Scottish artist - Deanne's Art Surreal, nude and imaginative

 

1. DEFINITIONS AND INTERPRETATIONS

In these terms and conditions:

Reference to “we” and “us” is a reference to Deanne's Art.

Reference to “you” is a reference to the purchaser of the Goods from us.

“Contract” means the contract between us for the sale and purchase of the Goods which incorporates these Terms & Conditions.

“Goods” means the works of art and other items purchased by you from us.

“Terms” means these terms and conditions.

1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.

2. PRICE

2.1 The cost of packaging and postage/carriage is shown separately and (in the case of special or overseas orders) will be quoted by us on request and payable separately from the price of the Goods.

2.2 All published prices are subject to change at any time without notice.

3. ORDERING GOODS ONLINE

3.1 You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.

3.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.

3.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.

3.4 Please note that we endeavour to ensure the images on our web site are a fair reflection of the original artwork but browser, monitor and operating systems used by you to view our web site may change the appearance and colour of the artwork displayed. For this reason we cannot guarantee the accuracy of the images of our web site which are an indication only of the exact appearance and colour of the artwork displayed. If you are in any doubt about appearance, colour, sizing etc of the artwork please contact us before placing your order as we may not be able to cancel orders and refund money paid in due course if your concern relates to these issues and it was reasonable for you to have enquired about them before ordering.

4. PRIVACY

If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.

The Information We do not Collect:

Credit/Debit Card Information, this information is handled entirely by PayPal (secure online payments system) 'We' or the 'artists' do not have access to your payment details.

5. PAYMENT

5.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.

5.2 Payment online will be made by credit or debit card in pounds sterling only via Pay Pal.   In all cases, delivery will not occur until we are satisfied that the payment has been made.

6. DELIVERY

6.1 We will give you an estimated delivery date for the Goods but no times or dates provided by us are guaranteed.

6.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise. We only deliver to addresses within mainland UK. If you live outside of mainland UK please contact us before placing an order.

6.3 You must notify us promptly and in any event within 48 hours or receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.

6.4 When ordering goods from Deanne's Art for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination.  Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be.  Customs policies vary widely from country to country, so you should contact your local customs office from further information.  Additionally, please note that when ordering from Deanne's Art, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.  Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware of cross-border deliveries are subject to opening and inspection by customs authorities.

7. CANCELLATION

7.1 You will have a right to cancel an order within 7 working days from the date that you receive the Goods.  Cancellation confirmation must be immediately sent by email, followed by cancellation notice in writing within 7 days.

7.2 You must take reasonable care of all Goods in your possession and return them to us, appropriately packaged to avoid damage, within 7 days from the cancellation date (emailed confirmation). We reserve the right to arrange collection, in which case you will be responsible for collection charges.

7.3 We will refund the purchase price to you within 30 days of the cancellation notice but we reserve the right to charge any other costs we incur in connection with the return of the Goods.

7.4 In the case of Goods which are made and supplied to your specification or which have been personalised for you, you will not have the right to cancel the Contract.

8. RISK AND OWNERSHIP

8.1 The risk of loss or damage to Goods passes to you upon delivery. If you have agreed to collect the Goods from us, the risk in those Goods passes to you on collection (or 7 days after the date of the collection agreed between us if you have not collected the Goods by then).

8.2 Ownership in all Goods remains with Deanne MacLeod until full payment of all amounts due to us have been received from you.

8.3 You will be responsible for the safe custody and insurance of all Goods in your possession.

8.4 You have no right to re-sell any Goods until payment has been received in full by us. All works are registered and are covered in Directive 2001/84/EC1 (“the Directive”) was
implemented. Resale right allows artists and heir heirs to receive a small royalty each
time one of their works is resold whilst that work is in copyright.

9. WARRANTIES AND LIABILITY

9.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing). Please note clause 3.4 above.

9.2 We will not have any responsibility for any damage which occurs to the Goods after delivery.

9.3 We do not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.

9.4 Liability to you for loss or damage under no circumstances must exceed in the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).

10. NOTICES

10.1 If you wish to give us any notice relating to a matter covered by these Terms,  you must confirm that notice with the title of Terms of Deanne's Art these should be sent to Deanne's Art.

11. CUSTOMER DEFAULT

If you:

• give us any incorrect personal information, or
• fail to make any payment when it is due, or
• cancel any payment, or
• become insolvent, or
• commit any breach of these Terms

then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.

12. FORCE MAJEURE

We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control which includes, but is not limited to, extreme weather conditions, act of God, terrorism, war, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to terminate the Contract.

13. GENERAL

13.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.

13.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.

13.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract with you to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not assign your rights without first getting our written consent.

14. INTELLECTUAL PROPERTY

Our works of art, these are prepared by the artist who owns the copyright in those works. You have no right to make any copies or adaptations of any such Goods.

15. DISPUTES

15.1 If there is a dispute which we cannot settle by direct negotiation it may be referred to mediation if agreed between us. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute

15.2 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.

16. GOVERNING LAW

These Terms and the Contract between us are governed by English law.