Reza Nasir, Weldon, Northamptonshire, NN17 is the artist selling their artwork. These Terms & Conditions apply to the sale of artwork (the “Artwork”) by the Artist (the “Artist” to you. It will always be made clear on the invoice who is the seller. These Terms & Conditions do not apply to any other services.
2. Application And Territorial ScopeBy entering into a contract with the Artist you are accepting these Terms & Conditions to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. If you are a consumer, nothing in these Terms and Conditions will affect your legal rights. Any samples, drawings, descriptive matter or advertising issued by the Artist and any descriptions or illustrations contained in the Artist's catalogues, brochures or internet are issued or published for the sole purpose of giving an approximate idea of the products described in them. They shall not form part of the contract between you and the Artist or have any contractual force. An order by you constitutes an offer to purchase Artwork in accordance with these Terms & Conditions. An order shall only be deemed to be accepted when the Artist takes payment at which point a legally binding contract upon these Terms & Conditions shall come into existence. Any quotation given by the Artist shall not constitute an offer, may be revoked at any time, and in any event shall only be valid for a period of 30 days from its date of issue (unless otherwise specified in the quotation).
3. Governing Law & JurisdictionThese Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the English courts. 4. Severability and Waiver If any provision or part-provision of these Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part- provision shall be deemed deleted. Any modification to or deletion of a provision or part- provision under this clause shall not affect the validity and enforceability of the rest of these Terms & Conditions. A waiver is only effective if it is in writing.
5. PricesOur price lists, quotations, order confirmations and invoices are on the basis “errors and omissions excluded” (E&OE). Our prices include carriage and insurance on carriage.
6. Title & RiskAs soon as the purchase price is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you. If an Artwork has been loaned to you then you are responsible for the Artwork and the risk of damage to or loss of the Artwork.
7. Ownership Of the Artwork CopyrightCopyright in the Artwork remains the property of the Artist. You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website for any purpose.
If you breach any of your obligations under section 7 you agree that:
(a) the payment of damages will not be a sufficient remedy to compensate the Artist for
your breach;
(b) The Artist may, apply to the court for an order to prevent you from continuing
to breach your obligations under these Terms and Conditions; and
(c) The Artist may, contact the operator of any internet website on which the
Artwork is being offered for sale or on which an image of the Artwork has been placed by you
or at your direction, and instruct such operator, on your behalf, to remove any such offer for
sale or image from any such internet website.
We make no representation or warranty of any kind whatsoever, express or implied, in connection with the Artwork. The Artist and their employees, or agents exclude all liability (whether in contact, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with the Artwork.
9. Rights of Third PartiesNo person other than you and the Artist have any rights under these Terms and Conditions other than in respect of section 7 above which confers a benefit on the Artist and is intended to be enforceable by the Artist.
10. PaymentPayments for prints are made via the PayPal system and the item will be posted when funds received. For originals where a sale has been agreed then we accept payment in Pound Sterling only, either by cheque, PayPal, or bank transfer. The sale is not complete until such funds are cleared.
11. Individual CommissionsIf you order a specifically commissioned piece of Artwork it will be made to your individual specifications and is therefore bespoke & personalised. This means that it can sometimes take months for your art to be delivered, although we will always try to deliver sooner. Delivery times are given by way of estimate only. Time shall not be of the essence. The Artist shall make reasonable efforts to supply the goods or services by the date agreed. No rights can be derived from the estimated delivery date, and neither can the Artist be held liable for any delays in delivery caused by whatever reason. If you need to amend or cancel your order for commissioned Artwork, you have the right to do so at any time up to 48 hours after you have placed your order. If you amend your order in any way more than 48 hours after you placed it, we reserve the right to charge you any costs we have incurred in relation to your order. Bespoke Artwork cannot be returned after it has been commissioned. It is your responsibility to ensure that the product you have ordered will fit into your home. It is very important that you carefully measure where the piece is going to go and also whether we can get it to the location. Please be sure to check these details in advance of placing your order.
12. ReturnsIt is expected that the artwork will arrive in perfect condition. However, should you not be satisfied with the product and within your rights of remote sales, you can return your order in re-saleable condition within 14 days of receipt for a full refund or replacement. If your order arrives damaged it will be replaced promptly. If you would like to return your artwork, You are required to contact us for details of the process.
13. Privacy PolicyThe Artist will not disclose client information to any other individual or organisation unless required to do so by law, or unless it is necessary to do so to obtain or validate payment of our invoices to you or to perform our contract of supply with you, or unless it is covered by a confidentiality agreement. If you want us to remove your information from our files please contact us and we will do so insofar as the law permits