These Terms will apply to any contract between us for the sale of Artwork to you (Contract).
Please read these Terms carefully and make sure that you understand them, before ordering any Artwork from our site. Please contact us if you have any questions about them [email protected].
Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Artwork from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Artwork, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.artabsolutely.com. We are trading as Art Absolutely, our company is registered in the United Kindgom under company number 11098846 and with our registered office at 7 Torriano Mews, LONDON, England, NW5 2RZ.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel and return the Artwork to us. The easiest way to do this is to e-mail us at [email protected] . When emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at [email protected].
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by e-mailing us at [email protected]. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
2. Our Artwork
2.1 The images of the Artwork on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Artwork. Your Artwork may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
3. Use of our site
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase Artwork from our site if you are at least 18 years old.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Artwork.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Artwork has been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with Artwork, for example because that Artwork is not in stock or is no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Artwork, we will refund you the full amount including any delivery costs charged as soon as possible.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Artwork from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the changes in relevant laws and regulatory requirements.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Artwork or just the Artwork you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Artwork you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer and you wish to cancel an order before you have received a Dispatch Confirmation then you should let us know as soon as possible and we will refund any payments you have made in full.
9.2 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep an Artwork, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in below:
Your Contract End of the cancellation period
Your Contract is for a single Artwork. The end date is the end of 14 days after the day on which you receive the Artwork.Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Artwork on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Artworks which are delivered on separate days. The end date is 14 days after the day on which you receive the last of the separate Artworks ordered.Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Artworks on 10 January and the last separate Artwork on 15 January you may cancel in respect of any or all of the separate Artwork at any time between 1 January and the end of the day on 29 January.
9.4 To cancel a Contract, you just need to let us know that you have decided to return the work. You can e-mail us at [email protected]. When you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your return notice by e-mail or by post, then your return 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 as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Artwork. However, please note we are permitted by law to reduce your refund to reflect any damage caused by you to the Artwork.
(b) 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 (provided that this is a common and generally acceptable method);
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Artwork: 14 days after the day on which we receive the Artwork back from you or, if earlier, the day on which you provide us with evidence that you have sent the Artwork back to us. For information about how to return Artwork to us, see clause 9.8;
(ii) if you have not received the Artwork: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Artwork to us under this clause 9 because it is damaged or mis-described, we will refund the price of the Artwork in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Artwork we may refund you in vouchers.
9.8 If Artwork has been delivered to you before you decide to cancel your Contract:
(a) then you must return it 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. You must send it back by recorded delivery to the address we will send you. Please see our Returns page for the returns address, printable returns labels and how to arrange a return;
(b) unless the Artwork is damaged or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Artwork to us.
9.9 Because you are a consumer, we are under a legal duty to supply Artwork that is in conformity with this Contract. As a consumer, you have legal rights in relation to Artwork that is damaged or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.10 For orders with customised framing, Art Absolutely reserves the right to not refund the cost of framing.
10.1 We will contact you with an estimated delivery date, but it is just an estimate and time is not of the essence in the delivery of the Artwork. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.
10.2 Delivery of an Order shall be completed when we deliver the Artwork to the address you gave us and the Artwork will be your responsibility from that time.
10.3 If you are a business, title in the Artwork passes once we have received payment in full, including all applicable delivery charges.
10.4 Unless you decide to cancel you’re the Contract in accordance with these Terms, if you are a consumer, you own the Artwork once we have received payment in full, including all applicable delivery charges, and you have taken delivery.
This clause 10.5 only applies if you are a consumer.
10.5 If we miss a delivery deadline for any Artwork to be delivered then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Artwork;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.7 If you do choose to cancel your Order for late delivery under clause 10.5 or clause 10.6, you can do so for just some of the Artwork or all of them, unless splitting them up would significantly reduce their value. If the Artwork has been delivered to you, you will have to return it to us and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Artwork and its delivery.
11. International delivery
11.1 We can deliver to the countries outside the UK (International Delivery Destinations). However there are restrictions on some Artwork for certain International Delivery Destinations, so please check with us at the time of placing your order.
11.2 If you order Artwork from our site for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.4 You must comply with all applicable laws and regulations of the country for which the Artwork are destined. We will not be liable or responsible if you break any such law.
12. Price of products and delivery charges
12.1 The prices of the Artwork will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Artwork are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of the Artwork you ordered.
12.2 Prices for our Artwork may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of Artwork includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Artwork in full before the change in VAT takes effect.
12.4 The price of Artwork includes delivery charges to the mainland UK. Cost of any additional charges for delivery of your art will be clearly displaced at checkout. Our delivery charges to other places are available on request before you confirm your order. To check relevant delivery charges, please email us at [email protected].
12.5 Our site contains a large number of Artworks. It is always possible that, despite our reasonable efforts, some of the Artwork on our site may be incorrectly priced. If we discover an error in the price of the Artwork you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Artwork at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Artwork to you at the incorrect (lower) price.
13. How to pay
13.1 You can pay for Artwork using PayPal, a debit card or credit card.
13.2 Payment for the Artwork and all applicable delivery charges is in advance.
14. Our warranty for the Artwork
14.1 We warrant that any Artwork we sell is genuinely by the artist shown on the website and each Artwork will come with a certificate of authenticity from the artist. Please note many of our pieces of art are sold under Pseudonyms, we will in any case provide a certificate of authenticity.
14.2 If you are a consumer, this guarantee is in addition to your legal rights in relation to Artwork that is damaged or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15. Our liability if you are a business
This clause 15 only applies if you are a business customer.
15.1 We only supply the Artwork for internal use by your business, and you agree not to use the Artwork for any resale purposes.
15.2 The Artwork may be heavy and/or fragile and we exclude all liability to you that results from your handling or installation of the Artwork in your premises. If you are in any doubt about how to install the Artwork you should seek professional advice.
15.3 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.4 Subject to clause 15.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.5 Subject to clause 15.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% of the price of the Artwork.
15.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Artwork. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Artwork is suitable for your purposes.
16. Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
16.1 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 these 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.
16.2 We only supply the Artwork for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 The Artwork may be heavy and/or fragile and we exclude all liability to you that results from your handling or installation of the Artwork in your premises. If you are in any doubt about how to install the Artwork you should seek professional advice.
16.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Artwork to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Artwork you have already received and we will refund the price you have paid, including any delivery charges.
18. Communications between us
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you are a consumer you may contact us as described in clause 1.2.
18.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. Other important terms
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased Artwork as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of Artwork will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Artwork through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).