Terms and Conditions
Terms and Conditions
Terms and Conditions for the Use of this Site (Scroll Down)
Please read these terms and conditions carefully. They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
These terms and conditions regulate the business relationship between you and us. You shall be responsible for reading and understanding these Terms & Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
CHARLFRED FINE ART
21 Highbury Park, Exmouth, East Devon, EX8 3EJ, United Kingdom
Vat Registration Number: GB 929662385
In this Agreement:
"Us/Our/We" means Charlfred Fine Art
"Buyer" means the individual or organisation that buys or agrees to buy the Goods from the Seller.
"Carrier" means any person or business contracted by us or our artists to carry Goods from us to you, whether all or part of the distance.
"Our Web Site" or "website" means the entire computing hardware and software installation that is or supports Our Web Site.
"Goods" means any of the Goods we offer for sale on our Web Site.
"Content" means information in any form published on Our Web Site by us or any third party with our consent.
2.1 Please read these terms and conditions carefully before using the website operated by Charlfred Fine Art (‘Charlfred Fine Art,' ‘our', ‘we' or ‘us'). By completing the 'Checkout' process you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
2.2 If you do not wish to be bound by these terms and conditions then you may not use our website.
3. Nature of our website
3.1 Our website is a place for you to view, select and order fine art, together with, where applicable, mounts, frames, glass and gift wrapping (the ‘Goods'). Our website describes the Goods in more detail.
3.2 Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over eighteen (18) years to purchase the Goods, using the payment method displayed on our website.
4. Buying Products on our website
4.1 To order Goods you will need to follow the ordering procedures set out on our order page. Details of our prices for the Goods and the procedures for payment and delivery are displayed on our website.
4.2 We may change terms and conditions from time to time. The Terms that apply to you are those posted on our Website Site on the day you order goods.
4.3 These terms and conditions apply so far as the context allows, to you as a visitor to Our Website; and in any event to you as a buyer or prospective buyer of our Goods.
4.4 Goods advertised may not be available.
4.5 All descriptions, weights and sizes of Goods are those of the original artist and you may not reply on their accuracy. Accordingly, any such description shall not form part of this Agreement.
4.6 Any times or dates stated on Our Web Site for delivery are estimates only. We do not accept liability for any failure to deliver within that time.
4.7 You must pay us the full price of your order at the time of order, before we will send any part of it.
4.8 The price of any Goods is the price in force at the date and time of your order. We may change the price of any Goods before you place an order. We will inform you if the Goods correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the goods at the correct price.
4.9 The prices are exclusive of delivery costs (unless specifically indicated on the site) and inclusive of applicable taxes, but not of any customs or import duties which may be payable by you.
4.10 Goods prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
4.11 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
4.12 Any details given by us relating to exchange rates are approximate only and vary from time to time.
4.13 Charlfred Fine Art is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation') to the email address you have given us on ordering. That is when our contract is made. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within thirty (30) days.
4.14 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on Our Web Site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
4.15 Your contract is with us, not with our artists. You may not under any circumstances correspond with or communicate with our artists regarding sales of Goods, returns, commissions or refunds.
5. Specification of Goods
5.1 A Certificate of Authenticity is supplied with every Limited Edition print and any sculpture that is not signed by the artist and is a one-off piece or Limited Edition.
5.2 Dimensions are given as an approximate guide only. Other dimensions, such as external mount or frame size, are available on request.
5.3 Every care is taken to describe and illustrate the products and services accurately. Colours are shown within the limitations of the printing process/ individual monitor settings and actual colours may vary.
5.4 We reserve the right to alter the design specification or price of any item listed or illustrated in the price list, brochure, website or publicity material without prior permission.
5.5 We will inform you if there is a variation to goods, such as to mount and/or frame moulding depicted in the catalogue or on the website.
6. Gift wrapping service
6.1 This service is available for artwork by the artist Jacqueline A. Gaylard only.
6.2 Charges apply and are subject to change.
6.3 Gift wrapping service can be added to print only, mounted or framed prints, and originals paintings by the artist Jacqueline Gaylard. Please note that framed glazed prints by artist Jacqueline Gaylard cannot be despatched to outside the UK (see clause 7.13).
6.4 Artwork is wrapped in gift wrapping paper with a supplied blank gift tag, decorated with ribbon & bow. Gift tag can be personalized by providing us with your message (complete appropriate section of the order form, or in the 'Cart') and we will include this message on the gift tag.
6.5 Gift-wrapped orders can be sent to another address, providing a signature can be obtained on delivery.
7.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
7.2 We may deliver the Goods in instalments if the Goods are not available at the same time for delivery.
7.3 We and our content suppliers will endeavour to deliver your order within fourteen (14) working days to a UK address. An additional five (5) working days should be allowed for European deliveries, and for USA/Canada and Rest of the World we specify timings on a case by case basis. Working days are Monday - Friday, not including Saturdays, Sundays and Bank or Public Holidays.
7.4 We do not currently deliver to BFPO addresses.
7.5 Some of our content suppliers may not ship to all destinations. Any shipping destination exclusions i.e. Europe, USA/Canada and Rest of World, will be shown on the Goods page.
7.6 Delivery timescales are given as an approximate guide only.
7.7 Prices for delivery costs may already be quoted on Our Web Site, but enquiries for delivery quotes can be made to us by using the enquiry system on the 'Contact Us' Web Site page.
7.8 If we are not able to deliver your Goods within thirty (30) days of the date of your order, we shall notify you by email to arrange another date for delivery.
7.9 We, or our content suppliers, cannot be held responsible for delays in delivery beyond our control. We, or our content suppliers, are not liable if orders are lost in the post. If your order cannot be fulfilled you will be offered an alternative or given a refund (see clause 8.3).
7.10 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.11 You can specify for your order to be sent to another address, providing a signature can be obtained on delivery.
7.12 Where glazed 2D original artwork is to be despatch outside of the UK, any glass may be replaced with Acrylic glazing, for safe transportation and insurance reasons.
7.13 We are happy to send print only (no mount/frame) and mounted prints by the artist Jacqueline Gaylard Worldwide, however due to the UV protection glazing specification and insurance reasons, it is not possible for us to despatch the artist's framed glazed prints outside the UK.
7.14 The Buyer is responsible for the payment of surcharges. Any Customs or Import Duties are levied once the package reaches your country. Additional charges for Customs clearance must be borne by the Buyer as we have no control over charges and cannot predict what they might be. Since Customs policies vary throughout the World, you may want to contact your local Customs office for further information before placing your order.
8. Cancellation & Return
8.1 All correspondence regarding the return of Goods shall be carried out between You and Us. You must not contact any artist directly for any reason.
8.2 Should you wish to withdraw your offer to purchase from us prior to despatch, you must notify us of this fact in writing and we will offer you an alternative or give a full refund within fourteen (14) days.
8.3 If your order cannot be fulfilled you will be offered an alternative or given a full refund within fourteen (14) days.
8.4 You may not cancel orders for artworks commissioned by an artist, due to being custom-made to your specific requirements.
8.5 You must inform us within fourteen (14) days of the receipt of the Goods if you wish to cancel:
8.5.1 If the Buyer fails to notify us in writing within fourteen (14) days, adequately prepare the Goods for its return journey (see clause 8.5.2 and 8.5.3) and allow the collection of Goods within twenty eight (28) days of delivery, then the Buyer shall be deemed to have accepted the Goods.
8.5.2 The Buyer agrees to carefully package the Goods for the return journey. Goods should be in their original condition and where possible in the original packaging.
8.5.3 If you have already disposed of the original packaging, you will be responsible for purchasing appropriate packaging materials to package the Goods securely for the return journey.
8.5.4 The Goods must be returned to the artist within 21 days of delivery:
8.5.5 Securely wrapped
8.5.6 After the artist has received the Goods, in their original condition, We will process your return and a full refund will be returned to your original source of payment in the same currency and using the same exchange rate as your original order no later than fourteen (14) days of the artist having receipt of the returned Goods.
8.5.7 If you do not return the Goods to us, you are still liable to us for the cost.
8.6 The Buyer shall inspect the Goods immediately upon receipt.
(a) the Goods delivered are not what you ordered, or does not correspond with its description; or
(b) the Goods delivered is not of a satisfactory quality we will, at our option, arrange delivery to you replacement Goods (if applicable) or refund to you the price paid in your original order, no later than fourteen (14) days of the Artist having receipt of the returned Goods.
8.8 Where a claim of defect or damage is made, the Buyer shall notify Us in writing within fourteen (14) days of receipt of delivery:
8.8.1 The buyer must take photographs of any damage to goods and packaging. Please send these photo's in the written notification to Us within fourteen (14) days of receipt of Goods.
8.8.2 If we agree that the Goods are indeed defective, we shall, at your option: (i) arrange for the delivery of replacement Goods of similar quality and specification (if applicable), no delivery charge (ii) arrange for a full refund, providing that the Goods were faulty, incorrect or damaged in transit when sent to you, and have not been subsequently modified or subject to misuse or negligence.
8.9 If you do not return the Goods to us, securely packaged for transit, you are still liable to us for the cost.
8.10 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
8.11 Worldwide Return: Sales outside the UK are limited to £100 (one hundred GBP) shipping costs; anything over this will have to be paid by the Buyer.
8.12 In the interests of health, hygiene and for your protection, we do not accept returns of, or refunds on, pierced earrings or jewellery sets containing earrings or real body jewellery, unless the Goods are of unsatisfactory quality or unfit for purpose.
8.13 If you have any complaints, you should direct them to us via email at firstname.lastname@example.org or by post at Charlfred Fine Art, 21 Highbury Park, Exmouth, East Devon EX8 3EJ, United Kingdom.
9. Modifications to website
9.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content or the sale of new goods shall be subject to these terms and conditions.
9.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
10. Information you provide to us
10.1 The following applies to any information you provide to us, for example during any registration or ordering process.
(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our artists, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies').
10.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at email@example.com
11.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify Charlfred Fine Art immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
12. Applicability of online materials
12.1 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
12.2 Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Goods you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
12.3 We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
12.4 Charlfred Fine Art makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Goods or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Goods are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the goods. Charlfred Fine Art accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Goods by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
13. Copyright and monitoring
13.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Charlfred Fine Art, its artists, affiliates or other third party licensors. All goods and Charlfred Fine Art logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with Charlfred Fine Art or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
14. Linked sites
14.1 Charlfred Fine Art makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Charlfred Fine Art and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Charlfred Fine Art endorses or accepts any responsibility for the content, or the use of, such a website and Charlfred Fine Art shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
15. Availability of our website
15.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or is error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
16.1 We promise that for any goods you purchase from our website:
(a) we have the right to sell the Goods to you;
(b) the Product will be of satisfactory quality.
16.1.1 Subject to this, however, Goods are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. We also promise that any service we provide to you will be provided with reasonable skill and care.
16.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Goods), our website or any information or service provided through our website.
16.3 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
16.4 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Charlfred Fine Art or our servants, agents or any other person or entity.
16.5 If we are liable to you for any reason, our liability will be limited to two times the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
16.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
16.7 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
17.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 17.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
17.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
17.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
17.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
17.6 Except in respect of a payment obligation, neither you nor Charlfred Fine Art will be held liable for any failure to perform any obligation to the other due to causes beyond your or Charlfred Fine Art's respective reasonable control.
17.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
17.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
18.1 All notices shall be given:
(a) to us via email at firstname.lastname@example.org or by post at Charlfred Fine Art, 21 Highbury Park, Exmouth, East Devon EX8 3EJ, United Kingdom; or
(b) to you at either the email or postal address you provide during any ordering process.
18.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
19.1 These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the Goods.