) “Intellectual Property Rights” means any registered design, copyright, design right, patent, trademark, service mark, any contact or database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
(5) “Made to order” is Artwork, which is painted/made for you based on an original piece of artwork, which you like. They will be similar to the original but, because of their very nature, will have variations in the design and colour, and no two paintings will be exactly the same in appearance. Made to order Artwork will not be an exact replica of the original.
(6) “Mainland UK” includes delivery addresses in England, Scotland, Wales and N Ireland but excludes some postcodes, please contact us and confirm prior to ordering.
(7) “Order Confirmation” means the email describing the Artwork which we agree to supply to you.
(8) “Artwork” means the pieces of art/artwork/products which you agree to buy from us, as specified in the Order Confirmation.
(9) “Standard Delivery” means a method of delivery within Mainland UK, using one of our approved carriers, which is insured to at least the value of the sale price for the Artwork being sent and for which the carrier obtains a signature upon delivery to show receipt.
(10) “Supplier” or “us” means Art2arts Gallery Limited, whose registered office is at 30 Lower Derby Road, Portsmouth, PO2 8EX, a Company Registered in England whose company registration number is 07795357. Email address: info@art2arts.co.uk. VAT Registration Number 133118843. We operate a VAT Margin Scheme for Art.
(12) “Website” or “site” means the website and all content at www.art2arts.co.uk
(13) “Working days” means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.
2 CONDITIONS
(1) These Terms and Conditions apply to the use of the Website and sale of Artwork and prevail over any other agreement, documentation or communication whatsoever between us and can only be varied if agreed between us in writing. Any special conditions which apply will be set out in the Order Confirmation.
(2) Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.
(3) From time to time we may change these Terms and Conditions and it is your responsibility to check the Terms and Conditions which apply as at the time of your order. We also advise you print these terms as soon as you have placed your order.
(4) Any queries must be in writing to the address stated in Clause 1(10).
3 THE ARTWORK
(1) Details of the Artwork which we will supply to you are contained within the Order Confirmation. Only the Artwork as detailed in the Order Confirmation is included.
(2) Any quotes will be valid for a period of 14 days. Any specification, descriptions or Artwork details in any format or any form of advertising material are shown by us to provide some indication of the Artwork and are not part of any agreement unless specifically stated within the Order Confirmation.
(3) By using this Website and/or placing an order you will be deemed to be aged 18 or over and to have accepted these Terms and Conditions.
(4) An agreement between us, incorporating these Terms and Conditions, will only come into force when we confirm an order to you by the Order Confirmation. Prior to any Order Confirmation, we reserve the right to refuse any order.
(5) If we are unable to supply any Artwork then we will, at our sole discretion, either
(a) Offer an alternative OR
(b) Cancel the order, and you will receive a full refund within 28 days.
(6) (a) Commissions – we will provide you with the price for a commission, based on your requirement. 50% of the agreed price is payable once an order is placed by you. You will then be sent images for approval. Once you approve an image then you are not able to cancel a Commission.
(b) Made to Order – once Artwork has been completed then you will be sent images for approval. Although by law you have no right to cancel the order we give you a 14 day period in which to change your mind and return the Artwork, provided it is returned in its original condition and you return it ensuring that it is fully insured until we take delivery. Please see clause 7 following regarding returns.
(7) Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork to be provided by us.
4 PRICE AND PAYMENT
(1) The price of the Artwork is normally displayed on the Website but can be changed without prior notification. Please refer to clause 3(6) for Commissions and Made to Order. VAT is not payable and so is not included in the prices. The price that you will pay will be confirmed in the Order Confirmation. Additional Artwork or services will be subject to additional charges. Unless otherwise specified in writing, you must pay in advance before Artwork is despatched.
(2) (a) The Price includes Standard Delivery. Carrier details can be provided by emailing us at info@art2arts.co.uk
(b) An additional charge will be made for anything other than Standard Delivery, according to the address, size and weight of the Artwork. Please email us at info@art2arts.co.uk for these charges once you have decided which Artwork you would like to purchase.
(3) Payment must be made in accordance with the order process on the Website which outlines the current methods of payment which we accept. Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method.
(4) Where payment or any part payment is overdue (such as if there are problems with the payment method or payment does not clear for any reason or is not made on time), then we will immediately cease or suspend the provision of any Artwork until full cleared payment is received by us. We retain the title in Artwork until you have made full and cleared payment.
(5) We reserve the right to charge interest on overdue payment at the rate of 15% per annum (particularly with, but not limited to Commissions) and are also entitled to recover all reasonable expenses incurred in obtaining payment from you, where any payment or part payment due to us is late.
(6) (a) Some Buyers may wish to be part of the “Own Art” Scheme, please see the website at www.ownart.org.uk. This describes the scheme as a “national initiative that makes buying contemporary art and craft affordable by letting you spread the cost of your purchase over 10 months with an interest free loan”. It is operated by ArtCo Trading Ltd which is a subsidiary company of Arts Council England. Credit is provided by Hitachi Capital Consumer Finance.
(b) We do not offer the credit facilities but any credit is between you is facilitated by ArtCo Trading Ltd and provided by Hitachi Capital Consumer Finance.
(c) If you apply and your application is successful then you will have to comply with the obligations you will have to ArtCo Trading Ltd and Hitachi Capital Consumer Finance. This includes returning documentation and making payments.
(d) If you use the Own Art Scheme then artwork will be dispatched to you once all paperwork has been completed and any cooling off period (currently 14 days) has expired.
5 DELIVERY
(1) Standard Delivery is to the address as provided by you on the Order Confirmation. There will be an extra charge for other delivery services, and delivery to any address outside Mainland UK. We may despatch an order for multiple pieces of Artwork individually.
(2) Delivery of Artwork will usually be made using a carrier/shipping service which requires a signature on receipt. Your signature, or that of another person on your behalf, confirms receipt of the Artwork but also the state of the parcel received. When you receive your order it is your responsibility to examine both the parcel (before it is opened) and the Artwork very carefully for any damage. Where a signed for service is used, and a parcel is damaged, please sign for the parcel, 'Received Damaged'. If there is any damage whatsoever, or if, for example, a parcel shows signs of damage before it is opened you must email us on the day on which you receive it.
(3) (a) We try to provide you with estimated delivery dates and aim to deliver within 30 days of the date of your order. Delivery times are estimates and not guaranteed. For example, our 48-hour delivery service states that the Artwork will be delivered within 2 business days but this is not a guaranteed service.
(b) If we are unable to deliver within 30 days of the date of your order then we will, at our discretion, either
(i) provide you with a revised delivery date or
(ii) cancel your order and refund payment made by you
(c) We will use our reasonable endeavours to supply the Artwork, but we are not responsible for any failure to provide or any unavailability
(4) (a) You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork. Risk in Artwork passes to you upon delivery of the Artwork or, where you fail to take delivery, at the time delivery was attempted.
(b) Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.
(5) International sales
(a) If you are exporting or importing any Artwork, you acknowledge that you are solely responsible for compliance with exporting and importing laws and requirements of the countries which the Artwork is being shipped from and to together with payment of any expenses incurred. Importing and exporting is always entirely at your own expense and risk.
(b) In addition to the purchase price of the Artwork, you accept full responsibility for any and all handling charges, shipping costs, insurance, export/import duties, fees, liabilities and tax/duty costs, which may arise or apply to your order and transportation.
(c) We will not be responsible for any liability nor duty charged or any fines or impositions as a result of any import, export or attempted import or export.
6 CANCELLATIONS
(1) The Consumer Protection (Distance Selling) Regulations 2000 may apply to some orders. These rights allow consumers who purchase some Products statutory cancellation rights - to change their mind and return them. These regulations do not apply to Products purchased by a business nor to any Commissions or Made to Order Artwork but please see clause 3(6).
(2) (a) to exercise your statutory cancellation rights in applicable circumstances, you must email to advise us of this to info@art2arts.co.uk within 7 working days after the day you received the Artwork.
(b) to return any Artwork purchased under the Own Art” Scheme, you must email to advise us of this to info@art2arts.co.uk within 7 working days after the day you received the Artwork.
(c) to return a Made to Order Artwork, then you must email to advise us of this to info@art2arts.co.uk within 14 days after the day you received the Artwork.
(3) If one of us commits a material breach of these Terms and Conditions and either:
(a) the breach is not capable of being remedied, or;
(b) where it is capable of being remedied, the breach has not been remedied within 30 days of written notice of the breach by the party who has not committed the breach,
then the party who has not committed the breach may terminate the agreement between us forthwith by written notice to the other party.
7 RETURNS
(1) Where there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, then you should contact us by email at info@art2arts.co.uk.
(a) For Artwork which arrives damaged or faulty, you should make contact within 24 hours after the day you received the Artwork.
(b) For Made to Order Artwork, you should make contact within 14 days after the day you received the Artwork.
(c) For all other complaints or to exercise statutory cancellation rights (see clause 6) then you should make contact within 7 working days after the day you received the Artwork.
(2) Whether the Artwork is faulty or you wish to exercise your statutory cancellation rights in applicable circumstances, when you contact us
(a) we will make arrangements for a courier to collect the Artwork from the address the Artwork was delivered to. Collection will usually be Monday – Friday, 8am - 7pm.
(b) we ask that you please repackage the Artwork securely to guard against damages, and remove all shipping labels and print the address and shipping label we send to you via email, and attach to the parcel. This is an absolute requirement when returning Made to Order Artwork under clause 3(6)(b).
(3) Once we have received faulty Artwork safely then we will either, at our absolute discretion, arrange a refund or a replacement, together with any reasonable charges you may have paid in returning the Artwork to us if for some reason we have not made arrangements for a courier to collect the Artwork from you. Replacements will be sent to you as soon as we are able.
(4) If you are exercising your statutory cancellation rights as in clause 6 above, then we refund of the price of the Artwork, together with any reasonable charges you may have paid in returning the Artwork to us if for some reason we have not made arrangements for a courier to collect the Artwork from you within 30 days of your cancellation.
(5) Unless otherwise provided for, refunds will be processed and paid within 30 days of the date that we notify you that a refund will be made. Refunds are paid by the same method that was used when payment was made.
8 LIMITATION OF LIABILITY AND INDEMNITY
(1) Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.
(2) We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
(3) Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork.
(4) You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.
9 GENERAL TERMS
(1) Waiver - Nothing in these Terms and Conditions and no express or implied waiver by us in enforcing any of our rights under any agreement shall prejudice our rights to do so in the future.
(2) Force Majeure - We will not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we will be entitled to a reasonable extension of our obligations.
(3) Notices - Any Notices for either of us must be sent by email or to the address which appears on the Order Confirmation. Unless the contrary is proved, Notices sent by email will be deemed to be received on the day they were sent. Notices sent by post must be served using Royal Mail Special Delivery or other guarantee services and will be deemed to have been received on the date that Royal Mail obtains a record of receipt from or on behalf of the addressee.
(4) Invalidity and severance - Each clause or any part at all of these Terms and Conditions and Agreement is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions and Agreement.
10 GOVERNING LAW AND JURISDICTION
These Terms and Conditions and our agreement shall be interpreted, construed and enforced in accordance with Englishlaw and shall be subject to the exclusive jurisdiction of the English Courts.
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