Terms and Conditions of Sale

For the sale of artwork

1. These terms
1.1  What these terms cover.
These are the terms and conditions on which we supply products to you.

1.2  Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us
2.1  Who we are.
We are Emma Palmer, a sole trader established in England and Wales. Our address is 6 Highfield Road Worthing, West Sussex, BN13 1PX

2.2  How to contact us.
You can contact us by writing to us at emmapalmerart@gmail.com

2.3  How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4  ”Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you.
3.1  How we will accept your order.

(a) Where shipping costs are advised to you. 
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 

(b) Where shipping costs are not confirmed.
Our acceptance of your order will take place when we email you after we have agreed shipping costs with you, at which point a contract will come into existence between you and us. 

3.2  If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery location or deadline you have specified.

3.3  Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products
4.1  Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a tolerance.

4.2  Product packaging may vary. 

5. Your rights to make changes 
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 – Your rights to end the contract).

6. Intellectual property rights
All intellectual property rights, including without limitation the copyright in the artwork are owned by Emma Palmer.  Under no circumstances does the ownership of any such rights transfer to you.  You agree that no licence in the works is granted to you.  You agree not to reproduce the work in any manner, including without limitation making scanned copies or taking photographic images of the work.

7. Providing the products
7.1  Delivery costs.
We will discuss delivery costs with you before confirming the order. Should the delivery costs not be accepted and paid by you within 14 days of notification, we reserve the right to cancel the order. You are responsible for any duties, taxes and other charges incurred outside of the UK.

7.2  When we will provide the products.
We will ship the products to you as soon as reasonably possible and in any event within 5 working days after the day on which we receive the funds.  Please note that giclee prints are printed to order and can take up to 3 weeks to ship.  Please allow a further 5 days for items to be delivered. 

7.3  We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.5  If you are not at home when the product is delivered.
Where available deliveries will be tracked and signed for.  If no one is available at your address to take delivery please contact the courier to rearrange delivery.

7.6  If you do not re-arrange delivery.
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.

7.8  Your legal rights if we deliver goods late.
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the goods; or

(b) you told us before we accepted your order that delivery within the delivery deadline was essential and we agreed to this in writing.

7.9  Setting a new deadline for delivery.
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.10  Ending the contract for late delivery.
If you do choose to treat the contract as at an end for late delivery under Clause 7.8 or Clause 7.9, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Returns must be securely packed to avoid damage during transit and returned signed and tracked, where available.

7.11  When you become responsible for the goods.
A product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

7.12  When you own goods.
You own goods once we have received payment in full.

7.15  Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 calendar days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.16  We may also suspend supply of the products if you do not pay.
If you do not pay us for the products when you are supposed to (see Clause 12.4) and you still do not make payment within 14 calendar days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. As well as suspending the products we can also charge you interest on your overdue payments

8. Your rights to end the contract
8.1  You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see Clause 11;

(b)  If you want to end the contract because of something we have done or have told you we are going to do,see Clause 8.2;

(c)  If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

8.2  Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 calendar days; or

(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Clause 7.8).

8.3  Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4  How long do I have to change my mind?
14 days after the day you (or someone you nominate) receives the goods.

9. How to end the contract with us (including if you have changed your mind)
9.1  Tell us you want to end the contract.
To end the contract with us, please let us know by emailing us at emmapalmerart@gmail.com within 14 days of receipt.  Please provide your name, home address, details of the order and, where available, your phone number and email address 

9.2  Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 6 Highfield Road Worthing West Sussex, or (if they are not suitable for posting) allow us to collect them from you. Products must be securely packaged to avoid damage in transit.  Please call on 07776154982 or email us at emmapalmerart@gmail.com for a return label or to arrange a collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3  When we will pay the costs of return.
We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4  How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5  Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) 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 shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.7  When your refund will be made.
We will make any refunds due to you as soon as reasonably possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

10. Our rights to end the contract 
10.1  We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

10.2  You must compensate us if you break the contract.
If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract or for any damage to the goods. 

11. If there is a problem with the product
11.1  How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone at 07776154982 or write to us at emmapalmerart@gmail.com

11.2  No exclusion of your legal rights.
Nothing in these terms will affect your legal rights.

11.3  Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us 07776154982 and leave a message or email us at emmapalmerart@gmail.com for a return label or to arrange a collection.

12. Price and payment
12.1  Where to find the price for the product.
The price of the product will be the price indicated on the website. We take all reasonable care to ensure that the price of the product advised to you is correct. 

12.4  When you must pay and how you must pay.
We accept payment on an individual basis. You must pay upon order placement directly to Mrs E I Palmer.

13. Our responsibility for loss or damage suffered by you
13.1  We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987

13.3  When we are liable for damage to your property.
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

13.4  Where you are a business buying a product or service. 
If you are a business rather than a consumer, our liability, whether arising in contract, tort (including negligence), or otherwise, is to the extent permissible by law limited in the aggregate  to the price of your order

13.5  We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.

15. Other important terms
15.1  We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.

15.2  You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3  Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms.  Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4  If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5  Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6  Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.