Terms and Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 8;
Goods: the goods that We are selling to you;
Terms: the terms and conditions set out in this document; and We/Our/Us: Susan Walsh trading as Bespoke Art
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2 OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Goods to you.
2.2 Please ensure that you read these Terms carefully.
2.3 These Terms will become binding on you and Us when We accept your order for the goods at which point a contract will come into existence between you and Us.
2.4 The images of the Goods on Our website, in Our catalogue or Brochure, are for illustrative purposes only. Although We have made every effort to display the Goods accurately, We cannot guarantee that your computer’s display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. All paintings are created in an artist`s studio where there are brush hairs and dust particles. Due to the enlargement of each image these may appear on the Goods delivered.
3 DELIVERY OF GOODS
3.1 Please note that timescales for delivery will vary depending on the availability of the Goods.
3.2 You own the Goods once We have received payment in full.
4 IF THE GOODS ARE FAULTY
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5 SELLER’S GUARANTEE OF GOODS
5.1 We guarantee that on delivery and for a period of twelve months from delivery the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 7.2.
5.2 This guarantee does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Goods in accordance with the user instructions;
(d) any alteration to the goods by you;
(e) any specification provided by you;
5.3 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
6 PRICE AND PAYMENT
6.1 The price of the Goods will be set out in Our price list in force at the time We Confirm your Order. Our prices may change at any time, but price changes will not affect contracts that We have agreed with you.
6.2 These prices do not include VAT unless We indicate to the contrary. VAT will be added to the prices shown .However, if the rate of VAT changes between the date of the contract agreement with you, and the date of delivery We reserve the right to adjust the rate of VAT that you will pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
6.3 Where delivery includes carriage or posting the prices for the Goods exclude carriage or delivery costs, which will be added to the total amount due unless We have agreed to the contrary.
6.4 Where We are providing Goods to you, you must make payment of Goods in advance by cash, cheque, electronic transfer, credit or debit card (at Our discretion). We reserve the right to impose a limit upon the amount of payment by cash.
7 OUR LIABILITY TO YOU
7.1 We only supply the Goods on a retail basis for display by you at your domestic, private or commercial premises. You agree not to use the Goods for any other commercial, business or resale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
7.2 We do not exclude in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purposes and samples); and
(e) defective products under the Consumer Protection Act 1987.
8 EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in the performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control including without limitation industrial action by third parties, civil commotion, riot invasion, terrorist attack or threat of terrorist attack, or act of God.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
9 YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 Before the Goods are delivered you may cancel the contract for the supply of the Goods because We are affected by an Event Outside Our Control.
9.2 If you cancel a contract under clause 11.1 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges.
10 OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 We may have to cancel before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
(a) We will promptly contact you to let you know;
(b) If you have made any payment in advance for Goods that have not been delivered to you We will refund these amounts to you.
11 INFORMATION ABOUT US AND HOW TO CONTACT US
11.1 We are a firm whose sole proprietor is Susan Walsh. Our address is 52 Meadow Road Stafford ST17 4JQ England 01785 225773.
11.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example) to cancel the contract), you can send this to Us by e-mail to firstname.lastname@example.org, by hand, by pre-paid post to the address in .1 above. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address which you provide to us.
12 HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information you provide to Us to:
(a) provide the Goods;
(b) process your payment for such Goods;
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us; and
12.2 We will not give your personal data to any other third party other than Our professional advisers or as required by law.
13 OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under these Terms to another Organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract.
13.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.3 If we fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with these obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. 13.4 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts
13.5 The intellectual property in the Goods belongs to US and neither you, nor any third party, is authorised without Our written permission to reproduce or copy the Goods or pass off the intellectual property in the Goods as your or their own.