Terms and Conditions
  •  Definitions – In these Terms and Conditions of Business, the following words and phrases have the meaning set out opposite each of them below: 
    Customer Registration Form The customer registration form completed by You online or otherwise in the manner accepted by us
    Services The services we offer as described on the Offer for Sale in the case of sales or in the Purchase Confirmation in the case of purchases
    Site The pages included in the domain: [XXX]editions.com
    Terms These Terms and Conditions of Business
    We/Our [XXXX] Editions Limited registered as a private limited company in England and Wales under company number [XXX]
    Work The art work print and any other work specified in our Offer of Sale in the case of sales or specified in our Purchase Confirmation in the case of purchases
    You The seller and/or buyer of the Work and/or Services and/or the user of the Site

     

    1. Our Agreement

     

    • General: the Terms apply to the use of the Site and to our supply and/or purchase of any of the Works and/or Services. By using the Site and/or ordering any of the Works and Services and/or selling any Works you agree to be bound by the Terms. No other terms and conditions will apply to our dealings with you unless we agree specifically in writing.

     

    • You warrant that:

     

    • you are legally capable of entering into binding contracts and that you are at least 18 years old; and
    • the information you provide in the Customer Registration Form is correct and in the case of the description of the Work is correct so far as you are aware.

     

    1. Risk and ownership

     

    • Risk: The Work will be at your risk from the time of delivery to you in the case of sale and at our risk from the time of delivery to us in the case of purchase.

     

    • Ownership: ownership of the Work will pass when the seller has received full payment of the price of the Work.

     

    1. Price and Payment

     

    • Prices for Works and/or Services supplied by us: the price of the Works and/or Services supplied by us will be as quoted on the Site from time to time, except in cases of obvious mistake. Work prices include VAT. Prices and delivery charges are liable to change at any time prior to our sending the Sale Confirmation.

     

    • Pricing errors: we make reasonable endeavours to ensure that Works and Services are correctly priced on the Site. In the event of an error, we will normally, at our discretion, either contact you for instructions before dispatching the Work, or reject your order and notify you of such rejection. We are under no obligation to provide the Work to you at the incorrect (lower) price, even after we have sent you a Purchase Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

     

    1. Sale of Works and Services by us

     

    • Works: the description of the Works which we provide is accurate to the best of our knowledge. In case of signed and limited edition prints, the print will be verified by the official authentication agents known to us. We will supply a certificate of authenticity where available. We do not however warrant the description including but not limited to the identity of the artist or the provenance of the Works. Colours and appearance of images may vary very slightly from the way they appear on screen and print sizes can vary slightly between production batches. If you need to know the precise dimensions of a Work, please contact us. Except in the case of sales to a consumer, all other conditions and warranties as to description, quality and fitness for purpose are hereby excluded.

     

    • We will send you by email or other agreed method the Offer for Sale which will confirm the Work, place of delivery and any other terms specific to the sale of the Work and will be open for acceptance within the time specified in the Offer for Sale or failing such time within 24 hours of the time of our communication. Your acceptance of the Offer for Sale will conclude the contract for the sale of the Work. The price of the Work will be payable as follows:

     

    • if you are the sole potential buyer, the price specified in the Offer for Sale will be payable within 48 hours of the time of communication;
    • if you are one of two or more potential buyers, the Offer for Sale will invite you to communicate to us your best and final price for the Work. If your price is the highest received, we will send to you a Confirmation of Sale Price which will be payable within 24 hours of the time of sending to you the Confirmation of Sale.

     

    • The price of the Work will be payable by bank transfer to the UK bank account specified in the Offer for Sale. Payment for all Works and Services supplied by us must be by CHAPS or Fast Payment electronic bank payment or otherwise if we agree in writing.

     

    • Without prejudice to any other right or remedy which we may have, should you fail to pay the price of or accept delivery of the Work in the time or manner specified in the Offer for Sale, we reserve the right to cancel the sale by immediate notice.

     

    • Services: we will use reasonable skill and care in supplying the Services. Except in the case of supplies to a consumer, all other conditions and warranties as to skill and care and quality of service are hereby excluded.

     

    1. Sale of Works by you

     

    • If you offer to us the sale of a Work, we may choose to carry out an inspection. If we find that any restoration or repair work is necessary prior to a sale of the Work, we will send you a copy of the inspection report and a quote for the cost of such work.
    • WIf we find within a reasonable period after delivery of the Work that it does not conform to your description , we will be entitled to notify you of such circumstance and to cancel the purchase and require repayment of the price against return of the Works.
    • Payment for purchases by us: payment for all Works purchased by us will be by Fast Payment electronic bank payment to your UK bank account specified in the Purchase Confirmation or failing any such account will be made by cheque to your postal address sent at your risk or otherwise as we agree in writing.

     

    1. Right to cancel purchase

     

    • If you are a consumer, you have the right to cancel the:

     

    • purchase of any Works within 14 days, starting the day after the day on which the goods come into your physical possession or of the person to whom you asked us to deliver the goods to;

     

    • purchase of any Services within 14 days, starting the day after the day on which the contract was made.

     

    • The right to cancel must be exercised by sending the cancellation notice to us within the required period by email or by post. The cost of return must be borne by you.

     

    1. Copyright

     

    1. Copyright and all other intellectual property rights in the Site belong to us or to our licensors. You must not reproduce, modify or distribute the images or any part of the images on the Site or the Works themselves in any manner whatsoever except for private or back up record use only. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.

     

    1. Our Liability

     

    • Except as provided in paragraph 7.2, if we fail to comply with the Terms, we shall only be liable to you for the purchase price of the Works and/or Services. Without limiting the previous sentence, we will not be liable for losses that result from our failure to comply with the Terms which fall into the following categories:

     

    • loss of income or revenue;
    • loss of business;
    • loss of profits;
    • loss of anticipated savings;
    • loss of data; or
    • waste of management or office time.

     

    • Nothing in the Terms excludes or limits our liability for:

     

    • death or personal injury caused by our negligence;
    • fraud or fraudulent misrepresentation;
    • any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or by the Consumer Rights Act 2015;
    • defective Works under the Consumer Protection Act 1987; or
    • any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

     

    1. Delivery

     

    • Delivery of Works by us: we will take all reasonable care in selecting the method of delivery of the Works to you. In the event of any loss or damage by a third party, we will use all reasonable endeavours to recover the Works or compensation for damage but we will in no circumstances be liable to you for the loss or damage except where caused by our negligence or default. You undertake to notify us promptly of the discovery of any loss or damage.

     

    • Import Duty: if you order Works from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Works are destined. We will not be liable for any breach by you of any such laws.

     

    1. Written Communications and Notices

     

    • Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

     

    • Notices: all notices given by you to us must be given to us at the email/postal address specified on the Site or if different on the Sale Confirmation or Purchase Confirmation as the case may be. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when [posted on the Site,] 24 hours after an email is sent, or three days after the date of posting of any letter. 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.

     

    1. Events outside our control

     

    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract which is caused by events outside our reasonable control (Force Majeure Event).

     

    • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; 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; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and acts, decrees, legislation, regulations or restrictions of any government.
      • Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

     

    1. Waiver

     

    • If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.

     

    • No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with ‘Notices’ in paragraph 9 above.

     

    1. Entire Agreement

     

    • We intend to rely upon the Terms and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from the Terms to be confirmed in writing.
    • Changes to the contract: we reserve the right to revise and amend the Terms from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Works and Services from us, unless any change to those policies or the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or the Terms before we send you the Sale Confirmation or Purchase Confirmation.

     

    1. Misuse of the Site

    We reserve the right to suspend or terminate any user’s or open orders which are, or appear to us in our absolute discretion, to be, in breach of any of the provisions of the Terms.

     

    1. Applicable Law

    The contract between us and the use of the Site will be governed by English law. You and we submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising out of such contract or use.

    Definitions