Terms and Conditions
These Terms and Conditions are the standard terms for the sale of Artwork by Unskilled Worker Limited registered in England under number 10092467 whose registered address is 4 Stirling Court Yard, Stirling Way, Borehamwood, Herts, United Kingdom, WD6 2FX (“We” “Us” “Our”)
1. Definitions and Interpretation
1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|"Artwork"||means the artwork which is to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation|
|"Business Day"||means, any day other than a Saturday, Sunday or bank holiday;|
|"Calendar Day"||means any day of the year;|
|"Contract"||means the contract for the purchase and sale of Artwork, as explained in Clause 4;|
|"Month"||means a calendar month;|
|"Price"||means the price payable for the Artwork;|
|"Order"||means your order for the Artwork shown overleaf|
|"Order Confirmation"||means Our acceptance and confirmation of your Order as described in Clause 4;|
2. Each reference in these Terms and Conditions to "writing" and any similar expression includes electronic communications whether sent by e-mail, [text message,] fax or other means.
2. The Contract
1. These Terms and Conditions govern the sale of Artwork by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2. Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
3. A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
4. We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
- The main characteristics of the Artwork;
- Our identity and contact details (set out below in Background section.
- The total Price for the Artwork including taxes
- Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
- Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Artwork;
- Our complaints handling policy;
- We shall ensure that you are aware of Our legal duty to supply Artwork that are in conformity with the Contract;
3. Description and Specification of Artwork
1. The images of the Artwork on the Website are for illustrative purposes only. Although we have tried to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Artwork or that discrepancies may arise during the printing process and we are not liable for any such non-conformity.
2. If you receive Artwork that does not conform to the Contract, please refer to Clause 7.
1. All Orders for Artwork made by you will be subject to these Terms and Conditions.
2. You may change your Order at any time before We despatch the Artwork by contacting Us. Requests to change Orders do not need to be made in writing.
3. If your Order is changed We will inform you of any change to the Price in writing.
4. You may cancel your Order at any time before We despatch the Artwork by contacting Us. If you have already paid for the Artwork under Clause 5, the payment will be refunded to you within fourteen (14) days. If you request that your Order be cancelled, you must confirm this cancellation in writing.
5. We may cancel your Order at any time before We despatch the Artwork in the following circumstances:
- The Artwork are no longer in stock and We are unable to re-stock (if, for example, the Artwork are discontinued); or
- An event outside of Our control continues for more than one (1) month (please see Clause 11 for events outside of Our control).
6. If We cancel your Order under sub-Clause 4.5 and you have already paid for the Artwork under Clause 5, the payment will be refunded to you within fourteen (14) days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
5. Price and Payment
1. The Price of the Artwork will be that shown on the website.
2. All Prices on Limited Editions includes VAT.
3. Prices on Original Artwork excludes VAT
4. Our Prices exclude the cost of delivery.
5. All payments for Artwork must be made in advance before We can despatch the Artwork to you.
1. When We provide you with an Order Confirmation, We will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Artwork, your location, and circumstances beyond Our control. Unless agreed otherwise, the Artwork will be delivered without undue delay and in any case no later than thirty (30) Calendar Days after the date on which the Contract is formed.
2. Delivery will be deemed to have taken place when the Artwork have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Artwork or, if you are collecting the Artwork from Us yourself, when you have collected the Artwork.
3. If for any reason We are unable to deliver the Artwork at your chosen delivery address, We will leave a note informing you that the Artwork have been returned to Our premises, requesting that you contact Us to arrange re-delivery.
4. The responsibility (sometimes referred to as the “risk”) for the Artwork remains with Us until delivery is complete as defined in sub-Clause 6.2 at which point it will pass to you.
5. Subject to the provisions of Clause 9 you own the Artwork once We have received payment in full for it.
6. All artwork ordered from Us shall be sent to you via a secure courier service. We will endeavour to deliver artwork within 30 days after receiving payment from you, or within such other period indicated at the time you place your order.
7. Faulty, Damaged or Incorrect Artwork
1. By law, We must provide Artwork that is of satisfactory quality, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Artwork you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Artwork, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, or replacement.
2. Beginning on the day that you receive the Artwork you have a 5 Calendar Day right to reject the Artwork and to receive a full refund if they do not conform as stated above. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you.
3. Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
4. Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Artwork was originally purchased.
8. Returning Artwork If You Change Your Mind
1. If you are not satisfied with any Artwork purchased from Us you have the right to return them in exchange for a refund subject to the provisions of this Clause 8. This Clause does not apply to Artwork that are not in compliance with the Contract and your legal rights. For such Artwork, please refer to Clause 8.
2. If you wish to return Artwork to Us under this Clause 8 you must do so within ten (10) Business Daye of taking delivery (or collecting them from Us), telling Us why you wish to return the Artwork.
3. All Artwork must be returned to Us under this Clause 8 in their original condition accompanied by proof of purchase. If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to Us at your own cost, in unused and otherwise re-saleable condition. The goods must be returned by courier. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.
4. Refunds or replacements will be issued to you immediately if you return the Artwork to Us in person or within thirty (30) days of Our receipt of the Artwork if you return Artwork to Us by post or similar delivery service or if We collect the Artwork from you.
9. Intellectual Property
1. In purchasing any goods from the Website, you are not granted any right to any copyright or other intellectual property rights in the Artwork. Please note that, the artist namely Unskilled Worker of such edition or artwork has asserted her right to be identified as the author of such edition.
2. You are not permitted to display or to authorise any display of any edition or other artwork purchased by you in a commercial manner without Our prior written consent.
10. Our Liability
1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. 10.1 Nothing in this clause 10 or otherwise in these Terms shall exclude or limit our liability for: death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation; or breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
2. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
3. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
11. Events Outside of Our Control (Force Majeure)
1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
2. If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Artwork as necessary;
- If the event outside of Our control continues for more than three (3) months We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
- If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 4.4 above.
12. Communication and Contact Details
1. If you wish to contact Us, you may do so by email at firstname.lastname@example.org
2. In certain circumstances you must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing you may use the following methods:
- Contact Us by email at email@example.com
13. Complaints and Feedback
1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
2. All complaints are handled in accordance with Our complaints handling policy and procedure which is available on request.
3. If you wish to complain about any aspect of your dealings with Us, please contact Us by email at: firstname.lastname@example.org
14. How We Use Your Personal Information (Data Protection)
1. All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
2. We may use your personal information to:
- Provide Our Artwork and services to you;
- Process your payment for the Artwork; and
- Inform you of new artwork available from Us. You may request that We stop sending you this information at any time.
3. We will not pass on your personal information to any other third parties without first obtaining your express permission.
15. Other Important Terms
1. You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
2. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
3. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
4. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
16. Governing Law and Jurisdiction
1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
2. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.