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In these conditions, unless the context requires otherwise:
1.1 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.2 ‘Image’ means the digital file created by Carol Herbert from her copyrighted photograph or original digital artwork;
1.3 ‘Goods’ means any print or canvas purchased from the Seller;
1.4 ‘Buyer’ means the person, company or firm who buys or agrees to buy goods from the Seller;
1.5 ‘Seller’ means Carol Herbert of 22 Webster Crescent, Kimberworth, Rotherham S61 2BP;
1.6 ‘Website’ means realworldart.co.uk and all http/https/www variants;
1.7 ‘Supplier' means the independent company or firm contracted by Carol Herbert to print, manufacture, package and ship Goods to the Buyer;
1.8 ‘Courier’ means any company or firm contracted by the Supplier to deliver the Goods;
1.9 ‘Base Price’ means the price for the Goods excluding packing, carriage, insurance and any other costs levied to the Seller by the Supplier;
1.10 ‘Sale Price’ means the price for the Goods shown on the Website which may include packing, carriage, insurance and any other costs levied by the Supplier to the Seller.
1.11 ‘Order Value’ means the total cost for the Goods including all packing, carriage, insurance and any other costs due to the Seller.
2. Applicable Terms
2.1 These Conditions shall apply to all contracts for the purchase of Goods by the Buyer from the Seller to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any sales offer, purchase order, confirmation of order or similar document or in correspondence. These Conditions constitute the entire understanding between the Buyer and the Seller with respect to the subject matter covered by the contract of purchase and supersedes all previous agreements and understandings between the parties.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Buyer and Seller.
3. Sale Price & Payment
3.1 The Seller is not VAT registered, therefore all Sale Prices quoted on the Website do not have an associated VAT amount which can be reclaimed by the Buyer.
3.2 All payments are securely processed via Paypal. Credit card information or payment information is not stored on the Real World Art website or the Real World Art server.
4. Delivery of the Goods
4.1 In order to keep delivery costs as low as possible, all Goods on the Website are generally printed, manufactured and despatched directly from the Supplier.
a. Certain images may be despatched by the Seller from stock where these have been previously manufactured in order to provide stock to physical stores where the Seller's artwork is on sale.
4.2 Where Goods are not in stock, upon order the Seller prepares the Image as per the Buyer's specifications and forwards this on to the Supplier for printing, manufacture and despatch.
4.3 Each Supplier uses their own preferred Courier with timescales ranging from next day to 10 days depending on the destination country.
4.4 The Seller is not liable for any delays or disruption caused due to any action by the Supplier or their contracted Courier.
4.5 All timescales given by the Seller or shown on the Website are average delivery times and should be treated only as a guide as these times can change without notice.
4.6 The Seller shall not be liable for any loss or damage (including without limitation loss of profits and/or consequential losses and/or direct and/or indirect losses) arising from any delay in delivery of the Goods howsoever caused.
4.7 If no delivery of the Goods is made by the Seller at all as a result of any cause beyond the Seller’s reasonable control or as a result of the Buyer’s fault, the Seller shall not be liable for any loss or damage (including without limitation loss of profits and/or consequential losses and/or direct and/or indirect losses). If no delivery of the Goods is made by the Seller at all as a result of any other reason, the Seller’s liability shall be limited to the Sale Price of the Goods not delivered.
4.8 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery information or instructions at the time stated for delivery then provided that this was not caused by circumstances beyond the Buyer’s reasonable control and was not caused by the Seller’s fault, the Seller may, without prejudice to any other right or remedy available, charge the Buyer for any costs levied by the Supplier or Courier to store, attempt redelivery or return the Goods to the Supplier.
5. Inspection of Goods and Defective Goods
5.1 The Buyer shall inspect the Goods immediately upon delivery and within forty-eight (48) hours of delivery (time being of the essence) shall give notice in writing to the Seller of any alleged damage to or defect in the Goods or of any other matter or thing by reason whereof the Buyer alleges that the Goods are not in accordance with these Conditions. If the Buyer shall fail to give such notice then the Goods shall be conclusively presumed to be in accordance with these Conditions in all respects and the Buyer shall not (subject to clause 5.2) thereafter be entitled to reject the Goods or to claim from the Seller in respect of any damage or other defect in the Goods.
5.2 In the case of damage or other defect in the Goods which was not apparent on reasonable inspection, notice shall be given to the Seller within three (3) days after discovery of the damage or other defect, otherwise clause 7.1 shall apply. If requested by the Seller, following notification of damage or other defect, defective Goods shall be returned promptly by the Buyer to the Seller.
5.3 In the event that Goods are defective and the damage or other defect complained of shall have arisen as a result of the negligence of the Seller, and the Buyer has notified the fact of damage or defect to the Seller in accordance with clause 7.1 or 7.2, then the Seller shall refund to the Buyer the Sale Price in respect of the defective Goods, provided that where this is possible the Seller may instead opt to repair or replace the defective Goods free of charge.
5.4 If there is a fault with the Goods digital photos clearly showing where the Goods are at fault must be emailed to the Seller at firstname.lastname@example.org within three (3) days in order to comply with the notification deadlines imposed by the Supplier. Failure to do so could result in a forfeit of a reprint or a refund. The Seller will contact the Supplier to rectify the issue which will be in the form of replacement Goods sent free of charge to the Buyer. The Buyer will also be notified if the Goods need to be returned to the Supplier; in this event it is the Buyer’s responsibility to ensure the Goods are properly packaged for the return to the Supplier. The Seller is unable to accept responsibility for damage to Goods which are damaged in transit if they have not been properly packaged.
5.5 If the Buyer is not obligated to return Goods which are at fault or damaged, the Seller may ask the Buyer to destroy the Goods and provide suitable proof. In this instance it is expected that the Buyer will do so with due diligence and care. Any injury occurring as a result of the destruction of the item is at the Buyer’s own risk and the Seller will not be liable in any way for injuries sustained due to the Buyer’s actions.
6. Seller’s Warranties
6.1 Goods are not made available on the Website until the Seller has first placed orders with the Supplier to confirm that the quality, despatch and delivery times are as stated by the Supplier and up to the standard required by the Seller. The Seller has obtained assurance from the Supplier that the Goods subsequently supplied shall be free of defects on materials and workmanship and shall be of satisfactory quality and fit for the purpose for which they have been purchased. Warranty for the Goods remains with the Supplier and any issues regarding defects on materials or workmanship shall be referred from the Seller to the Supplier for their investigation and remedy.
6.2 The warranty shall be revoked without notice if the Buyer or any third party, to the exclusion of the Supplier, undertakes any repair or alteration or modification to the Goods.
6.3 The Seller/Supplier shall assume no obligation to honour warranties of any kind in case of neglect, improper handling or use.
7. Limitation of Liability
7.1 In no circumstances shall the Seller be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for:-
a. any increased costs or expenses, or
b. any loss of profit, business, contracts, revenues or anticipated savings or any liability of the Buyer to any third party, or
c. any special and/or direct and/or indirect and/or consequential damage or losses of any nature whatsoever arising directly or indirectly out of the provision by the Seller of the Goods or of any failure or defect therein, or of the performance, non-performance or delayed performance by the Seller of these Conditions.
7.2 The Seller’s liability to the Buyer in respect of the contract entered into between the Buyer and the Seller in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the Sale Price.
7.3 Where the Supplier has provided materials to assist in the hanging/affixing of an item to the wall you must ensure the instructions are followed precisely where provided or that the item is hung/affixed by a professional with experience in hanging art on walls. The Seller or Supplier accepts no liability for Goods that fall/break/cause injury where they were not correctly affixed/hung on the wall. The Buyer is responsible for any damage caused by the Goods purchased on the Website.
8. Force Majeure
8.1 The Seller shall not be liable to the Buyer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
a. Act of God, explosion, terrorism, flood, tempest, fire or accident;
b. War or threat of war, sabotage, insurrection, civil disturbance or requisition;
c. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d. Import or export regulations or embargoes;
e. Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
f. Any action or inaction carried out by the Supplier or Courier.
9. Export Terms
9.1 In these Conditions ‘Incoterms’ means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when these Conditions are entered into. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions the latter shall prevail.
9.2 Where the Goods are supplied for export from the United Kingdom, the provisions of this clause shall (subject to any special terms agreed in writing between the Buyer and the Seller) apply notwithstanding any other provision of these Conditions.
9.3 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
9.4 Unless otherwise agreed in writing between the Buyer and the Seller, the Goods shall be delivered FOB the air or sea port of shipment and the Seller shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979.
10. Third Party Rights
The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to this contract and a person who is not a party to this contract shall have no right under that Act to enforce any term of the contract.
11.1 These Conditions shall supersede any previous terms and conditions of trading entered into between the Buyer and Seller.
11.2 No failure of or delay by the Seller to exercise any right, power, remedy or privilege shall operate as a waiver of the same. No waiver by the Seller of any breach of any term of these Conditions by the Buyer shall be construed as a waiver of any prior or subsequent breach of the same or any other term of these Conditions.
11.3 If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part then the validity of the rest of these Conditions and the remainder of the provision in question shall not be affected thereby.
12. Returns & Cancellations
12.1 Goods on this Website are made upon order to the specific requirements of the Buyer. Due to the bespoke nature of the Goods, the Seller is not obliged to offer a refund in cases where the Buyer changes their mind.
12.2 The Buyer may cancel their order at any time up until the Goods are in production by the Supplier and receive a full refund from the Seller. The Buyer can check the status of their order at any time via their online order confirmation link that has been sent to the Buyer’s email address.
12.3 If the Buyer changes their mind about a purchase after the order has gone into production by the Supplier, the Buyer is not entitled to a refund, however as a gesture of goodwill the Seller may agree to issue a refund up to the value of the Base Price of the Goods.
12.4 If the Seller agrees in writing to refund the Base Price the Buyer must return the Goods to the Seller, at the Buyer’s expense, in a resalable condition and in their original packaging. Once the Goods have been received and inspected by the Seller, the Buyer shall have the agreed refund amount credited via Paypal against the original order.
12.5 The Seller will not be liable for Goods lost during the return delivery. The Buyer is responsible for the Goods until they reach the Seller so it is recommended that the Goods be returned using a method that provides a tracking number.
13. Consumer Protection (Distance Selling) Regulations 2000
13.1 These Regulations do not apply to made-to-measure, customised or personalised Goods.
14. Choice of law and jurisdiction
Any dispute or claim arising between the parties hereto shall be governed and construed according to English law and shall be subject to the exclusive jurisdiction of the English courts.
NOTHING CONTAINED IN THESE TERMS & CONDITIONS IS INTENDED TO AFFECT, NOR WILL IT AFFECT, A CONSUMER`S STATUTORY RIGHTS
Revised 22 December 2020