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Inspirational Art 4u - Inspirational Artwork Pictures by the inspired artist Edward McNaught-Davis
Inspirational Art4u.
Business Terms & Conditions.
Interpretation in these business terms and conditions:
“Customer means the person who accepts a quotation of or from the Seller for the sale of the Picture(s) or whose order for the Picture(s) is accepted by the Seller. “Products” shall mean Pictures. “Picture(s)” means work(s) of art made in whole or in part by the Seller and which the Seller is to supply in accordance with these Conditions. “Original works of art” means without limitation paintings, drawings, cartoons, illustrations, animations, sketches, reproduction prints, greeting cards, photographs on paper or card or board or canvas or on magnetic or electronic or digital media. “Reproduction Prints” means without limitation glicees, computerised digital image prints, digital prints produced from a computer printer or by photographic development means. “Made in whole” means whether the picture is framed and or glazed and or laminated and or mounted (matted). “Made in part” means whether the picture is unframed and or unglazed and without lamination and or unmounted (unmatted).
“Seller” means Edward McNaught-Davis trading from or as Inspirational Art4u or as www.inspirationalart4u.biz or as www.inspirationalart4u.co.uk or as http://www.inspirationalart4u.biz or as http://www.inspirationalart4u.co.uk . “Conditions” means these terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Seller. “Contract” means the contract for the sale and purchase of the Product(s). “Writing” means and includes e-mail transmission, telex, cable, facsimile, letter and comparable means of communication. The Product(s) supplied from this web site are supplied by the seller who may be referred to as "Edward McNaught-Davis", “Inspirational Art4u”, “Inspirationalart4u.biz”, “Edward”, “I”, “me”, "we", "us", or "our" throughout this web site. “Customer” means buyer, purchaser, client. “UK” means United Kingdom. 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. The headings in these Conditions are for convenience only and shall not affect their interpretation.
Use of this website
The purchase of picture(s) from this web site is governed by these terms and conditions. Please read all the business terms, conditions and disclaimers. By accessing this site, you agree to be bound by these business terms, conditions and disclaimers. This web site is directed solely at those who access the site from the United Kingdom. Those who choose to access this site from other locations outside of the country of the United Kingdom are responsible for compliance with local laws if and to the extent local laws are applicable. The Seller makes no representation that any product or service referred to in this web site will be available or appropriate for use in other locations. No monetary charge is imposed by the Seller for access to this web site but you are responsible for paying the cost of the communications link you use to visit this web site. Access to this web site may be suspended, restricted or terminated at any time and without any prior notice. The Seller accepts no responsibility for the web sites or other information, practices or products of other parties linked to this web site. Your dealings with persons found via this web site are between you and such persons and the Seller will not be liable for any loss or damage arising out of such dealings. Please see Privacy Policy. If any of these terms or disclaimers shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Data Protection Notice
The Seller does not collect and process information about you. See Privacy Policy. The Seller does not sell, trade or rent your personal information to others. See Privacy Policy. If you are under 18 years of age, please forward to us the prior written consent of your parent/guardian before you communicate with us. We will then communicate with your parent/guardian and not knowingly with you.
Intellectual Property Rights
All rights including without limitation copyright, design and trade mark rights in the web site are owned by Edward McNaught-Davis. Other product, brand and company names mentioned on the web site may be trade marks or registered trade marks of their respective owners, and you agree to comply with any notices pertaining to these or drawing them to your attention.
Should you wish to send us your thoughts and ideas for improving the infrastructure of this web site and/or any product(s) you would like to see on this web site in future then you acknowledge that we may use your thoughts and ideas at any time and in any manner we wish, free of charge.
The Products
Products on canvas or on board or panel are either sold framed or unframed and generally not under glass. Products on paper or on card are either sold framed under glass with a mount (mat) or unframed without glass and unmounted or unmatted. Products of digital origin may be sold on paper or card or by email carrier or by sever download or on portable electronic or magnetic media such as CD ROM or DVD or Flash Drive.
Original Works of Art: Edward McNaught-Davis will retain copyright in the purchased work(s) unless otherwise agreed in writing before the final purchase is made and the agreed monies have cleared through the British banking system. This means that the customer may not under any circumstances reproduce by any means the work(s) of art purchased for commercial or charitable profit or gain.
Reproduction Prints: Professionally produced reproduction prints are marketed and sold by an authorised third party agent called “Image Kind” and who reside in the United States of America; their reproduction prints are marketed and sold strictly under their own business terms and conditions. Image Kind are linked to this site for the sole purpose of marketing reproduction prints designed electronically by Edward McNaught-Davis.
Greeting Cards: Greeting cards are designed in part by the artist and marketed on this site but are not produced or sold from this site. Greeting Cards are marketed and sold strictly under the business terms and conditions of the third party site known as Fine Art America and which is linked to this site
Shipment/Post/Mail
Product Shipment: For protection during shipping, all original works and limited edition reproduction prints are securely contained within a clear (see- through) plastic water resistant hand made package. This is then placed into a flat board-backed package and addressed with both the customer’s and the seller’s address, stamped with the correct postage and insured accordingly. For overseas customers and where appropriate a Customs Declaration will be attached to the flat packed package. Shipping/Postal Tracking: The “on-line” Royal Mail Tracking System is used to track the whereabouts of items despatched by Inspirational Art4u.
Basis of the Sale
These Conditions shall apply to the Contract and govern the Contract to the exclusion of any other terms and conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document. All communications including advertisements made by the Seller and all information on this website are invitations to treat only and are not offers or unilateral contracts. Your submission of an order represents an offer to purchase the product(s) indicated by you, and is not binding on us until we have notified you that the order is accepted. This means that if a product is shown on the web site but is not available or is incorrectly priced or otherwise incorrectly described, the Seller shall not be obliged to sell you that product. We cannot accept orders from persons under 18 years of age; please do not place an order with us if you are under 18 years of age. We will be pleased to take an order from your parent/guardian. All orders for Product(s) shall be deemed to be an offer by the Customer to purchase Product(s) pursuant to these conditions. No variation to these Conditions shall be binding unless agreed in Writing by the Seller. The Seller’s employees or agents are not authorised to make any representations concerning the Product(s) unless confirmed by the Seller in Writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations, which are not so confirmed. Any typographical, clerical or other error or omission in any quotation, price list, acceptance of offer, invoice or other document or information unused by the Seller shall be subject to correction without any liability on the part of the Seller.
Commissions
Where the customer wishes to commission the seller to produce a particular or specified product to the customer’s requirements no order submitted by the customer shall be deemed to be accepted by the seller unless and until confirmed in Writing by the Seller or his authorised representative(s).
Up to three levels of service by the Seller are available in undertaking commissioned work and each commission type is clearly stated under the different commission pages on this site. The types of commission are: Commission a Painting or Commission a Cartoon or Commission a Digital Illustration or Commission a Digital Animation.
The Three Service Levels available are all slightly different depending on the type of Commission requested. Commission a Cartoon attracts one service level only. The Service Levels for each commission type are:
Commission a Painting:
Level 1 (One) Service: This level of service is simple and straight forward. It involves little interaction between you and the Seller. It is the cheapest level of service too. Once the Seller has understood and agreed to do your picture commission, the Seller will ask you to pay in full and as soon as your payment has cleared the Seller will begin to fulfil your picture commission as the Seller deems fit. As soon as your picture commission is complete, the Seller will then ship the picture commission to you by secure means. You should choose to use this level of service if you are happy for the Seller to interpret your requirements without any further collaboration from yourself once the Seller begins to paint your picture commission.
Level 2 (Two) Service: This level of service is more involved and will incorporate some interaction between you and the Seller once the Seller starts to paint your picture commission. Initially, the Seller will require a 60% non refundable deposit of the total price to commence the picture commission for you. The Seller will inform you as soon as the picture commission is finished and the Seller will email you digital photos of the same. You may request simple and reasonable changes to the composition if need be and only if in the view of the Seller they are feasible to do. Once you are happy with the finished picture commission the Seller will request that the balance of 40% is paid prior to shipping it to you. You should choose this level of service if you feel you may want the option of asking the Seller to tweak some element in the finished composition.
Level 3 (Three) Service: This level of service is very involved and will allow you to steer/control the picture commission much more than the other two levels of service. It is the most expensive option of service too. Initially, the Seller will require a 30% non refundable deposit to commence the picture commission for you. This is known as Stage 1. After that the Seller will lay in the basic composition to your requirements and will apply some background colour and maybe some detail too so that you can see roughly how the picture commission will look. The Seller will then invite you to suggest any changes to perhaps suit your requirements better. Irrespective of whether any changes are required, the Seller will then ask you to pay another 30% of the total price to move to stage 2. This second stage will involve continuing with the painting as both you and the Seller think fit and perhaps incorporating any requested changes and until the painting is finished. Stage 3 involves you paying the balance of 40% and taking the completed painting to hang on your wall or whatever you intend doing with it. The advantages to you of going through a staged process include you being able to buy into the control of the painting plus having the option of cancelling the order at the end of any given stage. And if you did cancel for whatever reason, you would be able to keep the incomplete picture commission. You should choose this option if you have a particular requirement that will involved the precise placement of detail to make the picture commission work for you in a specific manner.
Commission a Cartoon:
Cartoon Production and Delivery
Once the Seller has understood and agreed to do your cartoon commission, the Seller will ask you to pay the full commissioned price. As soon as your payment has cleared the Seller will begin to fulfil your order as the Seller deems fit from your instructions. As soon as your order is complete, the Seller will then ship the cartoon to you by secure means. You should choose to use this level of service if you are happy for the Seller to interpret your requirements without any further collaboration from yourself once the Seller begins to cartoon for you.
Commission a Digital Illustration:
Level 1 (One) Service: This level of service is simple and straight forward. It involves little interaction between you and the Seller. It is the cheapest level of service too. Once the Seller has understood and agreed to do your commission, the Seller will ask you to pay in full and as soon as your payment has cleared the Seller will begin to fulfil your order as the Seller deems fit. As soon as your order is complete, the Seller will then email the digital illustration to you. You should choose to use this level of service if you are happy for the Seller to interpret your requirements without any further collaboration from yourself once the Seller begins to digitally illustrate for you.
Level 2 (Two) Service: This level of service is more involved and will incorporate some interaction between you and the Seller once the Seller starts to digitally illustrate for you. Initially, the Seller will require a 60% non refundable deposit of the total price to commence the picture commission for you. The Seller will inform you as soon as the picture commission is finished and the Seller will email you digital photos of the same. You may request simple and reasonable changes to the composition if need be and only if in the view of the Seller they are feasible to do. Once you are happy with the finished product the Seller will request that the balance of 40% is paid prior to emailing it to you. You should choose this level of service if you feel you may want the option of tweaking some element in the finished composition.
Level 3 (Three) Service: This level of service is very involved and will allow you to steer/control the digital illustration much more than the other two levels of service. It is the most expensive option of service too. Initially, the Seller will require a 30% non refundable deposit to commence the picture commission for you. This is known as Stage 1. After that the Seller will lay in the basic composition to your requirements and will apply some background colour and/or shading and maybe some detail too so that you can see roughly how the picture commission will look. The Seller will then invite you to suggest any changes to perhaps suit your requirements better. Irrespective of whether any changes are required, the Seller will then ask you to pay another 30% of the total price to move to stage 2. This second stage will involve continuing with the digital illustration as both you and the Seller think fit and perhaps incorporating any requested changes and until the digital illustration is finished. Stage 3 involves you paying the balance of 40% and taking the completed digital illustration. The advantages to you of going through a staged process include you being able to buy into the control of the digital illustration plus having the option of cancelling the order at the end of any given stage. And if you did cancel for whatever reason, you would be able to keep the incomplete picture commission. You should choose this option if you have a particular requirement that will involved the precise placement of detail to make the picture commission work for you in a specific manner.
Commission a Digital Animation:
Level 1 (One) Service: This level of service is simple and straight forward. It involves little interaction between you and the Seller. It is the cheapest level of service too. Once the Seller has understood and agreed to do your digital animation commission, the Seller will ask you to pay in full and as soon as your payment has cleared the Seller will begin to fulfil your order as the Seller deems fit. As soon as your order is complete, the Seller will then ship the digital animation to you by secure means. You should choose to use this level of service if you are happy for the Seller to interpret your requirements without any further collaboration from yourself once the Seller begins to do your digital animation for you.
Level 2 (Two) Service: This level of service is more involved and will incorporate some interaction between you and the Seller once the Seller commences your digital animation. Initially, the Seller will require a 60% non refundable deposit of the total price to commence the work for you. The Seller will inform you as soon as the animation work is finished. If possible, the Seller will email you digital photos of the same. You may request simple and reasonable changes to the composition if need be and only if in the view of the Seller they are feasible to do. Once you are happy with the finished product the Seller will request that the balance of 40% is paid prior to shipping it to you. You should choose this level of service if you feel you may want the option of tweaking some element in the finished digital animation.
Level 3 (Three) Service: This level of service is very involved and will allow you to steer/control the animation much more than the other two levels of service. It is the most expensive option of service too. Initially, the Seller will require a 30% non refundable deposit to commence the digital animation for you. This is known as Stage 1. After that the Seller will lay in the basic composition to your requirements and will apply some background colour (if colour is required) and maybe add some detail too so that you can see roughly how the animation sequence will look. The Seller will then invite you to suggest any changes to perhaps suit your requirements better. Irrespective of whether any changes are required, the Seller will then ask you to pay another 30% of the total price to move to stage 2. This second stage will involve continuing with the animated work as both you and the Seller think fit and perhaps incorporating any requested changes and until the animation is finished. Stage 3 involves you paying the balance of 40% and receiving the animated commission. The advantages to you of going through a staged process include you being able to buy into the control of the animation sequence plus having the option of cancelling the order at the end of any given stage. And if you did cancel for whatever reason, you would be able to keep the incomplete picture commission. You should choose this option if you have a particular requirement that will involved the precise placement of detail to make the motion picture commission work for you in a specific manner.
Price of the Product(s).
All prices quoted on this site are in Great Britain Pounds (GBP).
Original Works of Art: The price of original works of art shall be the price set out in writing by the seller following an enquiry made by the customer.
Reproduction Prints (Image Kind): The price of reproduction prints are as shown on Image Kind’s web site and are expressed in US Dollars.
Greeting Cards: The price of greeting cards are as shown on Fine Art America’s web site and are expressed in US Dollars.
Except as otherwise stated under the terms of any quotation or in any price list of the Seller, all prices are given by the Seller on the basis of delivery to the Customer at the Seller’s premises, the Customer shall be liable to pay the Seller’s charges for shipping, packaging and insurance (“Shipping costs”).
Price is free of any applicable value added tax (VAT), as the seller is neither liable nor registered for VAT.
Discounts may be levied for multiple orders, commissions and purchases at the sole discretion of the seller and must be confirmed in writing by the seller. In all cases discounts do not apply to the shipping/postal/delivery/insurance/banking/foreign exchange/border control/customs costs.
Terms of Payment
Payment may be made securely by Credit Card via PayPal or by personal cheque drawn on a British Clearing Bank or by Bankers Draft drawn on a British Clearing Bank or by UK postal Order drawn on British Post Office domiciled within the geographic territory of the United Kingdom or in cash providing that any cash payment is made in person. The Seller does not accept cash sent through the post whether registered or otherwise and assumes absolutely no responsibility should any such cash remittance be lost in the postal networks whether with the United Kingdom or elsewhere. In the case of foreign currency transactions, all foreign exchange charges and commissions are for the customer’s account. Similarly, all foreign taxes, border fees and foreign exchange controls are for the customer’s account. Customers outside of the United Kingdom are responsible for paying any foreign exchange charges, commissions and taxes and any bank charges from their own bank or from their bank’s correspondent network. Customer shall pay the price of the Product(s) together with any shipping and insurance costs prior to the despatch of Product(s). Edward McNaught-Davis (The Seller) is PayPal verified. Payment made through PayPal is secure and the seller will not be made privy to your banking or credit card details. PayPal can handle on behalf of the seller payments via American Express, Mastercard, Switch, Solo, Visa, Visa Electron and Delta. Payment may be made in Great British Pounds (GBP) or US Dollars (USD) or Euros or Canadian Dollars (CAND) or Australian Dollars (AUZD) or Japanese Yen (JAPY). If payment by cheque is accepted that acceptance is conditional upon payment in full on first presentation. The time of payment shall be the essence of the Contract. If the Customer fails to make any payment by an agreed due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract. With respect to Service Level 2 (Two) for Commission a Painting and Commission a Digital Illustration and Commission a Digital Animation if for whatever reason you cannot pay or will not pay the 40% balance then the Seller will hold onto the painting for a minimum of 30 days after which you will forfeit any rights to it and the Seller may dispose of it in any manner that the Seller deems fit and this might mean selling it to another buyer.
Receipts of purchase
Where payment has been made via PayPal receipts of purchase are automatically generated by the PayPal system. Where payment has been made by other acceptable means a receipt of purchase will be sent within the shipped package or by email as appropriate.
Delivery
Delivery of the tangible Product(s) shall be made to the Customer by secured delivery as arranged by the British Postal Authority (Royal Mail). On receipt of cleared payment you should receive your product(s) within 5 working days (UK Only). Upon receipt of your product purchase, you are well advised to handle it carefully and to inspect it to determine whether you are satisfied to keep it. Please make sure your hands are clean and dry before removing the product(s) from its protective shipping package. Delivery of non tangible products such as Digital Illustrations and Digital Animations not contained on a CD ROM nor a DVD nor a Flash Drive will be sent by either email or will be available for download from our server. Delivery of non tangible products such as Digital Illustrations and Digital Animations and which are contained on a CD ROM or a DVD or a Flash Drive will be made to the Customer by secured delivery as arranged by the British Postal Authority (Royal Mail) and you should receive these non tangible product(s) within 5 working days (UK Only). Delivery of reproduction prints and greeting cards are not the responsibility of this site and you are advised to check the terms and conditions of Image Kind for reproduction prints and Fine Art America for Greeting Cards by following relevant links from this site.
Returns and Refunds
You have seven (7) calender days in which to evaluate your product purchase. Refunds will be given if the product(s) received is not satisfactory to you and is returned in the same condition as shipped within seven days of receipt. Refunds cannot be given if the product is damaged by any means including but not limited to finger prints, however slight, moisture or dirt smudges, tears, creases. Any returns must include the print and its original packaging plus the certificate of authenticity in the case of a limited edition reproduction print. Shipping, postal, insurance and bank charges will not be refunded.
Future Sale of Purchased Artworks: The customer is free to sell on any purchased works of art at any time in so providing that the customer makes aware to the new buyer the terms and conditions of this document with particular reference to ownership of copyright remaining with the seller (artist).
Warranties and liability
Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Customer by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise howsoever), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Product(s) or their use or resale by the Customer, except as expressly provided in these Conditions. No specific or explicit warranties will be mentioned with each product for sale.
Disclaimers
We reserve the rights to change, modify, remove or substitute without notice any information shown on the web site or any other web site owned by Edward McNaught-Davis from time-to-time. Prices and availability of picture(s) are subject to change without notice. Edward McNaught-Davis does not control, endorse and is not responsible for the availability or content of any third party websites available via this website through a link, or for any services or product you buy through such websites. All content and services on this website are provided on an "as is" basis and Edward McNaught-Davis does not make any representation whether implied or otherwise or give any warranty in respect of the website and its content. In particular, Edward McNaught-Davis does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on this website. Edward McNaught-Davis will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use the website, its content or any link to another website arising in contract, tort (including negligence) or otherwise except in the case of death or personal injury caused by Edward McNaught-Davis’ negligence.
General
No waiver by the Seller of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. The Contract and any interest therein is not assignable by the Customer. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
Governing Law
The laws of England and Wales shall govern the contract and the Buyer hereby submits to the non-exclusive jurisdiction of the English and Welsh Courts. These terms and conditions and all disclaimers and other material on our web site shall be governed by and construed in accordance with English law and any disputes shall be referred to the exclusive jurisdiction of the English courts to which both parties submit.
Business Details
Edward McNaught-Davis is a Sole Proprietor. His address is: Coach House, Bethania, Llanon, Ceredigion SY23 5NP West Wales United Kingdom.
Reference in these terms and disclaimers to Edward McNaught-Davis shall include his/its successors and assigns.
Business Terms & Conditions.
Interpretation in these business terms and conditions:
“Customer means the person who accepts a quotation of or from the Seller for the sale of the Picture(s) or whose order for the Picture(s) is accepted by the Seller. “Products” shall mean Pictures. “Picture(s)” means work(s) of art made in whole or in part by the Seller and which the Seller is to supply in accordance with these Conditions. “Original works of art” means without limitation paintings, drawings, cartoons, illustrations, animations, sketches, reproduction prints, greeting cards, photographs on paper or card or board or canvas or on magnetic or electronic or digital media. “Reproduction Prints” means without limitation glicees, computerised digital image prints, digital prints produced from a computer printer or by photographic development means. “Made in whole” means whether the picture is framed and or glazed and or laminated and or mounted (matted). “Made in part” means whether the picture is unframed and or unglazed and without lamination and or unmounted (unmatted).
“Seller” means Edward McNaught-Davis trading from or as Inspirational Art4u or as www.inspirationalart4u.biz or as www.inspirationalart4u.co.uk or as http://www.inspirationalart4u.biz or as http://www.inspirationalart4u.co.uk . “Conditions” means these terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Seller. “Contract” means the contract for the sale and purchase of the Product(s). “Writing” means and includes e-mail transmission, telex, cable, facsimile, letter and comparable means of communication. The Product(s) supplied from this web site are supplied by the seller who may be referred to as "Edward McNaught-Davis", “Inspirational Art4u”, “Inspirationalart4u.biz”, “Edward”, “I”, “me”, "we", "us", or "our" throughout this web site. “Customer” means buyer, purchaser, client. “UK” means United Kingdom. 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. The headings in these Conditions are for convenience only and shall not affect their interpretation.
Use of this website
The purchase of picture(s) from this web site is governed by these terms and conditions. Please read all the business terms, conditions and disclaimers. By accessing this site, you agree to be bound by these business terms, conditions and disclaimers. This web site is directed solely at those who access the site from the United Kingdom. Those who choose to access this site from other locations outside of the country of the United Kingdom are responsible for compliance with local laws if and to the extent local laws are applicable. The Seller makes no representation that any product or service referred to in this web site will be available or appropriate for use in other locations. No monetary charge is imposed by the Seller for access to this web site but you are responsible for paying the cost of the communications link you use to visit this web site. Access to this web site may be suspended, restricted or terminated at any time and without any prior notice. The Seller accepts no responsibility for the web sites or other information, practices or products of other parties linked to this web site. Your dealings with persons found via this web site are between you and such persons and the Seller will not be liable for any loss or damage arising out of such dealings. Please see Privacy Policy. If any of these terms or disclaimers shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Data Protection Notice
The Seller does not collect and process information about you. See Privacy Policy. The Seller does not sell, trade or rent your personal information to others. See Privacy Policy. If you are under 18 years of age, please forward to us the prior written consent of your parent/guardian before you communicate with us. We will then communicate with your parent/guardian and not knowingly with you.
Intellectual Property Rights
All rights including without limitation copyright, design and trade mark rights in the web site are owned by Edward McNaught-Davis. Other product, brand and company names mentioned on the web site may be trade marks or registered trade marks of their respective owners, and you agree to comply with any notices pertaining to these or drawing them to your attention.
Should you wish to send us your thoughts and ideas for improving the infrastructure of this web site and/or any product(s) you would like to see on this web site in future then you acknowledge that we may use your thoughts and ideas at any time and in any manner we wish, free of charge.
The Products
Products on canvas or on board or panel are either sold framed or unframed and generally not under glass. Products on paper or on card are either sold framed under glass with a mount (mat) or unframed without glass and unmounted or unmatted. Products of digital origin may be sold on paper or card or by email carrier or by sever download or on portable electronic or magnetic media such as CD ROM or DVD or Flash Drive.
Original Works of Art: Edward McNaught-Davis will retain copyright in the purchased work(s) unless otherwise agreed in writing before the final purchase is made and the agreed monies have cleared through the British banking system. This means that the customer may not under any circumstances reproduce by any means the work(s) of art purchased for commercial or charitable profit or gain.
Reproduction Prints: Professionally produced reproduction prints are marketed and sold by an authorised third party agent called “Image Kind” and who reside in the United States of America; their reproduction prints are marketed and sold strictly under their own business terms and conditions. Image Kind are linked to this site for the sole purpose of marketing reproduction prints designed electronically by Edward McNaught-Davis.
Greeting Cards: Greeting cards are designed in part by the artist and marketed on this site but are not produced or sold from this site. Greeting Cards are marketed and sold strictly under the business terms and conditions of the third party site known as Fine Art America and which is linked to this site
Shipment/Post/Mail
Product Shipment: For protection during shipping, all original works and limited edition reproduction prints are securely contained within a clear (see- through) plastic water resistant hand made package. This is then placed into a flat board-backed package and addressed with both the customer’s and the seller’s address, stamped with the correct postage and insured accordingly. For overseas customers and where appropriate a Customs Declaration will be attached to the flat packed package. Shipping/Postal Tracking: The “on-line” Royal Mail Tracking System is used to track the whereabouts of items despatched by Inspirational Art4u.
Basis of the Sale
These Conditions shall apply to the Contract and govern the Contract to the exclusion of any other terms and conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document. All communications including advertisements made by the Seller and all information on this website are invitations to treat only and are not offers or unilateral contracts. Your submission of an order represents an offer to purchase the product(s) indicated by you, and is not binding on us until we have notified you that the order is accepted. This means that if a product is shown on the web site but is not available or is incorrectly priced or otherwise incorrectly described, the Seller shall not be obliged to sell you that product. We cannot accept orders from persons under 18 years of age; please do not place an order with us if you are under 18 years of age. We will be pleased to take an order from your parent/guardian. All orders for Product(s) shall be deemed to be an offer by the Customer to purchase Product(s) pursuant to these conditions. No variation to these Conditions shall be binding unless agreed in Writing by the Seller. The Seller’s employees or agents are not authorised to make any representations concerning the Product(s) unless confirmed by the Seller in Writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations, which are not so confirmed. Any typographical, clerical or other error or omission in any quotation, price list, acceptance of offer, invoice or other document or information unused by the Seller shall be subject to correction without any liability on the part of the Seller.
Commissions
Where the customer wishes to commission the seller to produce a particular or specified product to the customer’s requirements no order submitted by the customer shall be deemed to be accepted by the seller unless and until confirmed in Writing by the Seller or his authorised representative(s).
Up to three levels of service by the Seller are available in undertaking commissioned work and each commission type is clearly stated under the different commission pages on this site. The types of commission are: Commission a Painting or Commission a Cartoon or Commission a Digital Illustration or Commission a Digital Animation.
The Three Service Levels available are all slightly different depending on the type of Commission requested. Commission a Cartoon attracts one service level only. The Service Levels for each commission type are:
Commission a Painting:
Level 1 (One) Service: This level of service is simple and straight forward. It involves little interaction between you and the Seller. It is the cheapest level of service too. Once the Seller has understood and agreed to do your picture commission, the Seller will ask you to pay in full and as soon as your payment has cleared the Seller will begin to fulfil your picture commission as the Seller deems fit. As soon as your picture commission is complete, the Seller will then ship the picture commission to you by secure means. You should choose to use this level of service if you are happy for the Seller to interpret your requirements without any further collaboration from yourself once the Seller begins to paint your picture commission.
Level 2 (Two) Service: This level of service is more involved and will incorporate some interaction between you and the Seller once the Seller starts to paint your picture commission. Initially, the Seller will require a 60% non refundable deposit of the total price to commence the picture commission for you. The Seller will inform you as soon as the picture commission is finished and the Seller will email you digital photos of the same. You may request simple and reasonable changes to the composition if need be and only if in the view of the Seller they are feasible to do. Once you are happy with the finished picture commission the Seller will request that the balance of 40% is paid prior to shipping it to you. You should choose this level of service if you feel you may want the option of asking the Seller to tweak some element in the finished composition.
Level 3 (Three) Service: This level of service is very involved and will allow you to steer/control the picture commission much more than the other two levels of service. It is the most expensive option of service too. Initially, the Seller will require a 30% non refundable deposit to commence the picture commission for you. This is known as Stage 1. After that the Seller will lay in the basic composition to your requirements and will apply some background colour and maybe some detail too so that you can see roughly how the picture commission will look. The Seller will then invite you to suggest any changes to perhaps suit your requirements better. Irrespective of whether any changes are required, the Seller will then ask you to pay another 30% of the total price to move to stage 2. This second stage will involve continuing with the painting as both you and the Seller think fit and perhaps incorporating any requested changes and until the painting is finished. Stage 3 involves you paying the balance of 40% and taking the completed painting to hang on your wall or whatever you intend doing with it. The advantages to you of going through a staged process include you being able to buy into the control of the painting plus having the option of cancelling the order at the end of any given stage. And if you did cancel for whatever reason, you would be able to keep the incomplete picture commission. You should choose this option if you have a particular requirement that will involved the precise placement of detail to make the picture commission work for you in a specific manner.
Commission a Cartoon:
Cartoon Production and Delivery
Once the Seller has understood and agreed to do your cartoon commission, the Seller will ask you to pay the full commissioned price. As soon as your payment has cleared the Seller will begin to fulfil your order as the Seller deems fit from your instructions. As soon as your order is complete, the Seller will then ship the cartoon to you by secure means. You should choose to use this level of service if you are happy for the Seller to interpret your requirements without any further collaboration from yourself once the Seller begins to cartoon for you.
Commission a Digital Illustration:
Level 1 (One) Service: This level of service is simple and straight forward. It involves little interaction between you and the Seller. It is the cheapest level of service too. Once the Seller has understood and agreed to do your commission, the Seller will ask you to pay in full and as soon as your payment has cleared the Seller will begin to fulfil your order as the Seller deems fit. As soon as your order is complete, the Seller will then email the digital illustration to you. You should choose to use this level of service if you are happy for the Seller to interpret your requirements without any further collaboration from yourself once the Seller begins to digitally illustrate for you.
Level 2 (Two) Service: This level of service is more involved and will incorporate some interaction between you and the Seller once the Seller starts to digitally illustrate for you. Initially, the Seller will require a 60% non refundable deposit of the total price to commence the picture commission for you. The Seller will inform you as soon as the picture commission is finished and the Seller will email you digital photos of the same. You may request simple and reasonable changes to the composition if need be and only if in the view of the Seller they are feasible to do. Once you are happy with the finished product the Seller will request that the balance of 40% is paid prior to emailing it to you. You should choose this level of service if you feel you may want the option of tweaking some element in the finished composition.
Level 3 (Three) Service: This level of service is very involved and will allow you to steer/control the digital illustration much more than the other two levels of service. It is the most expensive option of service too. Initially, the Seller will require a 30% non refundable deposit to commence the picture commission for you. This is known as Stage 1. After that the Seller will lay in the basic composition to your requirements and will apply some background colour and/or shading and maybe some detail too so that you can see roughly how the picture commission will look. The Seller will then invite you to suggest any changes to perhaps suit your requirements better. Irrespective of whether any changes are required, the Seller will then ask you to pay another 30% of the total price to move to stage 2. This second stage will involve continuing with the digital illustration as both you and the Seller think fit and perhaps incorporating any requested changes and until the digital illustration is finished. Stage 3 involves you paying the balance of 40% and taking the completed digital illustration. The advantages to you of going through a staged process include you being able to buy into the control of the digital illustration plus having the option of cancelling the order at the end of any given stage. And if you did cancel for whatever reason, you would be able to keep the incomplete picture commission. You should choose this option if you have a particular requirement that will involved the precise placement of detail to make the picture commission work for you in a specific manner.
Commission a Digital Animation:
Level 1 (One) Service: This level of service is simple and straight forward. It involves little interaction between you and the Seller. It is the cheapest level of service too. Once the Seller has understood and agreed to do your digital animation commission, the Seller will ask you to pay in full and as soon as your payment has cleared the Seller will begin to fulfil your order as the Seller deems fit. As soon as your order is complete, the Seller will then ship the digital animation to you by secure means. You should choose to use this level of service if you are happy for the Seller to interpret your requirements without any further collaboration from yourself once the Seller begins to do your digital animation for you.
Level 2 (Two) Service: This level of service is more involved and will incorporate some interaction between you and the Seller once the Seller commences your digital animation. Initially, the Seller will require a 60% non refundable deposit of the total price to commence the work for you. The Seller will inform you as soon as the animation work is finished. If possible, the Seller will email you digital photos of the same. You may request simple and reasonable changes to the composition if need be and only if in the view of the Seller they are feasible to do. Once you are happy with the finished product the Seller will request that the balance of 40% is paid prior to shipping it to you. You should choose this level of service if you feel you may want the option of tweaking some element in the finished digital animation.
Level 3 (Three) Service: This level of service is very involved and will allow you to steer/control the animation much more than the other two levels of service. It is the most expensive option of service too. Initially, the Seller will require a 30% non refundable deposit to commence the digital animation for you. This is known as Stage 1. After that the Seller will lay in the basic composition to your requirements and will apply some background colour (if colour is required) and maybe add some detail too so that you can see roughly how the animation sequence will look. The Seller will then invite you to suggest any changes to perhaps suit your requirements better. Irrespective of whether any changes are required, the Seller will then ask you to pay another 30% of the total price to move to stage 2. This second stage will involve continuing with the animated work as both you and the Seller think fit and perhaps incorporating any requested changes and until the animation is finished. Stage 3 involves you paying the balance of 40% and receiving the animated commission. The advantages to you of going through a staged process include you being able to buy into the control of the animation sequence plus having the option of cancelling the order at the end of any given stage. And if you did cancel for whatever reason, you would be able to keep the incomplete picture commission. You should choose this option if you have a particular requirement that will involved the precise placement of detail to make the motion picture commission work for you in a specific manner.
Price of the Product(s).
All prices quoted on this site are in Great Britain Pounds (GBP).
Original Works of Art: The price of original works of art shall be the price set out in writing by the seller following an enquiry made by the customer.
Reproduction Prints (Image Kind): The price of reproduction prints are as shown on Image Kind’s web site and are expressed in US Dollars.
Greeting Cards: The price of greeting cards are as shown on Fine Art America’s web site and are expressed in US Dollars.
Except as otherwise stated under the terms of any quotation or in any price list of the Seller, all prices are given by the Seller on the basis of delivery to the Customer at the Seller’s premises, the Customer shall be liable to pay the Seller’s charges for shipping, packaging and insurance (“Shipping costs”).
Price is free of any applicable value added tax (VAT), as the seller is neither liable nor registered for VAT.
Discounts may be levied for multiple orders, commissions and purchases at the sole discretion of the seller and must be confirmed in writing by the seller. In all cases discounts do not apply to the shipping/postal/delivery/insurance/banking/foreign exchange/border control/customs costs.
Terms of Payment
Payment may be made securely by Credit Card via PayPal or by personal cheque drawn on a British Clearing Bank or by Bankers Draft drawn on a British Clearing Bank or by UK postal Order drawn on British Post Office domiciled within the geographic territory of the United Kingdom or in cash providing that any cash payment is made in person. The Seller does not accept cash sent through the post whether registered or otherwise and assumes absolutely no responsibility should any such cash remittance be lost in the postal networks whether with the United Kingdom or elsewhere. In the case of foreign currency transactions, all foreign exchange charges and commissions are for the customer’s account. Similarly, all foreign taxes, border fees and foreign exchange controls are for the customer’s account. Customers outside of the United Kingdom are responsible for paying any foreign exchange charges, commissions and taxes and any bank charges from their own bank or from their bank’s correspondent network. Customer shall pay the price of the Product(s) together with any shipping and insurance costs prior to the despatch of Product(s). Edward McNaught-Davis (The Seller) is PayPal verified. Payment made through PayPal is secure and the seller will not be made privy to your banking or credit card details. PayPal can handle on behalf of the seller payments via American Express, Mastercard, Switch, Solo, Visa, Visa Electron and Delta. Payment may be made in Great British Pounds (GBP) or US Dollars (USD) or Euros or Canadian Dollars (CAND) or Australian Dollars (AUZD) or Japanese Yen (JAPY). If payment by cheque is accepted that acceptance is conditional upon payment in full on first presentation. The time of payment shall be the essence of the Contract. If the Customer fails to make any payment by an agreed due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract. With respect to Service Level 2 (Two) for Commission a Painting and Commission a Digital Illustration and Commission a Digital Animation if for whatever reason you cannot pay or will not pay the 40% balance then the Seller will hold onto the painting for a minimum of 30 days after which you will forfeit any rights to it and the Seller may dispose of it in any manner that the Seller deems fit and this might mean selling it to another buyer.
Receipts of purchase
Where payment has been made via PayPal receipts of purchase are automatically generated by the PayPal system. Where payment has been made by other acceptable means a receipt of purchase will be sent within the shipped package or by email as appropriate.
Delivery
Delivery of the tangible Product(s) shall be made to the Customer by secured delivery as arranged by the British Postal Authority (Royal Mail). On receipt of cleared payment you should receive your product(s) within 5 working days (UK Only). Upon receipt of your product purchase, you are well advised to handle it carefully and to inspect it to determine whether you are satisfied to keep it. Please make sure your hands are clean and dry before removing the product(s) from its protective shipping package. Delivery of non tangible products such as Digital Illustrations and Digital Animations not contained on a CD ROM nor a DVD nor a Flash Drive will be sent by either email or will be available for download from our server. Delivery of non tangible products such as Digital Illustrations and Digital Animations and which are contained on a CD ROM or a DVD or a Flash Drive will be made to the Customer by secured delivery as arranged by the British Postal Authority (Royal Mail) and you should receive these non tangible product(s) within 5 working days (UK Only). Delivery of reproduction prints and greeting cards are not the responsibility of this site and you are advised to check the terms and conditions of Image Kind for reproduction prints and Fine Art America for Greeting Cards by following relevant links from this site.
Returns and Refunds
You have seven (7) calender days in which to evaluate your product purchase. Refunds will be given if the product(s) received is not satisfactory to you and is returned in the same condition as shipped within seven days of receipt. Refunds cannot be given if the product is damaged by any means including but not limited to finger prints, however slight, moisture or dirt smudges, tears, creases. Any returns must include the print and its original packaging plus the certificate of authenticity in the case of a limited edition reproduction print. Shipping, postal, insurance and bank charges will not be refunded.
Future Sale of Purchased Artworks: The customer is free to sell on any purchased works of art at any time in so providing that the customer makes aware to the new buyer the terms and conditions of this document with particular reference to ownership of copyright remaining with the seller (artist).
Warranties and liability
Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Customer by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise howsoever), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Product(s) or their use or resale by the Customer, except as expressly provided in these Conditions. No specific or explicit warranties will be mentioned with each product for sale.
Disclaimers
We reserve the rights to change, modify, remove or substitute without notice any information shown on the web site or any other web site owned by Edward McNaught-Davis from time-to-time. Prices and availability of picture(s) are subject to change without notice. Edward McNaught-Davis does not control, endorse and is not responsible for the availability or content of any third party websites available via this website through a link, or for any services or product you buy through such websites. All content and services on this website are provided on an "as is" basis and Edward McNaught-Davis does not make any representation whether implied or otherwise or give any warranty in respect of the website and its content. In particular, Edward McNaught-Davis does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on this website. Edward McNaught-Davis will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use the website, its content or any link to another website arising in contract, tort (including negligence) or otherwise except in the case of death or personal injury caused by Edward McNaught-Davis’ negligence.
General
No waiver by the Seller of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. The Contract and any interest therein is not assignable by the Customer. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
Governing Law
The laws of England and Wales shall govern the contract and the Buyer hereby submits to the non-exclusive jurisdiction of the English and Welsh Courts. These terms and conditions and all disclaimers and other material on our web site shall be governed by and construed in accordance with English law and any disputes shall be referred to the exclusive jurisdiction of the English courts to which both parties submit.
Business Details
Edward McNaught-Davis is a Sole Proprietor. His address is: Coach House, Bethania, Llanon, Ceredigion SY23 5NP West Wales United Kingdom.
Reference in these terms and disclaimers to Edward McNaught-Davis shall include his/its successors and assigns.
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