TERMS OF USE
Thanks for visiting my website, williamjamesclaridge.com (the “Site”) and exploring my art-filled pages. Through the Site I provide a marketplace that enables you to purchase artwork ("Products") direct from myself (the "Seller"). I sell the artwork directly to you (the “Client/Buyer”). This page (together with the documents expressly referred to on it) provides information about myself and the legal terms and conditions (“Terms”) on which Products listed on my website are sold to you. These Terms govern your use of the Site and will apply to any contract for the sale of Products to you by the Seller (“Contract”).
Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Please note that by ordering Products, you agree to be bound by these Terms and the other documents expressly referred to in them. I reserve the right to make changes to the Site and to these Terms from time to time. When I make changes, I will post them here. For this reason, you are encouraged to review these Terms each time you use the site, thereby, giving you consent that you agree to accept any such changes. William James Claridge provides you with access to and use of the Site subject to your compliance with the Terms. These Terms were most recently updated on 1st April 2020. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT MYSELF
1.1 I operate the website www.williamjamesclaridge.com . If you’d like to get in touch with me, please visit our Contact page or email me at willclaridge95@gmail.com
2. THE PRODUCTS
2.1 The images of the Products on my Site are for illustrative purposes only. Although every effort has been made to display the colours accurately, it cannot be guaranteed that your computer or media device display of the colours will accurately reflect the colour of the Products.
2.2 The packaging of the Products may vary from that shown on images on my Site.
3. HOW YOUR PERSONAL INFORMATION IS USED
3.1 Your personal information is used only in accordance with the Privacy Policy which is detailed on my website. Please take the time to read through the Privacy Policy, as it includes important terms which apply to you.
4. IF YOU ARE A CONSUMER
4.1 This clause 4 shall only apply if you are a consumer on the Site.
4.2 If you are a consumer, you may only purchase Products from the Site if you are at least 18 years old.
4.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND William James Claridge
6.1 The order process allows you to check and amend your order before submitting it. Please take the time to read and check your order carefully at each stage of the order process.
6.2 All Products shown on our Site are subject to availability. After you place an order, you will receive an e-mail acknowledging that your order has been received. Please note that this does not mean that your order has been accepted. Acceptance of your order will take place as described in clause 6.4. When you place an order for a Product, You will be required to provide your payment details in order to pre-authorise payment with your bank. Your payment will not be charged until the availability of the Product has been confirmed. Product availability will be confirmed to you as soon as possible ("Order Confirmation"). Once you have our Order Confirmation, a binding contract will be formed between us for purchase of the Product and your payment will be processed. You shall receive a dispatch confirmation from me once your Product has been dispatched for delivery ("Dispatch Confirmation").
6.3 If I am unable to supply you with a Product, for example because that Product is not in stock, or no longer available, or because of an error in the price on my Site, I will inform you of this by e-mail and I will not process your order. If the Product is not available the payment pre-authorisation will be removed and your bank details will not be retained.
6.4 If following Order Confirmation and process of your payment the Product is no longer available you shall be refunded any payment taken from you using the credit or debit card you used to pay for the Product.
7. OUR RIGHT TO VARY THESE TERMS
7.1 I may revise these Terms from time to time in the following circumstances: a) changes in how I accept payment from you; b) changes in how I conduct business; or c) changes in relevant laws and regulatory requirements. Every time you order Products from my Site, the Terms in force at that time will apply to the Contract. I will provide a permanent copy of these Terms with the Order Confirmation.
7.2 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. YOUR CANCELLATION RIGHTS IF YOU CHANGE YOUR MIND
8.1 This clause 8 shall only apply if you are a consumer on our Site.
8.2 If you are a consumer, you have a legal right to change your mind and cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out below in clause 8.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify me of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.3 You do not have the right to change your mind and cancel the Contract where a Product has been made to your specifications and is clearly personalised, for example a commission and or alteration of an existing product.
8.4 You may cancel a Contract from the date you receive the Order Confirmation, which is when the Contract between you and myself is formed. If the Product has already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Product.
8.5 To cancel a Contract if you change your mind, you must contact us in writing by sending an e-mail at willclaridge95@gmail.com
8.6 If you have received the unwanted Product once you have changed your mind, you must pay the cost of returning it to us unless I have agreed otherwise. I will process the refund due to you using the credit or debit card you used to pay for the Product and refunds will be processed without undue delay, and in any event no later than 14 days after either (i) the seller received the returned Product; or (ii) the day on which you provide evidence to me that the Product has been returned.
8.7 If the Products were delivered to you: a) you must return the Products to the seller in accordance with our Customers Returns Policy and within 14 days of receipt, unless the Products were split into different deliveries over different days in which case you must return the Products within 14 days from the date the last Product was received, in the original packaging and including any certificates provided with the Product; b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while in your possession. If the value of the Product is diminished as a result of your handling of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product, I may, recover that amount from you, up to the value of the Product, by either: (i) deducting that amount from the refund due to you; or (ii) otherwise requiring you to reimburse this amount.
8.8 If you have returned the Product under this clause 8 because it is faulty or mis-described, I will refund the price of the Product in full, and any applicable delivery charges.
8.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. The Seller is under a legal duty to supply Products that are in conformity with the Contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these Terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
up to 30 days: if your Product is faulty, then you can get an immediate refund;
up to six months: if your Product can't be repaired or replaced, then you're entitled to a full refund, in most cases;
up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.
10. DELIVERY
10.1 The cost of delivery shall be as notified to you before you place your order. The Seller shall deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which your order is confirmed. If the supply of the Products is delayed by an event outside the Seller's control then the Seller shall contact you as soon as possible to let you know and the Seller shall take steps to minimise the effect of the delay. Provided the Seller does this the Seller shall not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact me to end the Contract and receive a refund for any Products you have paid for but not received.
10.2 Delivery will be completed when the Products are delivered to the address you have provided.
10.3 You have legal rights if the Seller delivers any Products late. If the Seller misses the estimated delivery deadline then you may treat the Contract as at an end straight away if any of the following apply:
10.3.1 the Seller has refused to deliver the Products;
10.3.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
10.4 If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 10.5, you can give the Seller a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if the Seller does not meet the new deadline.
10.5 If you do choose to treat the Contract as at an end for late delivery under clauses 10.3 or 10.4, you can cancel your order for the Product or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them) unless splitting them up would significantly reduce their value. After that the Seller shall refund any sums that you have paid to the Seller for the cancelled Products and their delivery. If the Products have been delivered to you, you must either post them back to the Seller or (if they are not suitable for posting) allow the Seller to collect them from you. The Seller shall pay for the costs of postage or collection. Please call customer services on 07875300835 or email me at willclaridge95@gmail.com to arrange collection.
10.6 The Products will be your responsibility from the completion of delivery.
10.7 You own the Products once I have received payment in full, including all applicable delivery charges.
10.8 I may need certain information from you so that I can supply the Product to you, for example, your full name, address, email address and contact telephone number. If so, this will have been notified to you before you place your order. I will contact you to ask for this information. If you do not give me this information within a reasonable time of us asking for it, or if you give me incomplete or incorrect information, I may either end the Contract (and clause 9.2 will apply) or make additional charge of a reasonable sum to compensate me for any extra work that is required as a result. I will not be responsible for supplying Products late or not supplying any part of them if this is caused by you not providing the information I need within a reasonable time of requesting it.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Product (which includes VAT) will be the Price as quoted on the Site. I take all reasonable care to ensure that the price of the Product advised to you is correct.
11.2 Prices for the Products may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of the Order Confirmation I will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. Delivery options and charges will be notified to you on the Site before you place your order.
11.5 Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing: I (i) in the event that your order has not yet been processed, do not have to provide the Product to you at the incorrect (lower) price; or (ii) in the event that your order has been processed, may end the contract, refund you any sums you have paid and require the return of the Product provided to you.
12. HOW TO PAY
12.1 You can only pay for Products using Paypal.
12.2 If you think that a payment which has been debited from your debit card or credit card is incorrect, please contact me promptly to let me know.
13. LIABILITY IF YOU ARE A CONSUMER
13.1 This clause 13 shall only apply if you are a consumer on our Site.
13.2 If the Seller fails to comply with these Terms, the Seller (as appropriate) are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or negligence, but the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if it was contemplated by you and the Seller at the time we entered into the Contract.
13.3 Products are supplied for domestic and private use only. You agree not to use the Product for any commercial, business or re-sale purposes. The Seller does not have liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 The Seller does not in any way exclude or limit the liability to you where it would be unlawful to do so under the terms set out in the Consumer Rights Act 2015.
14. COMMUNICATIONS BETWEEN US
14.1 When I refer, in these Terms, to "in writing", this will include e-mail.
14.2 If you wish to contact me in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to me by e-mail on willclaridge95@gmail.com I will confirm receipt of this by contacting you in writing, normally by e-mail.
14.3 If I have to contact you or give you notice in writing, I will do so by e-mail or by pre-paid post to the address you provide in your order.