Buy with Confidence
“Art is subjective. Something we believe strongly is that you never truly experience a piece of artwork until you have lived with it.”
I understand that buying an original piece of art online can be daunting. This is why you are offered a 14 Day Money Back Guarantee on every piece of my artwork for sale in the online Shop. Buy one of my original pieces, live with it for two weeks and, if you don’t love it, return it in the same condition it arrived and I’ll be happy to refund you. No worries.
The Small Print…
By using this website and placing an order you, the Buyer (referred to as “you”), are in agreement with the following Terms and Conditions and have entered a legally binding agreement with me, Louise Fowler (referred to as “the Artist”).
1. DEFINITIONS
(1.1) “Artwork” means the piece(s) of art which a Buyer agrees to buy from the Artist using the Website, including Commissions, as described in the individual item listings on the Website.
(1.2) “Commissions” is Artwork supplied according to the Buyer’s requirements so the Buyer may choose, for example, a particular subject matter or specific colour variations. Unless otherwise agreed, Commissions require a non-refundable 50% deposit to be paid in advance, with the balance payable once the Buyer has approved images of the work in progress.
(1.3) “Consumer” shall have the meaning ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(1.4) “Order Confirmation” means the email confirming the Buyer’s order and will confirm such details as what the Artist has agreed to supply, the price and expected delivery date.
2. CONDITIONS
(2.1) These Terms and Conditions apply to the use of the Website and purchase of Artwork and prevail over any other agreement, documentation or communication whatsoever between you and the Artist and can only be varied if agreed in writing. Any special conditions which apply will be set out in the Order Confirmation.
(2.2) Nothing in these Terms and Conditions is intended to affect your statutory rights as a Consumer.
(2.3) From time to time these Terms and Conditions may be amended. It is your responsibility to check the Terms and Conditions which apply at the time of your order.
(2.4) Any queries regarding your order or purchase must be in writing via email to the Artist.
3. THE ARTWORK
(3.1) Details of Artwork for sale are displayed as individual items on the Shop page of the Website. Should you require any further information or have any queries you should contact the Artist direct via email before placing your order.
(3.2) A Certificate of Authentication signed by the Artist is included with each Artwork. This proves the Artwork is genuine and authentic.
(3.3) The Artist reserves the right not to accept orders from any Buyer for any reason.
(3.4) Once your order has been accepted you will be provided with an Order Confirmation email. Details of the Artwork which will be supplied to you is contained within the Order Confirmation.
(3.5) If the Artist is unable to supply any Artwork then you will, at the Artist’s sole discretion, either:
(3.4.1) be offered an alternative; or
(3.4.2) be free to cancel your order. You will be provided with a full refund within 14 days.
(3.6) The Artist will provide you with your invoice.
(3.7) Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork.
4. PRICE AND PAYMENT
(4.1) The price of the Artwork is as displayed in GBP on the Website at the time of purchase. The price displayed is inclusive of packaging and postage to addresses within the United Kingdom. The price that you will pay will be confirmed in the Order Confirmation and the Artist will supply you with your invoice.
(4.2) Unless otherwise specified in writing, you must pay in advance before Artwork is dispatched.
(4.3) Commissions are pieces created to your unique specification.
(4.3.1) Contact the Artist to discuss your requirements. The Artist will then quote a price for each commission, based on your requirements. Quotes will be valid for a period of 14 days.
(4.3.2) Once an order is placed by you, 50% of the agreed price is payable as a non-refundable deposit.
(4.3.3) Once the 50% deposit has been received, you will be sent up to two sets of images for approval. Additional Artwork relating to a change in your specification or requirement will be subject to additional charges. Additional charges will be agreed with you prior to undertaking.
(4.3.4) Once you approve images, the balance of 50% is payable in advance before Artwork is dispatched. You are not able to cancel a Commission.
(4.4) The Price displayed in GBP on the Website at the time of purchase includes the cost of packaging and postage to UK addresses only. For delivery outside the UK, please contact the Artist direct.
(4.5) Payment is made in accordance with the order process on the Website which outlines the current method of payment which is accepted. Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method.
(4.6) The Artist may agree to reserve Artwork for you, if, for example, you are moving home. If this is agreed then it is on the following basis:
(4.6.1) You must pay a non-refundable 50% deposit to reserve the Artwork.
(4.6.2) The balance payment (50%) is due within 30 days of the date your deposit is paid.
(4.6.3) If you do not pay the balance payment when it is due then the Artwork will no longer be reserved for you, may be offered for sale to someone else and your deposit will not be refunded.
(4.7) Once you have placed an order you are responsible for payment and, if you do not pay or there are any problems with your chosen method of payment, you remain responsible for payment. If payment is not received when it is due then the Artist reserves the right to charge up to 15% interest for each month (or part thereof) that payment, or any part of it, remains unpaid until full cleared payment is received and is also entitled to recover all reasonable expenses incurred in obtaining payment from you, where any payment or part payment due is late.
(4.8) For International sales see clause 6 following.
5. DELIVERY
(5.1) Delivery is arranged by the Artist to the address provided by you on the Order Confirmation. If your delivery address does not correspond to the address linked to your payment information, you may be contacted to provide confirmation.
(5.2) Multiple pieces of Artwork may be dispatched individually.
(5.3) The Carrier will generally be the Royal Mail (tracked and signed delivery). However, the Artist may offer a range of delivery options (different shipping methods and services). Please ensure that you select the option you require. Sometimes these options may be limited because of the type of Artwork or the country you want the Artwork to be shipped to. If you have any queries about shipping you should contact the Artist direct. If you have any particular shipping requirements you should contact the Artist direct.
(5.4) Other than for Commissions, unless the Order Confirmation says otherwise, the Artist aims to dispatch Artwork to you within 14 days of the date of accepting your order. If there is going to be a foreseeable delay, the Artist will contact you to let you know. You will be free to cancel your order or choose another piece of Artwork.
(5.5) For Commissions, the Artist will advise on an estimated completion date within 7 days of the date of placing your order. This will be reviewed and confirmed as the work progresses. You will be provided with an update of progress at least once a fortnight from the date of placing your order to the estimated completion date.
(5.6) If, for any reason, the Artist is unable to dispatch the Artwork you have ordered, then the Artist will either refund the price paid for that item or will contact you and offer you an alternative item.
(5.7) Dispatch and delivery times are estimates and not guaranteed. The Artist is not responsible for late delivery.
(5.8) You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork.
(5.9) Delivery of Artwork will usually be by a service which requires a signature on receipt. Your signature, or that of someone over the age of 18 on your behalf, confirms receipt of the Artwork but also the state of the package received.
(5.10) Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.
(5.11) Risk passes to you upon delivery of the Artwork. When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, it is strongly recommend that you sign for the parcel, 'Received Damaged'. In the subsequent event that the Artwork is found to be damaged, please contact the Artist.
6. INTERNATIONAL SALES
(6.1) The price is displayed in British pounds (GBP) and so you will be paying using GBP.
(6.2) Where the Website displays a currency converter, this is only a guide/estimate. If your own payment method is not GBP then your payment method provider may make a charge for paying in GBP and will also calculate the rate of currency exchange.
(6.3) Currency exchange rates and charges are your responsibility. You may wish to check this with your own payment provider before placing your order.
(6.4) Delivery of Artwork to an international address (one which is not located in the UK) is at your own expense and risk, unless agreed otherwise by the Artist before placing your order. It is always advised that you check directly with customs officials in the country where any delivery address is located so that you understand what duties or other charges may be imposed if you ask goods to be delivered to that country.
(6.5) You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.
(6.6) Unless agreed otherwise by the Artist before placing your order, in addition to the actual purchase price of the Artwork, you will be solely and fully responsibility for any and all tax/duty costs, fees, liabilities, handling charges, shipping costs, insurance which may arise or apply to your order and delivery.
(6.7) The Artist will not be responsible for any costs incurred as a result of any delivery of Artwork to you.
(6.8) With all international sales it is recommended that you:
(6.8.1) Check the unit of weights and measurements used (for example imperial inches or metric centimetres).
(6.8.2) Remember to allow extra time for delivery of your Artwork.
(6.8.3) Contact the Artist direct if you have any queries about the Artwork or shipping and delivery.
7. CONSUMER CANCELLATION RIGHTS
(7.1) This clause only applies to you if you are a Consumer and want to exercise your Consumer cancellation rights.
(7.2) Consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to the Artist to obtain a refund.
(7.3) Please be aware that Commissions may be returned only at the sole discretion of the Artist.
(7.4) Returns:
(7.4.1) If you wish to return your order, please confirm this in writing by emailing the Artist within 14 days following the date you receive your order. You will be provided with information about how to return the Artwork. Acceptance of returns outside of the 14 day timeframe is at the sole discretion of the Artist.
(7.4.2) Once you have cancelled in writing, items should be returned to the Artist. You must contact the Artist before simply returning an item. The Artist may wish to assist by arranging collection of the Artwork from you.
(7.4.3) The Artist will refund you the cost of the Artwork within 14 days of the date the Artist receives the Artwork. Refunds are made using the same payment method that you used to pay for the Artwork. Please bear in mind that some payment methods mean that a refund may take several days to reach your account. The Artist is not responsible for any delays caused by the payment method or provider.
(7.4.4) You are responsible for all delivery/ international shipping costs associated with returning the Artwork to the Artist. Delivery costs will not be refunded.
(7.5) Unless the Artist has agreed otherwise, Artwork should be returned in perfect condition in, or with, the original packaging, within 14 days of the date you advise the Artist in writing of your cancellation. It is advised that you return Artwork using a service which provides you with proof of sending.
(7.6) As entitled by law, the Artist reserves the right to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.
8. FAULTS, PROBLEMS AND RETURNS
(8.1) Consumers may have a right to reject some faulty Artwork but this right is limited to 30 days from the date you purchased the Artwork. You should retain the Artwork and all original packaging for 30 days so that it can be inspected.
(8.2) Where there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, please contact the Artist directly within 14 days after the day you received the Artwork. You will be advised on how to return the Artwork.
(8.3) When returning Artwork please repackage the goods securely, to guard against damages.
(8.4) Within 14 days of receipt of the faulty Artwork the Artist will either:
(8.4.1) repair the Artwork; or
(8.4.2) provide a replacement; or
(8.4.3) provide a refund of the price you paid the Artist for the Artwork.
(8.5) Refunds are made with 14 days of the date the Artwork is receive using the same payment method that you used to make payment. Please bear in mind that some payment methods mean that a refund may take several days to reach your account. The Artist is not responsible for any delays caused by the payment method or provider.
9. LIMITATION OF LIABILITY AND INDEMNITY
(9.1) Nothing in these Terms and Conditions shall exclude or limit the Artist’s liability for death or personal injury resulting from negligence.
(9.2) The Artist will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
(9.3) Other than those implied by law where a Buyer is dealing as a Consumer, in the event of the Artist breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork.
(9.4) You will indemnify the Artist against all claims, costs and expenses which may be incurred and which arise, directly or indirectly, from your breach of any obligations under these Terms and Conditions.