Alison Adcock Abstract Art Terms and Conditions of Sale
The customer's attention is drawn in particular to the provisions of clause 10.
1. Introduction
1.1 These Conditions constitute an important document and therefore you should retain this for future reference. These Conditions and each order confirmation form a contract between you and Alison Adcock.
1.2 Alison Adcock is an artist based in Felixstowe, Suffolk, supplying abstract paintings, prints and commission artwork pieces.
1.3 We use any personal data you provide us with in accordance with our Privacy Policy [https://www.alisonadcock.com/privacy]
2. Interpretation
Definitions:
Business Day:
a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Commission Work:
instructions for a bespoke piece of artwork as determined by the Customer.
Conditions:
the terms and conditions set out in this document as amended from time to time in accordance with clause 13.2.
Courier
the delivery service provider selected by the Supplier to deliver the Goods to the Customer’s Delivery Location.
Customer:
the person or business who purchases the Goods from the Supplier.
Delivery Location:
has the meaning given in clause 5.1.
Force Majeure Event:
an event, circumstance or cause beyond a party's reasonable control.
Goods:
save in relation to any approved Commission Work, the goods (or any part of them) set out in the Order.
Order:
the Customer's order for the Goods provided in the form of email, direct social media message or telephone communication.
Specification:
any specification for the Goods instructed by the Customer in which the Supplier has agreed to produce.
Supplier:
Alison Adcock with the trading address of 25 Bath Road, Felixstowe, Suffolk, IP11 7JN.
3. Basis of contract
3.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with and subject to these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.
3.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence PROVIDED ALWAYS that no contract shall be formed when the Order for Commission Work is given. The Supplier shall agree to provide the Commission Work for the approval of the Customer whereupon once the Customer has approved the completed Commission Work and paid the quoted price, at which point the contract shall come into existence.
3.4 The true colour of the Goods may not exactly match that shown on your device or in our marketing. Due to the nature of artwork any samples, drawings, descriptive matter, painting/frame measurements or advertising produced by the Supplier are for the sole purpose of giving an approximate idea of the Goods referred to in them (reasonable efforts shall be taken by the Supplier to ensure accuracy of description and measurements of the Goods). Furthermore, the Supplier may use third-party software to provide an illustration of the Goods within a hypothetical home environment for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.
3.5 A quotation for the commission Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue.
4. Goods
4.1 The Goods are described on the Supplier's website or as described within the Specification.
4.2 For the avoidance of doubt Goods describes artwork pieces only and do not include any furniture or soft furnishings included within display images.
5. Delivery
5.1 Unless the Customer and the Supplier otherwise agree, the Supplier shall use a Courier to deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Contract has been formed.
5.2 Delivery is completed on the arrival of the Goods at the Delivery Location.
5.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5.4 If the Supplier fails to deliver the Goods, its liability shall be limited to the original purchase price.
5.5 If the Customer fails to accept delivery of the Goods or fails to collect the Goods from the Courier’s depot within the time specified by the Courier (Collection Deadline), then, except where such failure or delay is caused by a Force Majeure Event or the Supplier's failure to comply with its obligations under the Contract in respect of the Goods, the delivery of the Goods shall be deemed to have been completed at 9.00 am on the following day after the Collection Deadline.
5.6 If the Courier returns the Goods to the Supplier and the Customer had not accepted the delivery of Goods or met the Collection Deadline date, the Supplier may resell or otherwise dispose of part or all of the Goods.
6. Quality
6.1 The Supplier warrants that on delivery the Goods shall:
6.1.1 conform in all material respects with their description and any applicable Specification; and
6.1.2 be free from material defects in design, material and workmanship.
6.2 Subject to clause 6.3, if:
6.2.1 the Customer gives notice in writing to the Supplier within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 6.1;
6.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and
6.2.3 the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Supplier's cost,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
6.3 The Supplier shall not be liable for the Goods' failure to comply with the warranty set out in clause 6.1 if:
6.3.1 the Customer makes any further use of such Goods after giving notice in accordance with clause 6.2;
6.3.2 the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
6.3.3 the Customer alters or repairs such Goods without the written consent of the Supplier; or
6.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage.
6.4 Except as provided in this clause 6, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 6.1.
6.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
6.6 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
7. Title and risk
7.1 The risk in the Goods shall pass to the Customer on completion of delivery.
7.2 Title to the Goods shall pass to the Customer on completion of delivery and the Supplier receives payment in full (in cash or cleared funds) for the Goods.
8. Price and payment
8.1 The price of the Goods shall be the price set out in the Order.
8.2 The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
8.2.1 any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
8.2.2 any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
8.3 The price of the Goods:
8.3.1 where the Delivery Location is within the United Kingdom the costs and charges of packaging, insurance and transport of the Goods is inclusive in the price of the Goods.
8.3.2 where the Delivery Location is outside of the United Kingdom the costs and charges of packaging, insurance and transport of the Goods shall be invoiced to the Customer.
8.4 Save in relation for any Commission Work, the Customer shall pay for the Goods at the time of the Order.
9. Right to refund
9.1 Where the customer is a consumer the following applies:
9.1.1 For Goods bought online, by mail order, over the telephone or on your doorstep, you have a legal right (subject to clause 9.2) to change your mind within 14 days from the delivery date and receive a refund. Please note any return costs will be payable by the Customer.
9.1.2 To return Goods please notify us of the return and send the Goods back to us within 14 days of the delivery date, using an established delivery service. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you do not do this and we do not receive the Goods at all or within a reasonable time we will not issue a refund to you.
9.1.3 We aim to process any return to you within 14 days of receiving the Goods back from you. Any refund will be issued by the method you used for payment.
9.2 This legal right does not apply to Goods that are made to your Specifications or are clearly personalised.
10. Limitation of liability
10.1 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
10.2.1 death or personal injury caused by negligence;
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
10.2.4 defective products under the Consumer Protection Act 1987.
10.3 Subject to clause 10.2, the Supplier's total liability to the Customer shall not exceed the original Order value.
10.4 Subject to clause 10.2, the following types of loss are wholly excluded:
10.4.1 loss of profits;
10.4.2 loss of sales or business;
10.4.3 loss of agreements or contracts;
10.4.4 loss of anticipated savings;
10.4.5 loss of use or corruption of software, data or information;
10.4.6 loss of or damage to goodwill; and
10.4.7 indirect or consequential loss.
10.5 This clause 10 shall survive termination of the Contract.
11. Termination
11.1 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract or the Customer fails to provide the Supplier (within a reasonable period of time) with information, cooperation or access that we need to provide the Goods.
11.2 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
12. Force majeure
Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from a Force Majeure Event. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 1 month, the party not affected may terminate the Contract by giving 7 days' written notice to the affected party.
13. General
13.1 Entire agreement.
13.1.1 The Contract constitutes the entire agreement between the parties.
13.1.2 Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
13.2 Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
13.3 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
13.4 Notices.
13.4.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be sent by email to the following addresses (or an address substituted in writing by the party to be served):
Supplier: alisonadcockart@gmail.com
Customer: as stated on the Order.
13.4.2 Any notice shall be deemed to have been received at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.
13.4.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
13.5 Third party rights.
13.5.1 The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
13.5.2 The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
13.6 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
13.7 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.