1 This website is operated and owned by Mark Elvins ('the Artist').
2 The Artist provides this website ('the Website'), including all information and services available from the Website to any individual who visits or reads the contents of or makes use of or purchases anything from the Artist via the Website ('the User'), solely upon the User's acceptance of all terms, conditions, policies and notices stated in these Terms & Conditions ('the Terms') or elsewhere on the Website.
3 By visiting the Website and/or purchasing something from the Artist, the User agrees to be bound by the Terms, including any additional terms, conditions or policies referred to in the Terms and/or available by hyperlink. The Terms apply to any User of the Website, including without prejudice to the generality of the foregoing a User who is a browser, vendor or potential vendor to the Artist, customer or potential customer of the Artist, merchant, and/or contributor of content and irrespective of whether the User is an individual, company, partnership, other business entity or legal personality.
4 If the User is an agent for a third party or otherwise acting on behalf of a third party, the User warrants that the User is fully authorised to contract with the Artist so as to bind the third party legally, without prejudice to the Artist's entitlement entirely at the discretion of the Artist to treat the User as personally liable to the Artist in accordance with the Terms and personally bound by them.
5 The User is encouraged by the Artist to read carefully and satisfy themselves that they fully understand the Terms before accessing or using the Website or purchasing anything from the Artist. If the User does not agree to all the Terms, then the User may not access the Website or use any services available on it or purchase anything via it from the Artist. If the Terms are considered an offer, any such offer is expressly made on the basis of the Terms and acceptance of any such offer is expressly on the basis of the Terms.
6 The Artist reserves the right to make changes to the content of the Website (including the Terms) and expects to make such changes regularly or at least from time to time. The User should not assume the Terms will remain the same since any previous review of them. The Artist encourages the User to review the Terms each time the User accesses the Website and/or purchase something from the Artist via the Website and to review the most current version of the Terms at any time on this page. The User's continued use of or access to the website following the posting of any changes constitutes acceptance of those changes and the Terms as so amended.
7 If the User wishes to make a purchase of an item via the website ('the Item'), the User should please send the Artist an email ('the Enquiry Email') to:
stating the following:
- the full name of the Item as advertised on the Website
- the price of the Item as advertised on the Website
- the name of the User
- the User's email address
- the address to which the User requires the Item to be delivered
- whether the User wishes to pay for the Item by bank transfer or PayPal
and the sending by the User of the Enquiry Email (or any email enquiring about the purchase of an item advertised on the Website) shall be deemed to constitute an acknowledgement and acceptance of the Terms.
8 Payment for items purchased via the Website can be made either by PayPal or bank transfer.
9 Once the Artist has received the Enquiry Email, the Artist will send the User an email ('the Confirmation Email') to confirm availability of the Item, provide payment details and seek any further information necessary for the purchase to proceed.
10 If the Enquiry Email says that the User wishes to pay by PayPal, the Artist will include the Artist's PayPal account details in the Confirmation Email. The User will them make payment of the full purchase price to the Artist via the Artist's PayPal account.
11 If the Enquiry Email says that the User wishes to pay by bank transfer, the Artist will include the Artist's recipient bank account details in the Confirmation Email. The User will them make payment of the full purchase price to the Artist by bank transfer.
12 In either the case of payment by PayPal or bank transfer, it shall be the User's exclusive responsibility (and not the responsibility of the Artist) to ensure that the amount received by the Artist is the full purchase price for the Item as advertised on the Website, without deduction of any fees or bank charges.
13 If payment is being sent in a currency other than Sterling, it shall be the User's exclusive responsibility (and not the responsibility of the Artist) to ensure that the amount of Sterling received by the Artist is at least the amount of the full purchase price for the Item as on the Website.
14 If the full purchase price for the Item as advertised on the Website is not received, the Artist will email the User to notify the User of the balance required to make up the full purchase price for the Item as advertised on the Website and the User will forthwith send that balance to the Artist by the same means as the payment previously made by the User.
15 When the full purchase price for the Item as advertised on the Website has been received, the Artist will send the User an email ('the Order Email') confirming receipt of the full purchase price and notifying the User when the Item will be posted to the address provided by the User. No contract of sale shall exist for the sale of the Item until the Artist sends the User the Order Email. Until the Artist sends the Order Email, the Artist shall be under no obligation to correspond with the User or to proceed further with the purchase or the sending of the Item to the User and after the Order Email has been sent the Artist's obligations to the User shall be limited to those set out below in the Terms.
16 Full title to the Item purchased will only pass to the User once full payment has been received by the Artist and the Order Email has been sent and the Artist has posted the Item to the address provided by the User.
17 When ready to do so, the Artist will post the Item to the address provided by the User.
18 If the address provided by the User is within the UK, the normal postage arrangements made by the Artist will be to send the Item via Post Office Royal Mail first class post requiring a signature on delivery, with postage and packaging charges being included within the price of the Item as advertised on the Website.
19 The Artist encourages the User to satisfy her/himself what those normal postage arrangements with the Royal Mail Post Office entail.
20 If the address provided by the User is not within the UK, the artist will investigate options for the cost of postage and will in the Confirmation Email ask the User which option the User wishes to pursue. If the cost of postage in these circumstances is greater than the cost of normal postage arrangements to an address within the UK, the Artist shall entirely at his discretion ask the User to pay that extra cost before the purchase proceeds.
21 The Artist offers for sale on the Website prints and other artwork capable of being rolled up between sheets of acid-free tissue paper and packaged in cardboard postal rolls secured at each end with plastic stoppers. This method of packaging is deemed reasonably robust. Should the User wish to buy framed versions of prints and artwork, the Artist invites the User to express that preference in the Enquiry Email so that the Artist can discuss framing and packaging requirements and preferences by email. The Artist does not however make any representations nor give any warranties that a framed print or artwork (which will usually include untoughened glass) will not be damaged in transit, irrespective of the packaging or postal arrangements employed.
22 It is the responsibility of the User to make arrangements for the insurance of the Item once the Artist has posted the Item to the address provided by the User. These arrangements may include the User asking the Artist to arrange transit insurance for the Item on the basis that the User pays the Artist the extra cost of such insurance as notified by the Artist to the User and paid by the User before the Item is posted. The User may also ask the Artist to pay for quicker or more secure postage arrangements than those normally employed by the Artist as referred to above. Any such transit insurance or enhanced postage arrangements will be on terms provided by the Post Office (or other postal service provider/insurer) and it shall be the User's responsibility to satisfy her/himself of the adequacy of such insurance and/or enhanced postage arrangements and/or their terms before requesting the Artist for them.
23 The Artist shall not be under any obligation to obtain transit insurance or implement enhanced postage arrangements merely because the User has requested them. The Artist accepts no responsibility or liability to the User for any deficiencies, failings or inadequacy in the Post Office's (or any other postal service provider's or insurer's) transit insurance or enhanced postal arrangements if paid for by the User and implemented by the Artist.
24 The Artist accepts no responsibility or liability for the loss of an Item in transit to the User. Once posted, the delivery risk passes to the User.
25 The Terms shall constitute the entirety of the terms of the contract for the sale of the Item agreed between the Artist and the User. No representations or warranties made or given before the contract comes into effect shall form part of the contract between the Artist and the User.
26 The Artist reserves the right to alter upwards or downwards the prices of items on sale on the Website at any time.
AVAILABILITY OF GOODS
27 All items on sale are subject to availability. The Artist will inform the User as soon as possible if an Item requested by the User is not available or becomes unavailable.
RETURNS AND REPLACEMENTS
28 Under the Consumer Contracts (Distance Selling) Regulations 2000, the User is entitled to cancel the contract by giving the Artist notice before the User receives the Item or within 7 working days of receipt of the Item. If the User wishes to exercise this right prior to dispatch of the Item, the User should please send an email to the Artist's email address stated above.
29 The Artist will entertain any reasonable requests to:
a. reverse a purchase if a User is not satisfied with an Item; or
b. replace an item if the item delivered to the User is not what the User specified in the Enquiry Email;
provided and on condition that the User requests either of the above within 7 working days of receipt of the Item. The judgment as to reasonableness for the purposes of this clause shall be entirely at the Artist's discretion.
30 In the event of reversal of a purchase as referred to above, the User will return the Item to the Artist by secure means and secured in its original packaging. The Artist strongly recommends that the User obtains a proof of postage certificate or other means of verifying carriage to the Artist when returning an Item. The User will retain ownership of any returned Item until the Artist confirms reversal of the purchase. Responsibility for ensuring safe and undamaged return of the Item to the Artist lies exclusively with the User. Upon return of an item to the Artist, the Artist will then assess the returned Item and adjudicate on the reasonableness of the reversal. No reversal will be agreed on the basis that the User has changed their mind, the User had misunderstood the description or specifications of the Item as advertised on the Website, that the Item was purchased as a gift and the donee does not like it, that the purchase was in error, or similar. If the User is unable to return the Item in a perfect condition and/or with the original packaging then the Artist may entirely at his discretion charge the User for any reduction in value of the Item and/or original packaging as a result, which may reduce the amount of any refund in whole or part. The Artist will then either send an email to the User agreeing the reversal (at which point in time the Item returns to the Artist's ownership) and discussing repayment of the whole or part of purchase price, or refusing the reversal and notifying the User of possible ways to proceed, and/or offering an alternative Item(s) instead. Any repayments will be made by PayPal, bank transfer or cheque, at the discretion of the Artist.
31 Postage, packing and insurance charges paid by the User incurred in the delivery of the goods to the User are direct costs and will not be refunded.
32 The Website also invites commissions for work. The User's rights to return goods does not apply on any return of commissioned items.
33 None of the above or any of the provisions of the Terms will affect your statutory rights. If and to the extent that any of the provisions of the Terms conflict with rights conferred under relevant legislation, that legislation shall prevail and the parts of the Terms that conflict with the relevant legislation shall be severed from the parts of the Terms that do not so conflict, so that they remain intact inso far as they do not conflict with relevant legislation.
34 The Artist has made every effort to depict the true appearance of items accurately on the Website, but some variations between the appearance of items on the website and their true appearance may occur. One of the beauties of the handmade print process is the slight print variations that occur, particularly in registering successive layers of print over others, which means that some detail features within a print may appear different in different imprints of the same edition, or the edges of different printed images may not be identical. There may be also variations in tones and colours dependant on the calibration and settings of individual computer screens. All measurements quoted on the Website are approximate and there may be variations between the measurements specified on the website and an Item purchased. The User agrees to accept these differences and variations when purchasing an Item. The Artist invites anyone interested in purchasing his work to contact him by email on firstname.lastname@example.org to make arrangements to view original works of art before committing to purchasing them, or to visit him to make purchases direct at art fairs that he attends.
35 The Website may use 'cookies', mostly in order to assist the functionality of links to PayPal and temporarily to store data during and relating to a User's visit to the Website. Cookies are small pieces of information that are transferred from the Website and stored by the User's browser in a small text file on their computer. They do not contain personal information and cannot reveal who the User is. By using the Website the User agrees to allow it to set cookies on the User's device. If a User does not want to use 'cookies', most Internet browser programs will permit the User to turn them off. If a User does this, they will still be able to access the Website as normal but some processes such as those outlined above that depend on cookies may not work properly.
36 All rights, including copyright, for the Website and the Terms are owned by the Artist, who asserts his moral right to the artwork depicted on the Website. Any use of the Website, its images or content, including copying or storing it or them in whole or part, other than for personal, non-commercial use, is prohibited without the express permission in writing of the Artist.
37 The contents of the Website and any purchase by a User from the Artist in accordance with the Terms or resulting from the use of the Website are governed by and construed in accordance with English law and procedure and any disputes in connection with the same shall be adjudicated upon by the Courts of England and Wales.