- THESE TERMS AND CONDITIONS
1.1 What these terms cover. In these terms, “we”, “us” or “our” refers to the artist identified on our specific artist page on the online art marketplace website at https://www.bobclaytor.com/(the site), and we are the supplier of the artworks listed on that page only (ADT Shop). These are the terms and conditions on which we supply the Artworks to you.
1.2 Why you should read these terms. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Artworks to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are the artist identified on our specific artist page on the site, and we are the supplier of the Artwork listed on that page.
2.3 How to contact us if you are a consumer. You can get in touch with us either:
(a) by contacting Bob Claytor who will deal with the matter on our behalf, using the contact details shown on the site email@example.com; or
(b) alternatively, if you wish to contact us direct, please use the contact details shown on our specific artist page on the site.
2.4 How to contact us if you are a business. Please contact us via Bob Claytor using the contact details shown on the site firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these terms, then:
(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 email;
(b) a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office (where relevant) or the address set out in our contact details on our specific artist page on the site; 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 email, 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 email, that such email was sent to the specified email address of the addressee.
(d) the provisions of this clause 2.4 shall not apply to the service of any proceedings or other documents in any legal action.
2.5 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.6 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1 How to place your order. The shopping pages on the site will guide you through the steps you need to take to place an order with us. The 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.
3.2 How we will acknowledge your order. After you place an order, you will receive an email acknowledging that your order has been received (Order receipt email). 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 3.3 below.
3.3 How we will accept your order. Our acceptance of your order will take place when we email you to confirm that the Artwork is available (Order Confirmation email) at which point a contract will come into existence between you and us.
3.4 If we cannot accept your order. If we are unable to supply you with an Artwork (for example because that Artwork is no longer available, because we cannot meet your requested delivery date, or because of an error in the price on the site as referred to in clause 11.3 below), we will inform you of this by email and will not charge you for the Artwork if you have not already paid for it. If you have already paid for the Artwork, we will refund you the full amount you paid, including any delivery costs, as soon as possible.
3.5 Our minimum age requirement. If you are a consumer, you may only purchase an Artwork via the site if you are at least 18 years old.
3.6 Special requirements for businesses (this clause does not apply to you if you are a consumer). If you are a business, the following additional terms apply to you:
(a) you confirm that you have authority to bind any business on whose behalf you use the site to purchase an Artwork;
(b) 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 their subject matter;
(c) you acknowledge that in entering into the 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;
(d) 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 the contract.
- OUR ARTWORKS
4.0 Artworks may vary slightly from their pictures. The images of the Artworks shown on the 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 reflects the colour of the Artwork. Your Artwork may vary slightly from those images.
- OUR RIGHTS TO MAKE CHANGES
5.1 When we may make changes to these terms. Every time you order an Artwork from us, the terms in force at the time of your order will apply to the contract between you and us. However, we may revise these terms as they apply to your order from time to time, to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements;
(b) changes in how payment is accepted; and
(c) changes in our return and refund policy.
5.2 What happens if we change these terms. If we have to change these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes, and we will 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(s), or just the Artwork(s) you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Artwork(s) you have already received, and we will arrange a full refund of the price you have paid, including any delivery charges.
- DELIVERING THE ARTWORK TO YOU
6.1 Delivery Costs. Bob Claytor provides a flat rate delivery service, with costs established at checkout, worldwide.
6.2 When we will deliver the Artwork. We will provide you with the tracking details in the Order Shipping Information email, which will be within 30 days after the date of the Order Confirmation email (the date on which we email you to confirm our acceptance of your order). Delivery usually takes place within one week of the Order Confirmation, although this cannot be guaranteed.
6.3 We are not responsible for delays outside our control. If our supply of the Artwork is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (which in this context means a delay which continues for more than 30 days), you may contact us to end the contract and receive a refund for any Artwork you have paid for but not received.
6.4 Your legal rights if you are a consumer and we deliver late (this clause does not apply to you if you are a business). If you are a consumer, you have legal rights if we deliver an Artwork late. If we miss the delivery deadline for any Artwork, then you may treat the contract as at an end immediately 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.
6.5 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end immediately, or do not have the right to do so under clause 6.4 above, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.6 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.4 or clause 6.5, you can cancel your order for any of the Artworks or reject Artworks that have been delivered. If you wish, you can reject or cancel the order for some of those Artworks (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Artworks and their delivery. If the Artworks have already been delivered to you, you must either return them to us or allow us to collect them, and we will pay the costs of this.
6.7 When you become responsible for the Artwork. The Artwork will be your responsibility from the time we deliver it to the address you gave us.
6.8 When you own the Artwork. You own the Artwork once we have received payment in full, including all applicable delivery charges.
- INTERNATIONAL DELIVERY
7.1 We deliver Artworks with a professional carrier.
7.2 If you wish us to deliver Artworks outside the UK you will be charged at a flat rate established at checkout.
7.3 If you order Artworks from the site for delivery to one of the 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.
7.4 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.
7.5 You must comply with all applicable laws and regulations of the country for which the Artworks are destined. It is your responsibility to satisfy yourself that the Artwork can lawfully be imported (for example, the laws of some countries may restrict what types of artwork can be lawfully imported). We will not be liable or responsible if you break any laws or regulations
- YOUR RIGHTS TO END THE CONTRACT IF YOU ARE A CONSUMER
This clause 8 does not apply to you if you are a business.
8.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the Artwork you have bought, how we are performing, and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the Artwork repaired or replaced or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the Artwork, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Artworks.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any Artworks which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to these terms which you do not agree to (see clause 5.1);
(b) we have told you about an error in the price or description of the Artwork you have ordered and you do not wish to proceed (see clause 11.3);
(c) there is a risk that supply of the Artwork may be significantly delayed because of events outside our control (see clause 6.3); or
(d) you have a legal right to end the contract because of something we have done wrong (for example because we have delivered late (see clause 6.4).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most items bought online you have a legal right to change your mind within a specified period and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of any Artwork made to your specific requirements, or which was specially commissioned by you, personalised, or is otherwise bespoke.
8.5 How long do I have to change my mind? How long you have, depends on what you have ordered and how it is delivered.
(a) You have 30 days after the day you receive the Artwork, unless:
(i) Your Artwork is split into several deliveries over different days. In this case you have until 30 days after the day you receive the last delivery to change your mind about the Artwork.
(ii) Your Artworks are for regular delivery over a set period. In this case you have until 30 days after the day you receive the first delivery of the Artworks.
- HOW TO END THE CONTRACT WITH US IF YOU ARE A CONSUMER (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
This clause 9 does not apply to you if you are a business.
9.1 Tell us you want to end the contract. Bob Claytor will deal with cancellations directly and facilitate the ending of the contract.
You can get in touch by phone or email using any of the contact details for Bob Claytor shown on the site email@example.com. Please provide your name, home address, details of your order and, where available, your phone number and email address.
9.2 Returning the Artwork after ending the contract. If you end the contract for any reason after the Artwork has been dispatched to you or you have received it already, you must return it to us. You can either send it back to us or hand it to our authorised carrier. If you are exercising your right to change your mind, you must send off the Artwork within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the Artwork is faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances, (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How you will be refunded. Bob Claytor will refund you the price you paid for the Artwork, by the method you used for payment via the site. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds. If you are exercising your right to change your mind:
We may reduce your refund of the price to reflect any reduction in the value of the Artwork, if this has been caused by your handling it in a way that would not be permitted in a gallery. If you receive a refund of the price paid before we are able to inspect the Artwork and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount.
9.6 When your refund will be made. Bob Claytor will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If we have not offered to collect the Artwork from you, your refund will be made within 14 days from 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 an Artwork to us, please see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us of your decision to end the contract.
- IF THERE IS A PROBLEM WITH THE ARTWORK
10.1 How to tell us about problems. If you have any questions or complaints about the Artwork, please contact Bob Claytor who will deal with the matter, using the contact details shown on the site firstname.lastname@example.org.
10.2 Summary of your legal rights as a consumer (this clause 10.2 does not apply to you if you are a business). We are under a legal duty to supply Artworks that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the Artwork. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights – consumers only
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website at www.adviceguide.org.uk, or call them on 03454 04 05 06.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Artwork your legal rights entitle you to the following:
· up to 30 days: if your item is faulty, then you can get a refund.
· up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
10.3 Your obligation to return rejected Artwork. If you wish to exercise your legal rights to reject an Artwork, you must either send it back to us or allow us to collect it from you. We will pay the costs of postage or collection. Please contact Bob Claytor using the contact details shown on the site email@example.com and they will make the necessary arrangements.
- PRICE AND PAYMENT
11.1 Where to find the price of the Artwork. The price of the Artwork (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Artwork advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the Artwork you order.
11.2 Taxes other than VAT. The price of the Artwork does not include import duties, taxes that are applied when the delivery reaches its destination, or any other taxes or duties.
11.3 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the Artworks we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Artwork’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Artwork’s correct price at your order date is higher than the price stated on the site, we will contact you for your instructions before we accept your order. If we are unable to contact you at this stage using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11.4 When and how you must pay. You can only pay for an Artwork via the site using PayPal, via your merchant services facility, by check or by bank transfer. Payment for the Artwork and all applicable delivery charges is in advance.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
This clause 12 only applies to you if you are a consumer.
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We are not liable for business losses. We only supply the Artworks for domestic and private use. If you use them for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- OUR LIABILITY IF YOU ARE A BUSINESS
This clause 13 only applies to you if you are a business customer.
13.1 We only supply the Artwork for internal use by your business, and you agree not to use the Artwork for any resale purposes.
13.2 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.
13.3 Subject to clause 13.2, 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.
13.4 Subject to clause 13.2, 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 100% of the price of the Artworks.
13.5 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.
- HOW YOUR PERSONAL INFORMATION MAY BE USED
(a) for the purposes of supplying the Artwork to you (which will include Bob Claytor transferring your relevant information (such as your name, address, order details, etc.) to us, so that we can process and fulfil your order);
(b) to enable Bob Claytor to process your payment for the Artwork; and
- OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it, and we will arrange for Bob Claytor to refund to you any payments you have made in advance for any Artworks not provided.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law, and you can bring legal proceedings in respect of the Artwork in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Artwork in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Artwork in either the Northern Irish or the English courts.
15.7 Which laws apply to this contract and where you may bring legal proceedings 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. 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).