TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS

Your attention is particularly drawn to the Limitations of Liability set out in clause 10.

1.       1. Interpretation

1.    1.1 The definitions in this clause apply in the terms and conditions set out in this document:

“Force Majeure Event”

shall have the meaning given in clause 11.

“Goods”

the products that we are selling to you.

“Order”

your selection of the Goods from stock or display on our website.

“Terms”

the terms and conditions set out in this document.

“We, Us”

robertjepsonart.com –  physical address 1 April Cottage, Corony Bridge , Ramsey, Isle of Man, IM7 1EY

“Writing”

or written includes faxes and e-mail.

“You”

the person, persons or body corporate which is buying Goods from us.

2.    1.2 Headings do not affect the interpretation of these terms.

2.       2. Basis of Sale

          2.1 These Terms, the Order and our price list are considered by us to set out the whole agreement between you and us for the sale of the Goods and supersede and extinguish all previous agreements, promises, assurances, representations and understandings between us. Please check that the details in the Terms or on the Order (where applicable) are complete and accurate before you commit yourself to the agreement. If you think that there is an omission or a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing. When you are ordering Goods from us, please ensure that you read and understand these Terms before you submit your Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.  

         2.2 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

         2.3 The Order is an offer by you to enter into a binding agreement, which we are free to accept or decline at our absolute discretion.

         2.4 These Terms shall become binding on you and on us when:

               2.4.1 we issue you with a Sales Invoice; or

               2.4.2  we notify you that the Goods are ready, whichever is the earlier, at which point a contract shall come into existence between us. Title to the artwork passes to you when the artwork has been fully paid for and you have been notified that your artwork is available for collection from us or for delivery to you.

               2.4.3 Please quote the Sales Invoice number (where applicable) in all subsequent correspondence with us relating to the Order.

         2.5 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

3.       3. The Goods

           3.1 We warrant that on delivery and for a period of 7 days from the date of delivery or the date upon which we notify you that the Goods are ready for collection, as the case may be, the Goods shall:

               3.1.1 conform in all material respects with their description subject to any qualification or representation contained in the brochures, advertisements or other documentation;

               3.1.2 be of satisfactory quality;

               3.1.4 be free from material defects in design, material and workmanship; and

               3.1.5 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

       3.2 This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.

       3.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.

      3.4 We will take all reasonable steps to pack the Goods properly and to ensure that you receive your Order in good condition.

      3.5 These Terms apply to any repaired or replacement Goods we may supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.

4.       4. Delivery

          4.1 You may collect the Goods from us or we will arrange delivery of the Goods to you.

          4.2 Delivery of the Order will be completed when either we or our delivery agents deliver the Goods to you or we make the Goods available for collection by you.

          4.3 We will take reasonable steps to meet any estimated delivery or collection date specified in the Order or otherwise agreed by us in writing. However, occasionally this date may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new estimated date with you.

         

5.        5. Returns and refunds

               5.1  Generally, refunds are only made for items lost in transit or which arrive in a damaged condition (this does not affect your consumer rights as laid down in Clause 6)

               5.1.1  For damaged items we require photographic evidence at the earliest opportunity whereupon we will issue a full refund or offer the opportunity to return the item if repair is possible.

5.1.2 All goods are dispatched fully tracked, and insured in accordance with their value. In the event of non-delivery, after enquiries with the relevant shipping company, then a refund will be issued

               5.1.3 Please note that no claims will be accepted in respect of any changes in colouring of artworks which have occurred through natural processes.

6.       6. Cancellation

           6.1 If you are contracting as a consumer and your Order is not taken in person at our business premises, you may cancel your contract to purchase the Goods at any time within 14 days, beginning on the day after you receive the Goods. This right of cancellation does not, however, apply in the case of bespoke Goods made or commissioned to your specific order. To cancel a Contract, you just need to let us know that you have decided to cancel. You can contact us at robertjepsonart@gmail.com or by post to 1 April Cottage, Corony Bridge, Ramsey, Isle of Man, IM7 1EY. Please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

          6.2 If you cancel your Contract we will:

                   6.2.1 refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a retail outlet;

                  6.2.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and

                 6.2.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

                 6.2.3.1 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us.

                 6.2.3.2 if you have not received the Goods or you have received them and we have offered to collect them from you: 14 days after you inform us of your decision to cancel the Contract.

       6.3 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

       6.4 If Goods have been delivered to you before you decide to cancel your Contract:

                 6.4.1 then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send them back, or return them to us in person. If we have offered to collect the Goods from you, we will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection.

                 6.4.2   unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.

      6.5 Apart from the special circumstances described above, you may only cancel your order with our agreement.

     6.6 Advice about your legal right to cancel the contract is available from your local Citizen’s Advice Bureau or Trading Standards Office.

7.       7. Title and Risk

        7.1 The Goods will be your responsibility from the time of delivery or from when you are notified that the artwork is available for collection, and the artwork is fully paid for.

        7.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges, or upon delivery being completed whichever is the later.

8.       8. Miscellaneous charges

We are not responsible for the collection, remittance and/or payment of any taxes, charges, levies, assessments or other fees of any kind imposed by any governmental or other authority in respect of the purchase, importation, sale or distribution of the Goods and these are and will remain your responsibility.

9.       9. Original Works

Where we have commissioned and/or sold to you an original work of art then, no rights to exploit any intellectual property rights, whether by copying such work or licensing such work for reproduction or publishing such work in any format, including, but not limited to, sculpture, limited edition print, illustration or other form of artwork or advertising, is granted to you, nor should any such grant be implied or inferred. All such rights are expressly reserved to us and we do not guarantee that any such rights either will or will not be exercised.

10.    10. Events Outside Our Control

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

         10.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

              10.2.1 strikes, lock-outs or other industrial action; or

              10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

              10.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or

              10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

              10.2.5 impossibility of the use of public or private telecommunications networks.

       11.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.