Terms of service
1 General Terms and Conditions
The contract shall be governed by the Laws of England.
These terms shall form the basis of the contract between the seller and the buyer in relation to the sale of goods and/or services, to the exclusion of all other terms and conditions including the buyers standard conditions of purchase, or any conditions which the buyer may purport to apply under any purchase or confirmation of order or any other document.
All goods and/or services shall be deemed to be an offer by the buyer to purchase goods and/or services from the seller pursuant to these terms.
Acceptance of delivery of the goods or commencement of the services shall be deemed to be conclusive evidence of acceptance of our terms and conditions.
These terms represent the whole of the agreement between the seller and the buyer. They supersede any conditions previously issued.
These terms apply to all orders for goods and services, including those placed online via our websites.
1.1 Prices
All prices are displayed and quoted in pounds sterling.
Quotes are valid for 30 days.
1.2 Cancellations/Returns
Our cancellations policy is as per the Consumer Contracts Regulations Act 2013.
Once an order for made to measure goods (tailor-made) has started to be manufactured it cannot be changed or cancelled for any reason whatsoever.
Made to measure goods cannot be returned for a refund unless they are unfit for purpose or not as described.
We can only accept returned goods by prior arrangement. Returned stock lines will be subject to a minimum restocking charge of 20% of the current price.
1.3 Order Processing Timescales
If you need your order urgently please discuss this at the time you place your order, and we will do everything possible to meet your requirements.
Order processing timescales are defined as the time between your order being placed and the date on which we contact you to confirm that the work is complete and ready for collection.
The order processing time varies depending on the size of your order, the materials required and general demand. Timescales are not guaranteed, but we always endeavour to process your order as quickly as possible.
1.4 Timescales
Whilst every effort will be made to meet the estimated timescales for a given order, timescales are not guaranteed and we accept no liability or consequential loss for delays to your order.
Please note that delayed completion shall not be grounds for rejecting goods or terminating the contract.
1.5 Liability
You acknowledge and agree that we are only willing to provide our products and framing services if you agree that our liability is limited.
We will not, under any circumstances be liable for any consequential loss as a result of the incorrect supply, late delivery, accidental misrepresentation or any other reason whatsoever whether avoidable or not.
We have worked hard to ensure our website and specifications are up to date, however the risk of error remains; where we do identify a mistake, or it is brought to our attention we will rectify it as soon as possible.
Colours of items viewed via our website may appear different shades on different monitors, tablets, phones and laptops. Please note that you can confirm colours in person in the gallery.
1.6 Payment
All orders must be paid for in full before they can be collected.
1.7 Title and Risk
Risk shall pass on collection from our premises.
Notwithstanding the earlier passing of risk, title in the goods shall remain with the seller and shall not pass to the buyer until the amount due has been paid in full.
1.8 Collection
We ask that completed orders are collected within 2 months.
Upon collection the buyer shall inspect and examine the goods/services supplied.
Collection by the buyer shall be deemed to be acceptance that they are satisfactory and meet expectations.
1.9 Uncollected Orders
1.9.1) Storage of Uncollected Orders
We would appreciate it if you could collect your completed order once it is ready since we have limited storage space.
1.9.2) Disposing of Uncollected Orders
If orders remain uncollected, after 2 months, we will contact you (via the telephone number or email address provided at the time of order) in order to:
- Remind you that the order needs to be collected.
- Confirm any outstanding balance.
- Notify that if not collected within a further 10 months we reserve the right to dispose of or sell your artwork to create space and recover monies owed to us.
We will attempt one more reminder after a further 4 months.
If disposing of the artwork raises any funds, from those funds we will take the money owed to us, any remaining funds will be proper to you (the customer).
1.10 Force Majeure
We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
If a force majeure event prevents the company from being able to provide its goods and services, we reserve the right to cancel the contract immediately by giving notice to the buyer.
1.11 Data Protection
We will only use the information we collect about you lawfully (in accordance with the Data Protection Act 1998) and in accordance with our GDPR policies (copies of which are available on request).
1.12 Limitation of Liability
Nothing in these conditionals shall limit or exclude the seller's liability for:
- Death or personal injury caused by its negligence, or the negligence of its employees or sub-contractors.
- Fraud or fraudulent misrepresentation.
- Breach of terms implied by section 2 of the Supply of Goods and Services Act 1982.
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979.
- Defective products under the Consumer Protection Act 1987.
2 Terms of Website Use
These terms and conditions regulate the business relationship between you and us.
By using Our Web Site in any way, or by buying from us, you agree to be bound by them
No person under the age of 18 years may purchase Goods.
We are: Ebbing Tide
12 John Street
Filey
North Yorkshire
YO14 9DQ
You are: visitor to Our Web Site / our customer
2.1 Definitions
In this agreement:
“Carrier” means any person or business contracted by us or our artists to carry Goods from us to you, whether all or part of the distance.
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Goods” means any of the Goods we offer for sale on our web site
“Content” means information in any form published on Our Web Site by us or any third party with our consent.
2.2 Our contract with you
2.2.1 These terms and conditions apply:
2.2.2 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and details of how to arrange payment. Once payment has been made, then our contract is made. It is possible that the price may have increased from that posted on our web site.
2.2.3 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
2.2.4 All descriptions, weights and sizes of Goods are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.2.5 If the Goods you order are not available, we will notify you prior to arranging payment. If this happens you may:
2.2.5.1 accept the alternatives we offer;
2.2.5.2 cancel your order;
2.2.5.3 leave the order valid, but tell us to omit the out-of-stock item.
2.2.6 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
2.2.7 Your contract is with us, not our artists. You may not under any circumstances correspond with or communicate with our artists regarding sales of goods, returns, commissions or refunds.
2.3 Price and Payment
2.3.1 You must pay us the full price of your order before we will send any part of it.
2.3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
2.3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
2.3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
2.4 Information you give us
2.4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
2.4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase, and providing that it falls within our Business Terms and Conditions.
2.4.3 Should you supply us with your email address, you agree to receive periodic email marketing. You may unsubscribe from these emails at any time.
2.5 Delivery
2.5.1 Where delivery has been arranged, deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
2.5.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
2.5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
2.6 Orders from outside the UK and Ireland
2.6.1 We will not arrange delivery to countries outside the UK.
2.7 Returns and refunds
2.7.1 All correspondence regarding the return of Goods shall be carried out between You and us. You may not contact any artist directly for any reason.
2.7.2 You must tell us you wish to cancel within 14 days of your receipt of the Goods
2.7.3 In any event, you may not cancel orders for artworks commissioned by an artist.
2.7.4 The Goods must be returned to us within 21 days of delivery:
2.7.5 After we have received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;
2.7.6 If you do not return the Goods to us, you are still liable to us for the cost.
2.7.7 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
2.8 Disclaimers
2.8.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
2.8.2 You are advised that Content may include technical inaccuracies or typographical errors.
2.8.3 We give no warranty and make no representation, express or implied, as to:
2.8.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
2.8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
2.8.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
2.9 Content and Intellectual Property Rights
2.9.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights.
2.9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
2.9.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
2..10 System Security
2.10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
2.10.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
2.10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
2.10.4 Examples of violations are:
2.10.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
2.11 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
2.12 Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
2.13 Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
2.14 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
2.15 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
2.16 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
2.17 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
2.18 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.