Full Terms

Please read carefully

We endeavour to deliver your artwork to your door from the artists’ studios with the highest standard of professionalism with a secure payment system and efficient delivery service. Please read our terms and conditions below before placing your order. We do appreciate the time taken to do this before ticking the box that indicates your acceptance of our terms. Our aim is to provide you with a hassle free service which gives you peace of mind each step of the way in the legalities and safeguards of buying online. Any queries along the way, do not hesitate to make contact with Nikki on 01242 254457 or email nikki@artgiftedbygod.co.uk who will resolve any problems on your behalf.

Working days means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.

By clicking the tick box you are in agreement with our terms and conditions and therefore have entered a legally binding agreement with Art Gifted by God.

 

 

1. Definitions
1)      “Buyer” or “you” means the person and/or organisation who purchases Artwork from us.

2)     “Consumer” has the meaning ascribed in S12 of the Unfair Contract Terms Act 1977.

3) “Intellectual Property Rights” means any registered design, copyright, design right, patent, trademark, service mark, any contact or database rights, know-how, confidential information or processes, any application for any of the above, and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.

4) “Mainland UK” includes delivery addresses in England, Scotland, Wales and N Ireland.

5) “Order Confirmation” means the email describing the Artwork which we agree to supply to you.

6) “Artwork” means the pieces of art/artwork/products which you agree to buy from us, as specified in the Order Confirmation.

7) “Standard Delivery” means a method of delivery within Mainland UK, using one of our approved carriers, which is insured to at least the value of the sale price for the Artwork being sent, and for which the carrier obtains a signature upon delivery to show receipt.

8)  “Supplier” or “us” means  Art Gifted by God.

9) “Terms and Conditions” means these Terms and Conditions, but includes our website terms and conditions and will also include any special terms and conditions agreed in writing by us.

10) “Website” or “site” means the website and all content at Art Gifted by God.

11)  “Working days” means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.

 

2. Conditions
1)  These Terms and Conditions apply to the use of the website and sale of Artwork and prevail over any other agreement, documentation or communication whatsoever between us and can only be varied if agreed between us in writing. Any special conditions which apply will be set out in the Order Confirmation.

2) Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.

3) From time to time we may change these Terms and Conditions and it is your responsibility to check the Terms and Conditions which apply at the time of your order. We also advise you to print these terms as soon as you have placed your order.

 

3. The Artwork
1) Details of the Artwork which we will supply to you are contained within the Order Confirmation. Only the Artwork as detailed in the Order Confirmation is included.

2) Any quotes will be valid for a period of 14 days. Any specification, descriptions or Artwork details in any format or any form of advertising material are shown by us to provide some indication of the Artwork and are not part of any agreement unless specifically stated within the Order Confirmation.

3) By using this website and/or placing an order you will be deemed to be aged 18 or over and to have accepted these Terms and Conditions.

4)  An agreement between us, incorporating these Terms and Conditions, will only come into force when we confirm an order to you by the Order Confirmation. Prior to any Order Confirmation, we reserve the right to refuse any order.

5) If we are unable to supply any Artwork then we will, at our sole discretion, either

a) Offer an alternative OR

b) Cancel the order, and you will receive a full refund within 28 days.

6) Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied by operation of law or otherwise, are hereby excluded in relation to the Artwork to be provided by us.

 

4. Price and Payment
1) The price of the Artwork is displayed on the website but can be changed without prior notification. VAT is not payable and so is not included in the prices. The price that you will pay will be confirmed in the Order Confirmation.  Unless otherwise specified in writing, you must pay in advance before Artwork is dispatched.

2) a) The Price includes Standard Delivery. Carrier details can be provided by emailing us at nikki@artgiftedbygod.co.uk

b) An additional charge will be made for anything other than Standard Delivery, according to the address, size and weight of the Artwork. Please email us at nikki@artgoftedbygod.co.uk  for these charges once you have decided which Artwork you would like to purchase.

3) Payment must be made in accordance with the order process on the website which outlines the current methods of payment which we accept. Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method.

4) Where payment or any part payment is overdue (such as if there are problems with the payment method or payment does not clear for any reason or is not made on time), we will immediately cease or suspend the provision of any Artwork until full cleared payment is received by us. We retain the title in Artwork until you have made full and cleared payment.
5. Delivery
1) Standard Delivery is to the address provided by you on the Order Confirmation. There will be an extra charge for other delivery services, and delivery to any address outside Mainland UK. We may dispatch an order for multiple pieces of Artwork individually.

2) Delivery of Artwork will usually be made using a carrier/shipping service which requires a signature on receipt. Your signature, or that of another person on your behalf, confirms receipt of the Artwork but also the state of the parcel received.  When you receive your order it is your responsibility to examine both the parcel (before it is opened) and the Artwork very carefully for any damage . Where a signed for service is used, and a parcel is damaged, please sign for the parcel, ‘Received Damaged’.  If there is any damage whatsoever, or if, for example, a parcel shows signs of damage before it is opened you must email us on the day on which you receive it.

 

3) a) We try to provide you with estimated delivery dates and aim to deliver within 30 days of the date of your order. Delivery times are estimates and not guaranteed. For example, our 48-hour delivery service states that the Artwork will be delivered within 2 business days, but this is not a guaranteed service.

b) If we are unable to deliver within 30 days of the date of your order then we will, at our discretion, either

(i) provide you with a revised delivery date, or

(ii) cancel your order and refund the payment made by you

c) We will use our reasonable endeavours to supply the Artwork, but we are not responsible for any failure to provide or any unavailability

 

4) a) You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork.  Risk in Artwork passes to you upon delivery of the Artwork or, where you fail to take delivery, at the time delivery was attempted.

b) Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.

 

5) International sales

a) If you are exporting or importing any Artwork, you acknowledge that you are solely responsible for compliance with exporting and importing laws and requirements of the countries which the Artwork is being shipped from and to together with payment of any expenses incurred.  Importing and exporting is always entirely at your own expense and risk.

b) In addition to the purchase price of the Artwork, you accept full responsibility for any and all handling charges, shipping costs, insurance, export/import duties, fees, liabilities and tax/duty costs, which may arise or apply to your order and transportation.

c) We will not be responsible for any liability nor duty charged or any fines or impositions as a result of any import, export or attempted import or export.

 

6. Cancellations
1) The Consumer Protection (Distance Selling) Regulations 2000 may apply to some orders. These rights allow consumers who purchase some Products statutory cancellation rights to change their mind and return them. These regulations do not apply to Products purchased by a business.

2) to exercise your statutory cancellation rights in applicable circumstances, you must email to advise us of this at nikki@artgiftedbygod.co.uk  within 14 working days after the day you received the Artwork.

3) If one of us commits a material breach of these Terms and Conditions and either:

a) the breach is not capable of being remedied, or

b) where it is capable of being remedied, the breach has not been remedied within 30 days of written notice of the breach by the party who has not committed the breach, then the party who has not committed the breach may terminate the agreement between us forthwith by written notice to the other party.

 

7. Returns
1) Where there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, then you should contact us within 14 days by emailing us at nikki@artgiftedbygod.co.uk or telephoning 01242 254457 or 07980 332281.
For all other complaints or to exercise statutory cancellation rights (see clause 6) then you should make contact within 14 working days after the day you received the Artwork.

2) Whether the Artwork is faulty or you wish to exercise your statutory cancellation rights in applicable circumstances, when you contact us

a) we will make arrangements for a courier to collect the Artwork from the address the Artwork was delivered to. Collection will usually be Monday – Friday, 8am – 7pm.

b) we ask that you please repackage the Artwork securely to guard against damages, and remove all shipping labels and print the address and shipping label we send to you via email, and attach to the parcel.

3) Once we have received faulty Artwork safely then we will either, at our absolute discretion, arrange a refund or a replacement, together with any reasonable charges you may have paid in returning the Artwork to us if for some reason we have not made arrangements for a courier to collect the Artwork from you.

4) If you are exercising your statutory cancellation rights as in clause 6 above, then we refund the price of the Artwork together with any reasonable charges you may have paid in returning the Artwork to us if for some reason we have not made arrangements for a courier to collect the Artwork from you within 30 days of your cancellation.

5) Unless otherwise provided for, refunds will be processed and paid within 30 days of the date that we notify you that a refund will be made. Refunds are paid by the same method that was used when payment was made.

 

8. Limitation of Liability and Indemnity
1) Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.

2) We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.

3) Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork.

4) You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.

 

9. General Terms

1) Waiver – Nothing in these Terms and Conditions and no express or implied waiver by us in enforcing any of our rights under any agreement shall prejudice our rights to do so in the future.

2) Force Majeure – We will not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we will be entitled to a reasonable extension of our obligations.

3) Notices – Any Notices for us must be sent by email or to the address which appears on the Order Confirmation. Unless the contrary is proved, Notices sent by email will be deemed to be received on the day they were sent. Notices sent by post must be served using Royal Mail Special Delivery or other guarantee services and will be deemed to have been received on the date that Royal Mail obtains a record of receipt from or on behalf of the addressee.

4) Invalidity and severance – Each clause or any part at all of these Terms and Conditions and Agreement is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions and Agreement.
10. Governing Law and Jurisdiction

These Terms and Conditions and our agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

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