Malcolm Tait, Artist and Maker: Terms and Conditions
Please read these terms and conditions carefully. They contain important information about your rights and obligations.
These terms and conditions regulate the business relationship between you and myself. You shall be responsible for reading and understanding these Terms & Conditions, and I do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
I am : Malcolm Tait, Artist and Maker,
Address: Shalom, Chapel Lane, Addlethorpe, Lincolnshire, PE24 4TG, United Kingdom
Email: info@malcolmtait.com Tel: +44 7868757295
- Definitions
In this Agreement:
"I/Myself/Me" means “Malcolm Tait, Artist and Maker”.
"Buyer" means the individual or organisation that buys or agrees to buy the Goods from the Seller.
"Carrier" means any person or business contracted by me or our artists to carry Goods from me to you, whether all or part of the distance.
"Our Web Site" or "website" means the entire computing hardware and software installation that is or supports Our Web Site.
"Goods" means any of the Goods I offer for sale on our Web Site.
"Content" means information in any form published on Our Web Site by me or any third party with our consent.
- Introduction
2.1 Please read these terms and conditions carefully before using the website operated by Malcolm Tait, Artist and Maker. (‘Malcolm Tait, Artist and Maker,' ‘I/Myself/Me). By completing the 'Checkout' process you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
2.2 If you do not wish to be bound by these terms and conditions then you may not use our website.
- Nature of our website
3.1 Our website is a place for you to view, select and order contemporary art, together with, where applicable, mounts, frames and glass (the ‘Goods'). Our website describes the Goods in more detail.
3.2 Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over eighteen (18) years to purchase the Goods, using the payment method displayed on our website.
- Buying Products on our website
4.1 To order Goods you will need to follow the ordering procedures set out on our order page. Details of my prices for the Goods and the procedures for payment and delivery are displayed on our website.
4.2 I may change terms and conditions from time to time. The Terms that apply to you are those posted on our Website Site on the day you order goods.
4.3 These terms and conditions apply so far as the context allows, to you as a visitor to Our Website; and in any event to you as a buyer or prospective buyer of our Goods.
4.4 Goods advertised may not be available.
4.5 All descriptions, whether image or frame sizes are accurate to within 3mm.
4.6 Any times or dates stated on Our Web Site for delivery are estimates only. I do not accept liability for any failure to deliver within that time.
4.7 You must pay the full price of your order at the time of order, before I will send any part of it.
4.8 The price of any Goods is the price in force at the date and time of your order. Imay change the price of any Goods before you place an order. I will inform you if the Goods correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the goods at the correct price.
4.9 The prices are exclusive of delivery costs (unless specifically indicated on the site) and inclusive of applicable taxes, but not of any customs or import duties which may be payable by you.
4.10 Goods prices have NO VAT, I am not VAT registered.
4.11 Bank charges by the receiving bank on payments to me will be borne by myself. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
4.12 Malcolm Tait, Artist and Maker, is entitled to refuse any order placed by you. If your order is accepted, I will confirm acceptance to you by online electronic means (‘Confirmation') to the email address you have given meon ordering. That is when our contract is made. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within thirty (30) days.
4.13 You undertake that all details you provide to me for the purpose of purchasing goods or services which may be offered by me on Our Web Site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. I reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
4.15 Your contract is with myself.
- Specification of Goods
5.1 A Certificate of Authenticity is supplied with all work
5.2 Image dimensions are given as an approximate guide only. Other dimensions, such as external mount or frame size, are available on the shop page of the work.
5.3 Every care is taken to describe and illustrate the products and services accurately. Colours are shown within the limitations of the printing process/ individual monitor settings and actual colours may vary.
5.4 I will inform you if there is a variation to goods, such as to mount and/or frame moulding depicted in the catalogue or on the website.
- Delivery
7.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
7.2 I will endeavour to deliver your order within fourteen (14) working days to a UK address. Outside the UK destination deliveries will be informed at time of purchase. Working days are Monday - Friday, not including Saturdays, Sundays and Bank or Public Holidays.
7.3 Delivery timescales are given as an approximate guide only.
7.4 Prices for delivery costs may already be quoted on Our Web Site, but enquiries for delivery quotes can be made to me by using the enquiry system on the 'Contact Us' Web Site page.
7.5 If I am not able to deliver your Goods within thirty (30) days of the date of your order, I shall notify you by email to arrange another date for delivery.
7.6 I cannot be held responsible for delays in delivery beyond our control. We, are not liable if orders are lost in the post. If your order cannot be fulfilled you will be offered an alternative or given a refund (see clause 8.3).
7.7 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.8 You can specify for your order to be sent to another address, providing a signature can be obtained on delivery.
7.9 The Buyer is responsible for the payment of surcharges. Any Customs or Import Duties are levied once the package reaches your country. Additional charges for Customs clearance must be borne by the Buyer as Ihave no control over charges and cannot predict what they might be. Since Customs policies vary throughout the World, you may want to contact your local Customs office for further information before placing your order.
- Cancellation & Return
8.1 All correspondence regarding the return of Goods shall be carried out between You and Myself.
8.2 Should you wish to withdraw your offer to purchase from me prior to despatch, you must notify me of this fact in an email and I will offer you an alternative or give a full refund within fourteen (14) days.
8.3 If your order cannot be fulfilled you will be offered given a full refund within fourteen (14) days.
8.4 You may not cancel orders for artworks commissioned, due to being custom-made to your specific requirements.
8.5 You must inform me within fourteen (14) days of the receipt of the Goods if you wish to cancel:
8.5.1 If the Buyer fails to notify me in writing or email within fourteen (14) days, adequately prepare the Goods for its return journey (see clause 8.5.2 and 8.5.3) and allow the collection of Goods within twenty eight (28) days of delivery, then the Buyer shall be deemed to have accepted the Goods.
8.5.2 The Buyer agrees to carefully package the Goods for the return journey. Goods should be in their original condition and where possible in the original packaging.
8.5.3 If you have already disposed of the original packaging, you will be responsible for purchasing appropriate packaging materials to package the Goods securely for the return journey.
8.5.4 The Goods must be returned within 21 days of delivery:
8.5.5 Securely wrapped
8.5.6 After I have received the Goods, in their original condition, I will process your return and a full refund will be returned to your original source of payment in the same currency and using the same exchange rate as your original order no later than fourteen (14) days of receipt of the returned Goods.
8.5.7 If you do not return the Goods to us, you are still liable to me for the cost.
8.6 The Buyer shall inspect the Goods immediately upon receipt.
8.7 If:
(a) the Goods delivered are not what you ordered, or does not correspond with its description; or
(b) the Goods delivered is not of a satisfactory quality I will, at our option, arrange delivery to you replacement Goods (if applicable) or refund to you the price paid in your original order, no later than fourteen (14) days of the Artist having receipt of the returned Goods.
8.8 Where a claim of defect or damage is made, the Buyer shall notify me in writing within fourteen (14) days of receipt of delivery:
8.8.1 The buyer must take photographs of any damage to goods and packaging. Please send these photo's in the written/email notification to me within fourteen (14) days of receipt of Goods.
8.8.2 If I agree that the Goods are indeed defective, I will, at your option: (i) arrange for the delivery of replacement Goods of similar quality and specification (if applicable), no delivery charge (ii) arrange for a full refund, providing that the Goods were faulty, incorrect or damaged in transit when sent to you, and have not been subsequently modified or subject to misuse or negligence.
8.9 If you do not return the Goods to us, securely packaged for transit, you are still liable to me for the cost.
8.10 I am under no obligation to collect or recover Goods from you, but if I do, our costs will be payable by you.
8.11 Worldwide Return: Sales outside the UK are limited to £100 (one hundred GBP) shipping costs; anything over this will have to be paid by the Buyer.
8.12 If you have any complaints, you should direct them to me via email at info@malcolmtait.com or by post to: Malcolm Tait, Artist and Maker, Shalom, Chapel Lane, Addlethorpe, Lincolnshire, PE24 4TG, United Kingdom
- Modifications to website
9.1 I reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of my website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content or the sale of new goods shall be subject to these terms and conditions.
9.2 Please note that although I try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
- Information you provide to us
10.1 The following applies to any information you provide to us, for example during any registration or ordering process.
(a) You authorise me to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by myself.
(b) You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how Ideal with your Personal Information, please read our privacy policy.
- Applicability of online materials
11.1 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
11.2 Our website is controlled and operated by myself from my studio in England. Where content published on the website is supplied by third parties, you understand that I do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected to me, is published in good faith but I do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Goods you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
11.3 I have used my best endeavours to ensure that our website complies with UK laws. However, I make no representations that the materials on my website is appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of my website and/or viewing of it, or use of any material or content on my website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
12.4 Malcolm Tait, Artist and Maker, makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Goods or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Goods are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the goods. Malcolm Tait, Artist and Maker accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Goods by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
- Copyright and monitoring
13.1 The contents of my website is protected by international copyright laws and other intellectual property rights. The owner of these rights is Malcolm Tait, Artist and Maker. All goods and Malcolm Tait, Artist and Maker logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with Malcolm Tait, Artist and Maker or using my website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
- Linked sites
14.1 Malcolm Tait, Artist and Maker makes no representations whatsoever about any other websites which you may access through my website or which may link to my website. When you access any other website you understand that it is independent from Malcolm Tait, Artist and Maker Art and that I have no control over the content or availability of that website. In addition, a link to any other website does not mean that Malcolm Tait, Artist and Maker endorses or accepts any responsibility for the content, or the use of, such a website and Charlfred Fine Art shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
- Availability of our website
15.1 I will try to make my website available but cannot guarantee that our website will operate continuously or without interruptions or is error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
- Liability
16.1 I promise that for any goods you purchase from our website:
(a) I have the right to sell the Goods to you;
(b) the Product will be of satisfactory quality.
16.1.1 Subject to this, however, Goods are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. I also promise that any service I provide to you will be provided with reasonable skill and care.
16.2 I exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Goods), our website or any information or service provided through our website.
16.3 I will do our best to ensure that all materials and information published on my website is accurate, but please note that all content, materials and information on our website are provided on an ‘as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
16.4 I accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), I accept no liability for this loss or damage (except where I have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Malcolm Tait, Artist and Maker or our servants, agents or any other person or entity.
16.5 If I am liable to you for any reason, our liability will be limited to two times the amount paid by you for the Product concerned. This limit does not apply to any liability I may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
16.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that I cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-viral and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
16.7 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
- General
17.1 I may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 17.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
17.2 I may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
17.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and Malcolm Tait, Artist and Maker. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Malcolm Tait, Artist and Maker or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
17.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
17.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
17.6 Except in respect of a payment obligation, neither you nor Malcolm Tait, Artist and Maker will be held liable for any failure to perform any obligation to the other due to causes beyond your or Malcolm Tait, Artist and Maker’s respective reasonable control.
17.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
17.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Notices
18.1 All notices shall be given:
(a) to me via email at e or by post at Malcolm Tait, Artist and Maker Shalom, Chapel Lane, Addlethorpe, Lincolnshire, PE24 4TG, United Kingdom United Kingdom; or
(b) to you at either the email or postal address you provide during any ordering process.
18.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
- Replacement
19.1 These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the Goods.