Terms and conditions – Website
These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods.
We are: Fifteen2 Ltd
Ye Olde Forge,
You are: visitor to Our Web Site / our customer
In this agreement:
“Carrier” means any person or business contracted by us or our artists to carry Goods from us to you, whether all or part of the distance.
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Goods” means any of the Goods we offer for sale on our web site
“Content” means information in any form published on Our Web Site by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
2.5 All descriptions, weights and sizes of Goods are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6 If the Goods you order are not available, we will offer you alternatives before we despatch your order. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell us to omit the out-of-stock item.
2.7 If we owe you money (for this or any other reason), 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 your order.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 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.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 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.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
6 Orders from outside the UK and Ireland
6.1 We will endeavour to arrange delivery to countries outside the UK.
6.2 Prices for delivery prices may already be quoted online but enquiries for delivery quotes can be made to us by email.
7 Returns and refunds
Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
7.1 All correspondence regarding the return of Goods shall be carried out between You and us.
7.2 You must tell us you wish to cancel within 14 days of your receipt of the Goods
7.3 In any event, you may not cancel orders for artworks commissioned.
7.4 The Goods must be returned to the artist within 21 days of delivery:
7.4.1 with both goods and all packaging in their original condition;
7.4.2 securely wrapped;
7.4.3 including our delivery slip;
7.4.4 at your risk and cost.
7.5 After our artist has received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;
7.6 If you do not return the Goods to us, you are still liable to us for the cost.
7.7 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
8.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose.
8.3.2 the truth of any information given on Our Web Site;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
8.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
8.5 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 Web Site or the purchase of Goods.
8.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
9 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
9.2 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, except as is expressly permitted in this agreement.
9.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
10 System Security
10.1 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 the Installation;
10.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent;
10.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5 taking any action in order to obtain Goods to which you are not entitled.
10.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
10.5.1 any violation of system security as set out above;
10.5.2 your use of Our Web Site;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
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, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12 Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
13 Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
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.
15 No Waiver
No waiver by us, in exercising any right, power or provision hereunder 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.
16 Dispute Resolution
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.
17 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
18 Governing Law
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.
Terms and Conditions – Sales, Commissions, Workshops, Gift Vouchers
- Copyright and Reproduction rights reserved by Artist
- No returns after 30 days.
- Items damaged on receipt can be returned by agreement with Artist. Shipping costs will be reimbursed on damaged items once returned and verified. Repair or replacement of parts may be possible in-situ without needing to return.
- Buyer is responsible for return shipping costs and insurance. Items must be returned in original condition before any refund is issued.
1. Deposit of minimum 50% is required before work starts
2. Full payment is required on completion and before shipping/delivery/collection. Buyer will be welcome to view work before payment either in person or digital images will be sent.
3. No returns accepted on commissions or bespoke items (unless damaged on receipt – see A) Sales 3. And 4.
4. Cancellation by buyer means artist retains all payments to date and all rights to the work. Failure to pay instalments or respond to communications (resulting in delay or affecting artist’s ability to complete work) can be taken as cancellation.
5. Cancellation by artist or failure to complete work will result in full refund to the buyer
6.Artist reserves all copyright and reproduction rights7. Where required, items will be shipped with relevant insurance and tracking. Items lost in shipping will be refunded or replaced (suitable time will be allowed for replacement to be made)
- Your place on the course will be confirmed by email on receipt of full payment.
- We may modify the content or method of delivery on any course, from time to time. We reserve the right to change the venue, time and date where necessary to deliver the workshop.
- The participant states that he/she is fully aware that, even under the safest conditions possible, there may be risks involved. Whilst we will take every precaution to ensure as safe an environment as is reasonably possible, the participant hereby agrees to accept full responsibility and assume all risks including those caused by acts of God, or injury, or death, or loss to his/her person and or property, knowingly and voluntarily.
- The participant certifies that he/she is physically capable to participate in the course.
- Minimum age of participant is 16 years.
- The participant agrees to follow all safety instructions, procedures and advice when given.
- We may take photographs or film for our publicity and archive. Unless the participant advises otherwise, we take the booking of a workshop as permission for the purpose stated above.
- (i) Limitation of liability. We shall not be liable for any loss or damage arising to property or person. (ii) The total aggregate liability arising out of or in connection with these terms and conditions whether for negligence or breach of contract or any case whatsoever shall be capped at the total amount of the sums paid by the participant for the workshop.
- If you cancel more than 3 weeks before the workshop we will issue a full refund. If you cancel less than 3 weeks before the workshop then no refund will be given unless your space can be filled. At our discretion we may offer a credit note/voucher for another date.
- If we need to cancel a workshop clients will be informed as soon as practical using the contact details given. We will offer alternative dates or services where possible. All deposits or payments paid by the client will be refunded in full within 28 days.
- Workshops will run with a minimum of 4 and a maximum of 6 participants. In event of low bookings the workshop will be cancelled.
D) Gift Vouchers
These terms and conditions relate to the purchase of a gift card redeemable at Ushma Sargeant Art. Please read these terms and conditions carefully prior to purchasing your gift card. All artwork gift vouchers purchased will be subject to these terms and conditions, which may be updated at any time without notice.
1. Gift certificates are non-refundable and cannot be exchanged for cash in part or in full.
2. Gift certificates cannot be redeemed for cash and cannot be resold.
3. Gift cards cannot be used to purchase gift cards.
4. These terms and conditions relating to gift cards shall be amended at any time. These altered terms and conditions shall then become binding on the customer and holder of a gift card.
5. No credit, cash or change will be given in relation to the unspent portion of any gift voucher.
7. Gift vouchers must be purchased and redeemed by individuals who are 18 years or over.
8. Any promotional codes or discounts available are not applicable to gift voucher purchases.
9. Gift cards cannot be cancelled or returned after purchase.
10. Ushma Sargeant Art reserves the right to refuse, cancel or undertake a review of gift cards and any orders suspected of any fraud, unlawful activity or for any violations of these terms and conditions.
11. Gift cards are valid for a period of 18 months from date of purchase. Purchases or orders for commissions must be placed within the 18-month period
12. Gift vouchers do not include shipping costs. These will need to be paid when completing your order.