TERMS AND CONDITIONS OF SALE
1. INTERPRETATION
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
“Force Majeure Event” shall have the meaning given in clause 11.
“Goods” the products that we are selling to you.
"Order" your selection of the Goods from stock or display on our website or your order for the Commission Goods as set out in our Sales Invoice.
"Terms" the terms and conditions set out in this document.
"We, Us" Phantom Art
"Writing" or written includes e-mail.
"You" the person, persons or body corporate which is buying Goods from us.
1.2 Headings do not affect the interpretation of these terms.
2 BASIS OF SALE
2.1 These Terms, the Order and our price list are considered by us to set out the whole agreement between you and us for the sale of the Goods and supersede and extinguish all previous agreements, promises, assurances, representations and understandings between us. Please check that the details in the Terms or on the Order (where applicable) are complete and accurate before you commit yourself to the contract. If you think that there is an omission or a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing. When you are ordering Goods from us, please ensure that you read and understand these Terms before you submit your Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained on our website, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when:
2.5.1 we issue you with a Sales Invoice; or
2.5.2 we notify you that the Goods are ready, whichever is the earlier, at which point a contract shall come into existence between us. Title to the artwork passes to you when the artwork has been fully paid for and you have been notified that your artwork is available for collection or for delivery to you.
2.6 Please quote the Sales Invoice number (where applicable) in all subsequent correspondence with us relating to the Order.
2.7 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. THE GOODS
3.1 We warrant that on delivery and for a period of 14 days from the date of delivery or the date upon which we notify you that the Goods are ready for collection, as the case may be, the Goods shall:
3.1.1 conform in all material respects with their description subject to any qualification or representation contained on our website or other documentation;
3.1.2 be of satisfactory quality;
3.1.3 be fit for any purpose we represent in writing the Goods are fit for or for any reasonable purpose for which you use the Goods;
3.1.4 be free from material defects in design, material and workmanship; and
3.1.5 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
3.2 This warranty is in addition to your legal rights in relation to Goods which are faulty, or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
3.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out.
3.4 We will take reasonable steps to pack the Goods properly and to ensure that you receive your Order in good condition.
3.5 These Terms apply to any repaired or replacement Goods we may supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
3.6 When caring for your artwork. Please take care when hanging your artwork to avoid direct sunlight, Ultra Violet light, direct heat or any particularly damp conditions. If your artwork has a hand applied resin finish, note that all resin coats can scratch, mark and can discolour and age over time. When cleaning, never use water and avoid chemical and abrasive cleaners. We are unable to be held liable for conditions of use or storage within your home after any cooling off period ends.
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4. DELIVERY
4.1 You may collect if specified at the point of Order or we will arrange delivery of the Goods to you. Delivery to United Kingdom mainland addresses is covered within the price, all other postal addresses will incur additional costs to those shown.
4.2 Delivery of the Order will be completed when either we or our delivery agents deliver the Goods to you or we make the Goods available for collection by you.
4.3 We will take reasonable steps to meet any estimated delivery date specified in the Order or otherwise agreed by us in writing. However, this date may be affected by factors beyond our control and so cannot be guaranteed.
4.3.1 we shall have no liability to you for late delivery.
4.4 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will hold the order until complete. If you ask us to deliver the Order in instalments, we will charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
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5. RETURNS
5.1 In the unlikely event that the Goods do not conform with these Terms, please let us know as soon as possible after delivery or collection. We will ask you to return the Goods to us and once we have checked that the Goods are damaged or defective, we will either (at our option):
5.1.1 provide you with a full or partial refund (including refund of any reasonable delivery charges which you have incurred); or
5.1.2 replace the Goods; or
5.1.3 repair the Goods.
5.2 Goods will not be accepted for return unless we are reasonably satisfied that they are damaged or defective.
5.3 Goods to be returned by you to us must clearly show the Order number on the packaging.
5.4 These Terms will apply to any replacement Goods we supply to you.
5.5 Please note that no claims will be accepted in respect of any changes in colouring of artworks which have occurred through natural processes.
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6. CANCELLATION
6.1 If you are contracting as a consumer, you may cancel your contract to purchase the Goods at any time within 14 days, beginning on the day after you receive the Goods. This right of cancellation does not, however, apply in the case of bespoke Goods made or commissioned to your specific order. To cancel a Contract, you just need to let us know that you have decided to cancel. You should contact us by email at phantom.art@btinternet.com, please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time if you get you e-mail us before midnight on that day.
6.2 If you cancel your Contract we will:
6.2.1 refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund 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 retail outlet;
6.2.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
6.2.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
6.2.3.1 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us.
6.2.3.2 if you have not received the Goods or you have received them and we have offered to collect them from you: 14 days after you inform us of your decision to cancel the Contract.
6.3 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product, we may refund you in vouchers.
6.4 If Goods have been delivered to you before you decide to cancel your Contract:
6.4.1 then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Unless the Product is faulty or not as described (in this case, see clause 5.1), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
6.5 Apart from the special circumstances described above, you may only cancel your order with our agreement.
6.6 Advice about your legal right to cancel the contract is available from your local Citizen’s Advice Bureau or Trading Standards Office.
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7. TITLE AND RISK
7.1 The Goods will be your responsibility from the point of delivery or from when you are notified that the artwork is available for collection (and the artwork is fully paid for).
7.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including any additional delivery charges, and delivery being available to be completed.
8. PRICE AND PAYMENT
8.1 All prices stated in on the website do not include VAT as the business is not VAT registered.
8.2 The prices indicated on the website include delivery costs to United Kingdom mainland addresses. Non mainland delivery will require an additional payment of the difference in actual cost which will be added to the total amount due. We do not generally deliver outside of the United Kingdom, if however, we accept an Order for delivery outside of that area, you may need to pay import duties or other taxes in addition to the further shipping charges outlined, as we will not pay them.
8.3 If you fail, through no fault of ours, to take delivery of the Goods, we may charge the reasonable costs of storing and redelivering them.
8.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on the Order, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
8.5 Payment in cleared funds for all Goods must be made at the time when goods are collected or prior to the Order being prepared for delivery. We accept payment by most debit and credit cards.
8.6 We are not responsible for the collection, remittance and/or payment of any taxes, charges, levies, assessments or other fees of any kind imposed by any governmental or other authority in respect of the purchase, importation, sale or distribution of the Goods and these are and will remain your responsibility.
9. ORIGINAL WORKS
9.1 Where you have commissioned and/or we have sold to you an original work of art then, no rights to exploit any intellectual property rights, whether by copying such work or licensing such work for reproduction or publishing such work in any format, including, but not limited to, sculpture, limited edition print, illustration or other form of artwork or advertising, is granted to you, nor should any such grant be implied or inferred. All such rights are expressly reserved to us and we do not guarantee that any such rights either will or will not be exercised.
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10. LIMITATION OF LIABILITY
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
10.2 You acknowledge that in entering into this contract you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement or otherwise confirmed by us in writing.
10.3 We do not exclude or limit in any way our liability for:
10.3.1 death or personal injury caused by our negligence
10.3.2 fraud or fraudulent misrepresentation; or
10.3.3 any other liability which we are unable to exclude by law.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
11.2.1 strikes, lockouts or other industrial action; or
11.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
11.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; or
11.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
11.2.5 impossibility of the use of public or private telecommunications networks
11.2.6 impossibility of printers and framing companies from undertaking their usual business activities in the United Kingdom
11.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
12. ASSIGNMENT
12.1 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
13. NOTICES
13.1 All notices sent by you to us must be sent by email to phantom.art@btinternet.com. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
14. GENERAL
14.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
14.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
14.4 These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts.