TERMS & CONDITIONS
1. WHO ARE WE?
This website is operated by Karen Rodwell Art also known as Karen.Rodwell.Art and Studio 8B, and are trading names of Karen Rodwell (the “Artist”) as a creator and seller of artwork. Throughout this site, the terms “we”, “us” and “our” refer to the Artist. These Terms & Conditions apply to the sale of artwork (the “Artwork”) by the Artist to you (the “Buyer”). Throughout this site, the terms “you” and “your” refer to the Buyer. Where applicable these Terms & Conditions also apply to the sale of framing services or other services in connection to the Artwork.
2. APPLICATION AND TERRITORIAL SPACE
By entering into a contract with the Artist you are accepting these Terms & Conditions to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. If you are a consumer, nothing in these Terms and Conditions will affect your legal rights. Any samples, drawings, descriptive matter or advertising issued by the Artist and any descriptions or illustrations contained in the Artist’s website, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the products described in them. They shall not form part of the contract between you and the Artist or have any contractual force. An order by you constitutes an offer to purchase Artwork in accordance with these Terms & Conditions. An order shall only be deemed to be accepted when the Artist issues written acceptance of the order or takes payment at which point a legally binding contract upon these Terms & Conditions shall come into existence. Any quotation given by the Artist shall not constitute an offer, may be revoked at any time, and in any event shall only be valid for a period of 30 days from its date of issue (unless otherwise specified in the quotation).
3. GOVERNING LAW & JURISDICTION
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These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the English courts.
4. SEVERABILITY AND WAIVER
If any provision or part-provision of these Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of these Terms & Conditions. A waiver is only effective if it is in writing.
5. PRICES
Our price lists, quotations, order confirmations and invoices are on the basis “errors and omissions excluded” (E&OE). Except for deliveries to buyers in the United Kingdom our prices exclude carriage and insurance on carriage. Other charges, including, but not limited to, customs duties, local taxes and fees are the responsibility of the Buyer
6. TITLE & RISK
As soon as the purchase price is paid in full, and the Artwork delivered, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you. If an Artwork has been loaned to you then you are responsible for the Artwork and the risk of damage to or loss of the Artwork.
7. OWNERSHIP OF THE ARTWORK COPYRIGHT
Copyright in the Artwork remains the property of the Artist.
You may not produce any image of the Artwork for commercial purposes and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website for commercial purpose without the express written permission of the Artist.
If you breach any of your obligations under section 7 you agree that: (a) the payment of damages will not be a sufficient remedy to compensate the Artist for your breach; (b) we may apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and (c) we may, contact the operator of any internet website on which the Artwork is being offered for sale or on which an image of the Artwork has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website.
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8. LIABILITY OF THE ARTIST
We make no representation or warranty of any kind whatsoever, express or implied, in connection with the Artwork. The Artist and her employees, representatives or agents exclude all liability (whether in contact, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with the Artwork.
9. RIGHTS OF THIRD PARTIES
No person other than you and the Artist have any rights under these Terms and Conditions other than in section 8 above which confers a benefit on the Artist and is intended to be enforceable by the Artist.
10. PAYMENTS
Unless otherwise agreed, we will arrange delivery, or you may collect your order after receipt of cleared funds. We accept payment in Pound Sterling only, either by cheque, bank transfer or by debit/credit card.
11. PRIVACY POLICY
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The Artist will not disclose client information to any other individual or organisation unless required to do so by law, or unless it is necessary to do so to obtain or validate payment of our invoices to you or to perform our contract of supply with you and the Artist, or unless it is covered by a confidentiality agreement. If you want us to remove your information from our files, please contact us and we will do so insofar as the law permits.
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12. DELIVERY POLICY
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The aim is to ship all Artwork within one week of the order being placed and the Artwork paid for in fully cleared funds. Costs for deliveries within the United Kingdom are included in the purchase price. For deliveries outside of the United Kingdom the delivery cost will be borne by the buyer subject to a separate agreement of the charge.
13. RETURNS
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We operate in line with the UK Distance Selling Regulations. If you are not completely satisfied with your purchased Artwork, you must advise us at once and arrange its return to us within 14 days of taking delivery. All return shipments must be arranged, insured and paid for by the Buyer and shipped in their original condition and packaging (including with all accompanying paperwork and certificates supplied with the Artwork) by a reputable courier company. All refunds will be processed within 14 days of return receipt, remitted in GB Pounds and, where applicable, subject to the exchange rate at the time of processing.
If the Artwork is damaged on receipt by you, it can be return to us for a full refund, including shipping costs, subject to the receipt by us of satisfactory photographic and other evidence.
14. CONTACT INFORMATION
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Any notices or questions concerning this agreement, or any other matter should be sent to:
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