Art by T.Clark Terms and Conditions

Art by T.Clark

Website terms and conditions: Online payments.

No on-line payments will be requested via Art by T.Clark’s website directly.

For any purchases via the website store, the customer will be offered the option within the “Shop Basket” to pay by Paypal.

For personalised and bespoke requests / orders, the customer shall receive an email with an agreement / contract and invoice. This email will be sent by artbytclark@icloud.com only.

Upon payment received, an email will be sent with a receipt of payment by artbytclark@icloud.com only.

Trading terms and conditions Art by T.Clark

These terms and conditions regulate the business relationship between you and us. When you buy from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. If you are under 18, please ask an adult for help with your purchase.

We are: Art by T.Clark

Our address is:

Lordswood

Kent

ME5

Email: artbytclark@icloud.com

You are: a visitor to Our Website / our customer

The terms and conditions

1 Definitions

In this agreement:

“Carrier” means any person or business contracted by us to carry commissions from us to you, whether all or part of the distance.

“Our Website” means the entire computing hardware and software installation that is or supports Our Website/s.

“Commissions” means any of the art, design or written work we offer for sale.

“Content” means any material in any form published on Our Website by us or any third party with our consent.

2 Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 In any event to you as a buyer or prospective buyer of our Commissions.

2.3 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Commissions.

2.4 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.

3 Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods and/ or Services.

3.2 No order submitted Art by T.Clark shall be deemed to be accepted by Art by T.Clark unless and until confirmed in writing (either by invoice submitted with goods delivered or otherwise) by Art by T.Clark.

4 Price and Payment

4.1 We endeavour to keep our prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

4.2 Banking 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.

4.3 Prices include UK value added tax (where applicable). If you reside outside the UK, VAT may be deducted.

4.4 For goods supplied, payment must be received within the payment term stated on the invoice (starting from the ‘invoice sent’ date), unless a longer payment term has been agreed in writing. If the customer fails to make payment on the due date then without prejudice to any other right or remedy available Art by T.Clark, Art by T.Clark shall make contact with the customer to retrieve payment and also be entitled to charge the customer interest (both before and after any judgement) on the amount unpaid, at a rate of 8% per annum above Bank of England base rate from time to time, until full payment is made. The customer may not withhold payment of any invoice or other amount due to Art by T.Clark by reason of any right to offset or counter-claim which the customer may have or allege to have for any reason whatsoever.

4.5 Card Payments will appear on your bank statement as ‘CLARK TA’.

5 Delivery 

5.1 Deliveries will be made by post (Royal Mail) or a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.

5.2 Commissions will be despatched to you at the time and date agreed by you and Art by T.Clark, which will be confirmed in writing via email.

5.4 Delivery is charged at the amount stated at the time of ordering.

5.5 Art by T.Clark will not take any responsibility for non-receipt/ delivery of your commission/s once passed over to the post office (Royal Mail) or carrier. However, at the time of placing your order we will offer you the opportunity to upgrade the P&P to recorded delivery. The extra cost of recorded delivery will be added to your invoice.

6 Cancellation

6.1 Due to the nature of commissioned work being created for individual purposes, therefore not allowing for the chance of re-sale, cancellations will not be accepted after an email confirmation with an attached invoice has been sent.

6.2 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website.

6.3 You must cancel an agreed commission before receiving a confirmation email with invoice attached by emailing Art by T.Clark (artbytclark@icloud.com)

6.4 This paragraph does not affect your rights in the event that the commission/s are faulty. However, you will be requested to supply photographic evidence and a full description of the faults via email (artbytclark@icloud.com) to enable you the opportunity of being considered for a refund.

6.5 The following will not be considered as a faulty commission;

6.5.1 any damage to the commission/s that occurs during the delivery process.

6.5.2 any purposeful damage caused to the commission/s by a consumer/ customer or third party.

6.5.3 any accidents that damage or alter the appearance of the commission/s that are a direct fault of the consumer/ customer or third party.

6.6 If you cancel an agreed commission on or after the date of receiving your confirmation email with the invoice attached, you accept that you are liable to pay 100% of the costs that appear on your invoice (excluding P&P).

6.7 Terms 6.1, 6.3 and 6.5 are non-negotiable.

7 Foreign taxes, duties and import restrictions

7.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

7.2 You are responsible for purchasing commissions which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

8 Faulty Commissions

8.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the commission, please tell us at the earliest opportunity (by email; artbytclark@icloud.com):

8.1.1 exactly what is the fault;

8.1.2 the date, if relevant, when the fault became apparent;

8.1.3 when and how you discovered the fault;

8.1.4 how the fault affected your use of the commission/s;

8.1.5 supply photographic evidence of the faults

8.2 These provisions apply in the event that you are requesting a refund because you say that your commission/s are faulty.

8.3 Any credit/ refund shall only be considered if such a claim relates to a defected commission/s by fault of Art by T.Clark and if the claim is received in writing at the Art by T.Clark address shown on the invoice, or by email artbytclark@icloud.com within 7 days of the date of delivery of goods to the customer. If claims are not submitted within such time limits Art by T.Clark shall have no liability in respect of such claims and the customer shall be bound to pay the price as if the goods had been delivered in accordance with the agreement.

9 Disclaimers

9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.

9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

9.3 We give no warranty and make no representation, express or implied, as to:

9.3.1 the adequacy or appropriateness of the Commissions for your purpose;

9.3.2 the truth of any Content on Our Website published by someone other than us;

9.3.3 compatibility of Our Website with your equipment, software or telecommunications connection.

9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods and/ or Services.

9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods, commissions or services you have purchased.

9.7 The above two sub paragraphs do not apply to a claim for personal injury.

10.6 If a commissioned request is deemed offensive in any way, it will not be actioned or completed. If in the unlikelihood that a request is extremely offensive or inappropriate, a complaint from Art by T.Clark, along with the request will be passed on to the rightful authorities to investigate further. In this instance, Art by T.Clark will inform the commissioned requester by email of our intended actions.

10 Content and Intellectual Property Rights

10.1 We will defend the intellectual property rights in connection with our Goods, Services, Commissions and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

10.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

10.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

10.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

10.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

10.6 If a Commissioned request is deemed offensive in any way, it will not be actioned or completed. If in the unlikelihood that a request is extremely offensive or inappropriate, a complaint from Art by T.Clark, along with the request will be passed on to the rightful authorities to investigate further. In this instance, Art by T.Clark will inform the commissioned requester by email of their intended actions.

11 System Security

11.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

11.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

11.3 You may not use any software tool for the purpose of extracting data from our website.

11.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

12 Miscellaneous provisions

12.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

12.2 Where we provide commissions without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other commissions, goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those commissions, goods or service.

12.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

12.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

12.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

12.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

12.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

12.8 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Working Hours

Mon – Thurs 9am to 4pm

Fri – 9am to 1pm

Weekends – Closed

Contact

Email – Anytime