1. These terms
These terms and conditions apply to the sales of my goods on line. Please read them carefully before you submit your order to me. They tell you who I am, how I will provide products to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact me.
i. You can contact me throuh the Contact and Commisions page writing to me at Ferndale House, 1 Pound Hill, Alresford, SO24 9BP 2.3
ii. If I have to contact you I will do so by telephoning you on the number you provide or by writing to you at the email address or postal address you provide.
iii. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. My contract with you
i. My acceptance of your order will take place when I email you to accept it at which point a contract will come into existence between us.
ii. If I am unable to accept your order, I will inform you in writing and will not charge you for the product.
iii. I will assign an order number to your order and tell you what it is when I accept your order. It will help me if you can tell me the order number whenever you contact me about your order.
4. My products
My products may vary slightly from their pictures. The images of the products on my website are for illustrative purposes only. Although I have made every effort to display the colours accurately, I cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5. Your rights to make changes
If you wish to make a change to the product you have ordered, please contact me. I will let you know if the change is possible. If it is possible I will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If I cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. My rights to make changes
i. I may make minor changes to the products:
a. to reflect changes in relevant laws and regulatory and
b. to implement minor technical adjustments and improvements
ii. If I consider it necessary to make more significant changes to the products and these terms I will notify you and you may then contact me to end the contract before the changes take effect and receive a refund for any products paid for but not received:
7. Providing the products
i. The costs of delivery will be as displayed to you on my website.
ii. I will send cards and prints and small drawings to you as soon as reasonably possible and in any event within 30 days after the day on which I accept your order. For sales of my paintings and larger drawings I will contact you to agree a delivery which I would expect to be within 30 days after the day on which I accept your order.
iii. If my supply of the products is delayed by an event outside my control I will contact you as soon as possible to let you know and I will take steps to minimise the effect of the delay. Provided I do this I will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact me to end the contract and receive a refund for any products you have paid for but not yet received.
iv. If you would like to collect any products from me, you may do so by agreement
v. If it is likely that no one will be available at your address to take delivery of a product which cannot be posted through your letterbox, you must tell me so that we can agree a suitable arrangement for you to receive it
vi. If you do not collect the products from me as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot I will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite my reasonable efforts, I am unable to contact you or re-arrange delivery or collection I will be entitled to end the contract and clause 10.2 will apply.
vii. If I miss the delivery deadline for any goods you may treat the contract as at an end straight away if any of the following apply:
(a) I have refused to deliver the goods and
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told me before I accepted your order that delivery within the delivery deadline was essential.
viii. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.vii, you can give me a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if I do not meet the new deadline.
ix. If you do choose to treat the contract as at an end for late delivery under clause 7.vii or clause 7.viii, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that I will refund any sums you have paid to me for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to me or (if they are not suitable for posting) allow me to collect them from you. We will pay the costs of postage or collection. Please call me or email me to arrange collection
x. A product which is goods will be your responsibility from the time I deliver the product to the address you gave me or you [or a carrier organised by you] collect it from me.
xi. You own a product which is goods once I have received payment in full.
xii. I may need certain information from you so that I can supply the products to you. If so, this will have been apparent from my website. I will contact you to ask for this information. If you do not give me this information within a reasonable time of me asking for it, or if you give me incomplete or incorrect information, I may either end the contract (and clause 10.ii will apply) or make an additional charge of a reasonable sum to compensate me for any extra work that is required as a result. I will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving me the information I need within a reasonable time of me asking for it.
xiii. I may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by me to you (see clause 6).
xiv. I will contact you in advance to tell you I will be suspending supply of a product, unless the problem is urgent or an emergency, and will refund any sums you have paid in advance for the product.
xv. If you do not pay me for the products when you are supposed to (see clause 12.iv) I may suspend supply of the products until you have paid the outstanding amounts. I will contact you to tell you I am suspending supply of the products. As well as suspending the products I can also charge you interest on your overdue payments (see clause 12.v).
8. Your rights to end the contract
i. You can always end your contract with me. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how I am performing and when you decide to end the contract:
a. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
b. If you want to end the contract because of something I have done or have told you I was going to do, see clause 8.ii;
c. If you have just changed your mind about the product, see clause 8.iii. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
d. In all other cases (if I am not at fault and there is no right to change your mind), see clause 8.vi.
ii. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and I will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
a. I have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.ii);
b. I have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
c. there is a risk that supply of the products may be significantly delayed because of events outside our control;
d. I have suspended supply of the products for technical reasons, or notify you I am going to suspend them for technical reasons, in each case for a period of more than 30 days or
e. you have a legal right to end the contract because of something I have done wrong
iii. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
iv. You do not have a right to change your mind in respect of purchases with a combined price p to £42
v. You have 14 days after the day you (or someone you nominate) receive the goods to change your mind
vi. Even if I am not at fault and you do not have a right to change your mind (see clause 8.i), you can still end the contract before it is completed, but you may have to pay me compensation. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where I am not at fault, just contact me to let me know. The contract will end immediately and I will refund any sums paid by you for products not provided but I may deduct from that refund reasonable compensation for the net costs I will incur as a result of your ending the contract
9. How to end the contract with me (including if you have changed your mind)
i. To end the contract with me, please let me know by phone or email or letter at the contact details provided above. Please provide your name, home address, details of the order and, where available, your phone number and email address.
ii. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to me. You must either return the goods in person to where you bought them, post them back to me at my address or (if they are not suitable for posting) allow me to collect them from you. If you are exercising your right to change your mind you must send off the goods within 14 days of telling me you wish to end the contract.
iii. I will pay the costs of return:
a. if the products are faulty or misdescribed;
b. if you are ending the contract because I have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside my control or because you have a legal right to do so as a result of something I have done wrong; or
iv. In all other circumstances you must pay the costs of return.
v. If you are responsible for the costs of return and I am collecting the product from you the costs of collection will be the same as my charges for standard delivery.
vi. I will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, I may make deductions from the price, as described below.
vii. If you are exercising your right to change your mind:
a. I may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If I refund you the price paid before I am able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay me an appropriate amount.
b. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method I offer. For example, if I offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then I will only refund what you would have paid for the cheaper delivery option.
viii. I will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and and we have not offered to collect the product, your refund will be made within 14 days from the day on which I receive the product back from you or, if earlier, the day on which you provide me with evidence that you have sent the product back to me. For information about how to return a product to me, see clause 9.ii.
10. My rights to end the contract
i. I may end the contract if you break it. I may end the contract for a product at any time by writing to you if:
a. you do not make any payment to me when it is due and you still do not make payment within 7 days of me reminding you that payment is due;
b. you do not, within a reasonable time of me asking for it, provide me with information that is necessary for us to provide the products.
c. you do not, within a reasonable time, allow me to deliver the products to you or collect them from me;
ii. You must compensate me if you break the contract. If I end the contract in the situations set out in clause 10.1 I will refund any money you have paid in advance for products we have not provided but I may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
iii. I may write to you to let you know that I am going to stop providing the product. When I can I will let you know at least 14 in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
i. If you have any questions or complaints about the product, please contact me at the contract details provided above.
ii. We are under a legal duty to supply products that are in conformity with this contract. The following is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a. Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b. Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c. Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
iii. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to me or (if they are not suitable for posting) allow me to collect them from you. I will pay the costs of postage or collection.
12. Price and payment
i. The price of the product will be the price indicated on the order pages when you placed your order. I use my best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.ii for what happens if I discover an error in the price of the product you order.
ii. It is always possible that, despite my best efforts, some of the products I sell may be incorrectly priced. I will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than my stated price at your order date, I will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, I will contact you for your instructions before I accept your order.
iii. We accept payment by Paypal, credit and debit cards. You must pay for the products before we dispatch them.
iv. If you do not make any payment to me by the due date, I may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay me interest together with any overdue amount.
v. If you think an invoice is wrong, please contact me promptly to let me know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved I will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
i. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both I and you knew it might happen, for example, if you discussed it with me during the sales process.
ii. I do not exclude or limit in any way my liability to you where it would be unlawful to do so.
iii. I am not liable for business losses. I only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose I will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
15. Other important terms
i. I may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. I will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact me to end the contract within 14 days of me telling you about it and I will refund you any payments me have made in advance for products not provided.
ii. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
iii. This contract is between you and me. No other person shall have any rights to enforce any of its terms.
iv. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately.
v. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date
vi. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.