TERMS & CONDITIONS
1) ACCEPTANCE OF ORDER
It is your responsibility to check all the details and aspects of your order are correct and that the goods are suitable for your requirements (including product features, measurements, dimensions, delivery and access) when we send through your order acknowledgement email.
Take care when hanging your artwork to avoid direct sunlight, or particularly damp conditions which may warp the material over time. We are unable be held liable for conditions of use or storage within your home after your 30 day cool off period ends.
International customers will be responsible for the payment of any applicable import duties and taxes. Every effort is made to ensure that prices are correct at the time of publication. If an error has been made, we or you may cancel the order subject to the terms indicated under section 4. We reserve the right to change prices without notice up until the time you have placed your order.
4) COLOUR & ANOMALIES
Although we are confident that our production process produces limited edition art that is as closely matched to the original product as possible, goods may not appear the same colour as shown on the website. We use natural wood for our frames. Within acceptable limits, there may occur blemishes in our frames - such as small knots - which can only be considered a naturally occurring phenomena and therefore not considered defective.
CONTACT & ADDRESS
61A Roundwood Road
+44 (0) 7531 690 045
ORDER TERMS & CONDITIONS - LONG FORM
TERMS AND CONDITIONS OF SALE
1.1 In these Conditions:
Buyer means the person whose name and details appear overleaf to whom the Company is selling the Goods or providing the Services Company means Joth Shakerley (a sole trader) whose registered office is at 61A Roundwood Road. Conditions means the terms and conditions of sale set out in this document Contract means the contract for the sale of the Goods to the Buyer subject to the Conditions Goods mean painting, picture or print or any other goods a brief description of which appears overleaf which the Company is selling to the Buyer in accordance with the Conditions Services mean framing or restoration work requested by the Buyer to any of his paintings, pictures or prints The headings in these Conditions are for convenience only and shall not affect their interpretation Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time
2. BASIS OF THE SALE:
2.1 The Contract made between the Company and the Buyer for the purchase of the Goods shall incorporate and be subject to these Conditions and receipt of the Goods by the Buyer shall be deemed conclusive proof that the Buyer has accepted these Conditions. 2.2 No other agreement, representation, statement or promise of any kind shall form part of, alter, vary, supersede or operate as a waiver of these Conditions or any of them unless expressly made or accepted by a director of the company in writing. 2.3 The Buyer shall not be entitled to rely on any typographical, clerical or other error or omission in any sales literature, brochure, leaflet or price-list in relation to any goods offered for sale at the Gallery. Any such error or omission shall be subject to correction without any liability on the part of the company.
3. PRICE AND PAYMENT:
3.1 The price of the Goods is inclusive of Value Added Tax where applicable: 3.2 The Price of the Goods must be paid by the Buyer in cash or by a means approved by the Company. 3.3 If the Goods are not collected by the Buyer within 21 days of notification of availability, or any property of the Buyer to which services were requested by the Buyer has not been collected by the Buyer within 21 days of completion of Services, the Company may: - 3.3.1 Forfeit any deposit paid by the Buyer. 3.3.2 Resell the Goods or where applicable sell or otherwise dispose of any other such property of the Buyer for the Company’s sole benefit without liability to the Buyer.
4. RISK AND TITLE:
4.1 Risk of damage to or loss of the Goods shall pass to the Buyer: 4.1.1 at the time when the Goods are collected by or on behalf of the Buyer; or 4.1.2 in the case of the Goods being delivered to the Buyer’s address at the time of delivery or if the Buyer wrongly fails to take delivery of the Goods then at the time when the Company has tendered delivery of the Goods. 4.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until the Company has received payment in full of the price of the Goods in cash or cleared funds. 4.3 Until such time as property in the Goods passes to the Buyer the Buyer shall hold the Goods as the Company’s fiduciary agent and bailee and shall keep the goods separate from any other artwork or items of a similar nature of the Buyer and third parties and properly stored, protected and insured and identified as the Company's property. 4.4 Until such time as property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company or (at the Company’s option) the Company shall be entitled (and the Buyer hereby irrevocably authorises the Company) to enter upon any address or premises of the Buyer where the Goods are located and repossess the Goods.4.5 Where goods are stored on Company Premises after title has passed to the Buyer as the result of a sale or where Goods are on the Company’s or its agents’ premises for the purpose of repair, valuation, framing, storage or any other service provided by the Company, the Company’s liability shall in any event be limited to the original purchase price paid for the Goods by the Buyer, whether to the Company or a third party.
5. WARRANTIES AND LIABILITY:
5.1 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods must be notified to the Company in writing within seven days from the date of receipt of the Goods If the Buyer does not notify the Company accordingly the Buyer shall not be entitled to reject the Goods and the Company shall have no further liability of any nature whatsoever for such defect. 5.2 Wherever any valid claim in respect of any of the Goods which is based on any defect in their quality or condition is notified to the Company in accordance with these Conditions the Company shall against return of the Goods in their original condition refund to the Buyer the price of the Goods but the Company shall have no further liability of any nature whatsoever to the Buyer. 5.3 The sale of Goods does not include the copyright or other intellectual property right in the Goods and the Buyer acknowledges the moral rights of the artist. The Buyer shall not reproduce or permit reproduction of the Goods. 5.4 The Company shall not be liable to the Buyer by reason of any representation (whether given orally or in writing) or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract or in any manner whatsoever for any consequential loss or damage (and in particular but without prejudice to the generality of the foregoing) the Company shall not be liable for any costs, claims, damages or expenses arising out of any tortuous act or omission including negligence or any breach of contract or statutory duty which may arise out of or in connection with the purchase of the Goods by the Buyer (and whether caused by the negligence of the Company or its employees or agents or otherwise) save as may be expressly provided in these Conditions. 5.5 Any refund of any monies by the Company to the Buyer shall not under any circumstances be deemed to be an admission of any liability on the part of the Company to the Buyer (or to any third party) and shall be without prejudice to the rights of the Company which the Company hereby reserves in full. 5.6 All liabilities of the Company to the Buyer determined by a court of law as not having been excluded hereunder shall be limited in total to the total price of the Goods as shown on the Company’s invoice.
6.1 If the Company agrees to carry out Services then the provisions of these Conditions shall apply to such Services with the necessary changes save to the extent that this condition conflicts with such Conditions in which case the provisions of this condition shall prevail. Conditions 5.4 and 5.5 shall apply in relation to the Company’s liability to the Buyer for carrying out the Services save that Condition 5.5 shall not operate to exclude liability for damage to the Buyer’s property whilst in the possession of the Company for the purpose of Services due to the negligence of the Company. To the extent that any liability of the Company to the Buyer for any loss of the Buyer arising in connection with the Services is not effectively excluded then such liability shall be limited in total to five times the price payable by the Buyer for the Services. 6.2 The Company may sub-contract the Services in whole or in part and in doing so shall be deemed to act as the agent of the Buyer.
7.1 If any term or provision in these Conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions shall not be affected. 7.2 The waiver or forbearance or failure of the Company in insisting in any one or more instances upon the performance of any provisions of these Conditions shall not be construed as a waiver or relinquishment of the Company’s rights to future performance of such provisions and the Buyer’s obligations in respect of future performance shall continue in full force and effect. 7.3 Unless the content otherwise requires word importing the singular number shall include the plural and vice versa and words importing any particular gender shall include all other genders. 7.4 If the Goods are purchased for export from the United Kingdom the Company shall be entitled to impose such other terms and conditions as it shall require. 7.5 The Contracts shall be governed by the laws of England and the Company and Buyer hereby irrevocably submit to the exclusive jurisdiction of the English Courts.
ANTI MONEY LAUNDERING
In accordance with Government regulations under the Money Laundering and Terrorist Financing Regulations (2019), we are required, in certain circumstances, to carry out administrative checks before completing a sale transaction. Consequently, we may require copies of suitable identification documents from you and, in some cases, additional information to allow us to comply with the regulations. You will be advised when such information and documents are required. Any such information will be held by us in strictest confidence and in accordance with Data Protection regulations.
If you are unable to provide the documents or information that we request, we may not be able to complete your transaction. For online transactions where a payment has already been made, if you are unable to provide the necessary information within the requested timeframe, we may have to cancel the transaction and provide a refund of monies already paid.