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, sketches, reproduction prints, photographs on paper or card or board or canvas. “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 “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”, "we", "us", or "our" throughout this web site. “Customer” means buyer, purchaser, client. 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.
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: Reproduction Prints (also known as “Glicee”) are marketed and sold as Limited Edition reproduction prints. Each reproduction is printed by computerised digital means upon high quality paper of substantial weight and is one hundred percent (100%) acid free. The digital ink jet printing inks used have an exceptionally good archival value. This means the reproduction should last for many years if it is framed under glass and it is suitably hung inside a building under normal lighting (lux) and under normal dry air living conditions. All Limited Edition reproduction prints are signed and numbered by the artist. A certificate of authentication accompanies each limited edition reproduction print. If offered for sale, Artist’s Proofs will be numbered in Roman Numerals and will be signed by the artist and will be accompanied by a certificate of authentication. Variable information on the certificate of authentication is written by the artist’s hand to facilitate production matters and to give the purchaser an essence of exclusivity.
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).
Price of the Product(s).
All prices quoted 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.
Limited Edition Reproduction Prints: The price of reproduction prints are as shown on the website.
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 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.
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 postal package.
Delivery
Delivery of the 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 will 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. Where you have ordered a reproduction print that is currently out of stock, your order will be despatched as soon as the ordered reproduction print becomes available. We will e-mail you to let you know when your order has been dispatched. Delivery will be within 5 working days from the date of the e-mail (UK Only).
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. However, should a customer complain that a print has faded or some other unnatural condition has caused the print to change in some strange manner then Inspirational Art will replace the print (up to 6 months from the date of purchase) providing the print has not been tampered with nor unsuitably placed/stored in direct sunlight, under intense man made brightness, in a damp or wet room, a bath/shower/steam room or a room of excessive heat or cold or placed outside.
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: Cwm Mynach, Cribyn, Lampeter, Ceredigion SA48 7NR West Wales United Kingdom.
Reference in these terms and disclaimers to Edward McNaught-Davis shall include its successors and assigns.