Buyer's Terms and Conditions
These are the terms and conditions (together with the documents referred to in it) (hereinafter jointly called "the Terms") governing the use of this Website and the terms and conditions on which we will supply any of the products ("Products"). Before you click on the "Add To Basket" button to place the order, please make sure that you have read these Terms and our Disclaimer carefully and that you fully understand and agree with them. By using this Website or by placing an order, you are consenting to be bound by these Terms and conditions. The Terms are subject to amendment, so you should read them carefully each time you place an order.
By placing an order through this Website you warrant that you are:
Legally capable of entering into binding contracts and at least 18 years old;
Providing a valid address for delivery of the Products.
1. USE OF OUR WEBSITE
These Terms and any document expressly referred to in them have been designated to create a legally binding agreement between you and us protecting your rights as a customer and our rights as a business. Therefore they constitute the entire agreement between us and supersede any prior agreement.
If at any time during the term of this contract we fail to insist upon strict compliance of any of your obligations under the contract or these Terms or if we fail to exercise any rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us shall be effective unless expressly stated to be a waiver and communicated to you in writing. A waiver by us of any of these Terms shall not constitute a waiver of any subsequent default.
2. HOW THE CONTRACT IS FORMED
If you submit an order for goods via this Website by clicking "Add To Basket", your order is an offer to us to buy goods on our Website.
After this you will receive an e-mail in which we acknowledge that we have received the order, ("Order Confirmation"). However, this does not imply that your order has been accepted, since our Website does not constitute an offer for sale but only an invitation to treat. All orders are subject to an acceptation by us and we will confirm such acceptance to you by sending you an e-mail that the Products have been dispatched ("Shipment Confirmation"). If we refuse an order, we will notify you by e-mail and if applicable will release the reservation of the purchase price on your credit card or refund any sum paid by you as soon as possible but in any event within 14 days as from the Order Confirmation.
The contract for the purchase of a Product between us ("the Contract") shall only exist as from the moment your order is accepted by us and will only relate to those Products whose dispatch has been confirmed in the Shipment Confirmation. The contract language is English.
We will not be obliged to deliver any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation.
3. PRICES AND DELIVERY COSTS
Except in case of obvious errors, the prices of any Products will be as indicated on our Website. The prices include VAT and delivery costs. The delivery costs will also be clearly noted in the shopping basket and in the Order Confirmation.
It is always possible that despite our best efforts some of the Products on our Website or the Delivery costs are incorrectly priced. In this case you will be informed of this error as soon as possible and you will have the right to cancel your order free of charge. Funds for this order already deducted from your account will be refunded as soon as possible but in any event within 14 days of your cancellation of the order.
a. Payment for all Products must be by:
Credit card or debit card (via paypal.com)
The availability of specific payment methods may be restricted in function of your order value. This Website operates with a first class Payment Service Provider, guaranteeing both first class online payment safety and protection against fraud attempts.
b. If you pay with Credit card, your credit card will be pre-authorized at the moment you receive the Order Confirmation and the actual charge of your credit card shall occur at the moment you receive the Order confirmation.
c. If you pay with Debit card or Paypal, the charge of your card shall occur at the moment you receive the Order Confirmation.
d. We reserve the right not to proceed with the delivery and cancel your order when you have not fully paid any previously paid orders.
e. Please be advised works shipped from outside of the UK may be subject to customs charges and it will be the buys responsibility to liaise with customs and pay charges if incurred.
5. AVAILABILITY AND DELIVERY
Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent availability of all products on this site. All orders are subject to availability at all times.
We will deliver the goods ordered by you to the address you gave us for delivery at the time you made your order on this site.
Delivery will be made according to the information on the product pages after your order is accepted.
In the case of unforeseen circumstances beyond reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we will agree with you on an alternative delivery date.
We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.
6. RISK AND TITLE
You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.
7. RIGHT TO CANCEL
You have a right to cancel your order without having to give a reason at any time before your goods are dispatched or within 14 days after your receipt of the delivery. Should your order comprise multiple delivery shipments, the 14 days cancellation period for the goods in your order begins on the day after you receive the delivery of the last shipment.
You may cancel your order by following the below instructions:
1. Please inform us you would like to cancel your order by e-mailing us at firstname.lastname@example.org. Please inform us of the reason for the return at this time, and of any problems with the goods.
2. If possible, please return the products in the packaging in which you received them. When you don’t have the original packaging anymore, please make sure that the packaging is appropriate, and of the same type as was sent with to avoid damages during transport.
3. Please fill in the return slip that accompanied your goods. If you have lost your return slip, please contact email@example.com
4. We will e-mail you to confirm that the artist is expecting the return, and will again confirm the returns address for your goods.
5. Return postage costs will be the responsibility of the sender. We advise that returns are sent as recorded delivery as Sweet ‘Art cannot be held responsible for returns not received.
Following cancellation we will refund you the price paid for the cancelled order (or part of the ordered cancelled) less any collection or return charges (if any). We will also refund the initial standard delivery charges paid, or any amount equal to those charges if you choose to elect a more expensive delivery charge.
We will refund you once your return has been confirmed as received and processed and not later than 14 days upon receipt of your return, provided your return has been accepted.
We will refund you using the same method of payment as you used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use. For these products unreasonable use means handling the goods beyond what is reasonable to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.
Without limiting your cancellation rights as set out above, if you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please also follow the procedure above. Once we have confirmed the product defect or other problem, we will:
° Provide a full refund for any product that is not what you ordered;
° Provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale
We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed you via e-mail that you were entitled to a refund for defective goods.
If you have paid via credit card, we will refund you using the same method originally used by you to pay for your purchase.
8. LIABILITY AND DISCLAIMERS
Our liability in connection with the Product purchased through our Website is strictly limited to the purchase price of that Product.
Nothing in these Terms shall exclude or limit in any way our liability:
a) For death or personal injury caused by our negligence
b) For fraud or gross negligence or the gross negligence of our employees and agents; or
c) For any matter for which it would be illegal or unlawful for us to exclude or limit or attempt to exclude or limit our liability.
All product descriptions, information and materials posted on this Website are provided "as is" and without warranties express, implied or otherwise howsoever arising. To the fullest extent permissible by law, but excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Sweet ‘Art will guarantee condition of all artwork sold, and will notify of any elements of condition which may be interpreted as defects to the buyer before shipping. Any concerns about condition of works received by the buyer should be raised to Sweet ‘Art within 14 days of receipt of order so that this can be investigated by Sweet ‘Art. Sweet ‘Art cannot be held responsible for any damages to condition raised after this time.
Nothing in this clause will affect your statutory right as a consumer, or your Contract cancellation right as set out above.
9. EVENTS BEYOND OUR CONTROL
We will have no liability for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control, including, without limitation, strikes, lock-outs and other industrial disputes, breakdowns of systems or network access, flood, fire, explosion.
10. LAW AND JURISDICTION
These Terms are governed by UK law and any Contract formed via this Website will be governed by UK law.
All notices you send to us must be sent to the contact details as set out above. We may give notice to you either by e-mail or posted address you provide to us when making a purchase. Notice will be deemed received and properly served 24 hours after an e-mail is sent or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.