Buyer Terms and Conditions
www.robertdowniefineart.com (the Website) is a venue which enables you to buy artwork online
By using the website and placing an order the Buyer (referred to as “you” in these Buyer Terms and Conditions) is in agreement with our terms and conditions and therefore has entered a legally binding agreement with Robert Downie trading as robertdowniefineart.com .
1 DEFINITIONS
The Website User Terms and Conditions form part of these Buyer Terms and Conditions. For your ease we have included the definitions within these Buyer Terms and Conditions.
(1) “robertdowniefineart Services” means the services we supply by providing the Website.
(2) “Artist” means Robert Downie.
(3) “Artwork” means the pieces of art/artwork/products which a Buyer agrees to buy from the Artist using the Website.
(4) “Buyer” means the person and/or organisation who uses the Website and may buy Artwork.
(5) “Consumer” shall have the meaning ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
(6) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, 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.
(7) “Mainland UK” includes many delivery addresses in England, Wales, N Ireland and mainland Scotland but does exclude some postcodes. Please contact us and confirm those excluded postcodes prior to ordering.
(8) “Order confirmation” means the email confirming the Buyer’s order and will confirm such details as what the Artist has agreed to supply, the price and expected delivery/supply date.
(9) “Standard Delivery” means a method of delivery within Mainland UK, using a carrier approved by us, which is insured to at least to 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) “Terms and Conditions” means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed in writing by us.
(11) “Upload onto the Website” means any submission or post, including any information regarding any Artwork for sale, in any format, including any post, content or anything whatsoever which we upload and subsequently appears and can be viewed on the Website. This includes taking part in any available feedback, review, discussion, forum etc.
(12) “User” or “you” means anyone using and/or visiting the Website for any purpose.
(13) “Website” means the website and all content at www.robertdowniefineart.com
(14) “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 the use of the Website and purchase 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 Robert Downie, Woodland House, Nut Lane, Northrepps, Norfolk. NR27 0JY
3 THE ARTWORK
(1)(a) Details of the Artwork for sale are displayed on the Website and are believed to be comprehensive. If you need any other information or you have any queries you can contact the Artist directly using the Contact form available on the Website.
(b) 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.
(2)(a)(i) You can place an order for print by following the Website guidance. We reserve the right not to accept orders for any reason.
(ii) Once your order has been accepted you will be provided with an Order Confirmation email
(b) 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. An invoice will be provided on request.
(3) If we 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 be provided with a full refund within 14 days.
(4) 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.
4 PRICE AND PAYMENT
(1) The price of the Artwork, which includes any applicable VAT or taxes, is as displayed in GBP on the Website at the time of purchase. The price that you will pay will be confirmed in the Order Confirmation and we will supply you with your invoice on request. 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 within Mainland UK. We will provide carrier details in your despatch email.
(b) An additional charge will be made for anything other than standard delivery according to the address, size and weight of the Artwork. This will usually be displayed under the “shipping tab” on the Artwork page or, where it is not displayed you can contact the Artist directly using the “contact the artist” form available on the Website or email us at robertdowniefineart@gmail.com for these charges once you have decided which Artwork you would like to purchase.
(3) Payment is made to us in accordance with the order process on the Website which outlines the current methods of payment which the Website accepts. 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. Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example your address), particularly to enable us to complete an order.
5 DELIVERY
(1)(a)(i) Delivery is arranged by the Artist to the address, as provided by you on the Order Confirmation.
(ii) Delivery times are estimates and not guaranteed. For example, our 48-hour delivery service states that the Artwork should be delivered within 2 business days but this is not a guaranteed service
(b) All prints for sale on the site are priced to include standard delivery to UK addresses only. Free UK shipping is only to an address in Mainland UK. If in doubt please contact us and confirm whether the address you wish to use for delivery qualifies for this before placing your order. There will be an extra charge for other delivery services, and delivery to any address outside Mainland UK.
(c) Multiple pieces of Artwork may be despatched individually.
(d) If you have any particular shipping requirements then you must please contact the Artist directly using the “contact” form available on the Website or email us.
(2)(a) We aim to dispatch Artwork to you within 3 days of the date of accepting your order. If there is going to be a delay we will let you know by email so you can cancel your order or choose another piece of Artwork.
(b) However, despatch and delivery times are only estimates and we are not responsible for late delivery or unavailability of Artwork.
(3) If for some reason we are unable to dispatch the exact Artwork you have ordered, then we will either refund the price paid for that item or will email you and offer you an alternative item.
(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.
(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) Delivery of Artwork will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the Artwork but also the state of the package received – see (6) below.
(6) When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, ‘Received Damaged’. In the subsequent event that the Artwork is found to be damaged, please email us at robertdowniefineart@gmail.com with details within 24 hours including photographs of the damage where possible.
6 CONSUMER CANCELLATION RIGHTS
(1) This clause only applies to you if you are a Consumer and want to exercise your Consumer cancellation rights.
(2) UK consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to the Artist (see clause 7(3) and 7(4) following), to obtain a refund.
(3) If you would like to return your order, please confirm this in writing by contacting us directly using the “Contact” form available on the Website or emailing us at robertdowniefineart@gmail.com within 14 days following the date you received your order (or from the date you received the last item which completed your order). We will then help you with information about the Returns Method, about how and when to return the item to us and provide you with a Cancellation Form if you would like to use it.
(4) Unless it has been agreed otherwise (see clause 7(3) above)
(a) Artwork should be returned unused and in perfect condition with the original packaging, within 14 days of the date you advise us of your cancellation, at your expense to us using the postal address as provided on the invoice unless we have specifically provided you with an alternative for the return. We always advise that you return Artwork using a service which provides you with proof of sending and insurance in the event of any damage.
(b) You will be responsible for the costs in returning the item to us.
(5) We ask that you please repackage the Artwork in its original packaging securely, to guard against damages, and remove all shipping labels and, where applicable, print the address and shipping label we send to you via email on behalf of the Artist and attach to the parcel.
(6) The law enables sellers (the Artist) to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.
(7) (a)Unless you have lost the right to cancel, when you cancel an order for Artwork we will refund the amount you paid for the Artwork. (8)(a) Where you cancel an order for Artwork then we will refund you within 14 days of the date we receive the Artwork.
(b) Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
8 FAULTS, PROBLEMS WITH YOUR ORDER AND RETURNS
(1)(a) Where there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, then we ask that you contact us directly using the “Contact” form available on the Website or email us at robertdowniefineart@gmail.com within 14 days after the day you received the Artwork.
(b) Consumers may have a right to reject some faulty Artwork but this right is limited to 30 days from the date you purchased the Artwork.
(2) Depending on the problem with your order we will advise you whether
(a) You should send photos of the damage Artwork and packaging and retain the artwork as you are advised should the courier, us (or our representative) wish to inspect it and/or
(c) Ask you to return the Artwork to us
(d) You should retain the Artwork and all original packaging for 30 days so that it can be inspected
(3) When returning any Artwork we ask that you please repackage the goods 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 it to the parcel.
(5) Within 14 days of receipt of the faulty Artwork we will either
(b) provide a replacement OR
(c) provide a refund of your purchase price
(5) Refunds are made with 14 days of the date the Artwork is receive using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account
9 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.
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