Terms and conditions of Art Piece Sales
This page (together with any documents referred to on it) informs you of Sarah Brabbin’s terms and conditions (Terms) on which she supplies her art pieces.
Please read these Terms carefully and make sure that you understand them before placing an order.
By ordering any of my art pieces you agree to these Terms. You should print a copy of these Terms for future reference.
I, Sarah Brabbin, operate the website www.sarahbrabbin.com. My business address is 15 Croft Drive, Millhouse Green, Sheffield, S36 9NE, United Kingdom. My VAT number is 00686165
The relationship between you and me
By placing any order with me, you confirm that you are at least 18 years old and are legally capable of entering into binding contracts.
After placing an order, you will receive an order confirmation email from me acknowledging that I have received your order. All orders are subject to acceptance by me and I will inform you if for any reason I cannot process your order. The contract between us will only be formed at the point that I send you the order confirmation email.
Risk and title
The products will be your responsibility from the time of delivery. Ownership of the products will only pass to you when I receive full payment of all sums due in respect of the products, including delivery charges.
Prices and payments
The price of the products and delivery charges will be as quoted on the site, except in cases of obvious error.
You are responsible for any other taxes applicable in the territory to which the products are sent.
Please note that you must comply with all applicable laws and regulations of the country to which the products are delivered. I will not be liable for any breach by you of any such laws. Payment for all orders must be by Paypal.
Please note that no changes to orders are possible once submitted by you.
Product prices and delivery charges are liable to change at any time, changes will not affect orders in respect of which have already been sent an order confirmation email (subject to any change in the law).
I try to display and describe as accurately as possible the art pieces which appear on the site, but do not give any assurance that the colours of pieces supplied will exactly match those displayed on your computer monitor or other printing systems.
I will only print one art piece where stated. I cannot be held responsible for any breach of my copyright by 3rd parties. I retain rights over the original artwork as the artist. You must not make any copies of the artwork yourselves whether digitally or physically, in whole or in part. Doing so will result in legal action.
Refunds, returns and reprints.
It is not possible to return products for refund other than in the event of an order being produced to the wrong order specification or not to an acceptable standard. In either of these cases I may (at my discretion) reprint free of charge.
If the packaging of your order has been damaged, please accept the material from the courier and write on the document provided that you have accepted the package subject to checking. Once you have verified damage has occurred to the material inside the package you must contact me immediately email@example.com
If, when delivered, the printed product cannot be used because there is no packaging or the content are completely ruined, please do not accept the material and mark the refusal on the document provided by the courier. You must then contact me immediately firstname.lastname@example.org to inform me of the issue so I can proceed and reprint your order immediately. I cannot accept a claim for loss for items delivered via Royal Mail unless 15 working days or more have passed since the item was due to be delivered.
I will not be liable for losses that result from any failure to comply with the Terms that fall into the following categories (even if such losses result from a deliberate breach):
- a) loss of income or revenue;
- b) loss of business;
- c) loss of profits;
- d) loss of anticipated savings;
- e) loss of data;
- f) waste of management or office time.
Nothing in these Terms excludes or limits my liability for:
- death or personal injury caused by my negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any other liability that it would be illegal or unlawful to limit or exclude liability for.
If I fail to comply with these Terms I shall only be liable to you for the purchase price of the products.
Please note that it is your responsibility to comply with all applicable laws and regulations of the country for which the products are destined. I will not be liable for any breach by you of any such laws.
Circumstances beyond my control
There may be occasions when I an unable to fulfill an order within your required timescales, or at all, as a result of circumstances or events beyond my reasonable control. Such circumstances and/or events include any acts, events, non-happenings, omissions or accidents beyond my reasonable control including without limitation, strikes, lock-outs or other industrial action, terrorist action or the threat thereof, civil commotion, disruption due to general or local elections, invasion, war, threat or preparation for war, fire, explosion, storm, hurricanes, flood, earthquake or other natural physical disaster, epidemic or pandemic, quarantine and any legislation, official advice or guidance, regulation or ruling (including failure to grant any necessary permissions) or actions of any government, court or other such competent authority. If such circumstances or events arise and they appear likely, in my reasonable opinion, to impact upon the delivery of products and/or the performance of any other obligation by me then I will use reasonable endeavours to inform you that your order has been delayed and I shall have no liability to you for any delay. If the period of delay continues for more than 30 days then you will be entitled to cancel your order by me by email at email@example.com and you will receive a full refund.
My right to vary these terms and conditions
I have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting my business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in my system’s capabilities.
You will be subject to the policies and Terms in force at the time that you order products from me, unless any change to those policies or Terms is required to be made by law or governmental authority. In this case it will apply to orders previously placed by you, or if I notify you of the change to those policies or these terms and conditions before I send you the order confirmation email. In this case I have the right to assume that you have accepted the change to the Terms, unless you notify me to the contrary within seven working days of receipt by you of the products.
Entire agreement and third party rights
These Terms (and any document expressly referred to in them) constitute the entire agreement between us and supersedes all previous discussions, correspondence, negotiations, previous arrangement, undertaking or agreement between us relating to the subject matter of any contract.
We each acknowledge that in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
A person who is not party to these Terms or a contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Law and jurisdiction
Contracts for the purchase of products through this site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English Law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the Courts of England and Wales.