Terms & Conditions
These terms and conditions shall govern the sale and purchase of products through our website. You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
1. Copyright
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1.1 All rights reserved by that artist (Emily Hutton).
2. Order process
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2.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
2.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 2.
2.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3. Prices
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3.1 Our prices are quoted on our website.
3.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
3.3 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
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3.4 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
4. Payments
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4.1 You must, during the checkout process, pay the prices of the products you order.
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4.2 Payments may be made by any of the permitted methods specified on our website.
4.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
4.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a). an amount equal to the amount of the charge-back;
(b). all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c). an administration fee of GBP 25.00 including VAT; and
(d). all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 4.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 4.4.
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5. Deliveries
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5.1 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
5.2 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 14 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
5.3 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 21 days following the later of receipt of payment and the date of the order confirmation.
6. Distance contracts: cancellation right
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6.1 You may cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a). beginning upon the submission of your offer; and
(b). ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).
6.2 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 6, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
6.3 If you cancel a contract on the basis described in this Section 6, you must send the products back to us (to the address provided on your returns email) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 6 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
6.4 If you cancel an order in accordance with this Section 6, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a). if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b). as otherwise provided in this Section 6.
6.5 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
6.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
6.7 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 6 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
6.8 You will not have any right to cancel a contract as described in this Section 6 insofar as the contract relates to:
(a). the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised; or
(b). the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
7. Order cancellation
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7.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a). you fail to pay, on time and in full, any amount due to us under that contract; or
(b). you commit any breach of that contract.
7.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.
7.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
8. Variation
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8.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
8.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
9. Assignment
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9.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
9.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
10. Severability
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10.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
10.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
11. Entire agreement
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11.1 these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
12. Law and jurisdiction
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12.1 These terms and conditions shall be governed by and construed in accordance with English law.
12.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
13. Statutory and regulatory disclosures
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13.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
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Thank you, we may update our Terms and Conditions from time to time to ensure the legal requirements are in action.
Emily Hutton Fine Art