Buyer Terms and Conditions
www.loughleighartsandcrafts.co.uk (the Website) is a venue which enables you to buy unique artwork from LoughLeigh Arts & Crafts.
At LoughLeigh Arts & Crafts we pride ourselves on delivering the highest standard of Artwork and the highest standard of professionalism, from the moment you choose your piece to the moment it arrives at your door. With this in mind, we advise you to read our terms and conditions as stated below before you place your order. We want to protect your interests so you keep coming back to us!
By using the website and placing an order the Buyer (referred to as “you” in these Buyer Terms and Conditions) are in agreement of with our terms and conditions and therefore have entered a legally binding agreement with LoughLeigh Arts & Crafts (referred to as “we” “our” “us” or “LoughLeigh Arts & Crafts” (referred to as “you” in these Buyer Terms and Conditions).)
1 DEFINITIONS
The Website User Terms and Conditions form part of these Buyer Terms and Conditions. For your ease we have included the definitions within these Buyer Terms and Conditions.
“LoughLeigh Arts & Crafts Services” means the services we supply by providing the Website, using the Website, and facilitating orders.
“Artist” means any person and/or organisation who displays Artwork for sale on the Website.
“Artwork” means the pieces of art/artwork/products which a Buyer agrees to buy from the Artist using the Website, including Commissions and Made to Order, as described in the individual listing on the Website.
“Buyer” means the person and/or organisation who uses the Website and may buy Artwork.
“Consumer” shall have the meaning ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges)
“Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
“Made to Order'” is Artwork which is painted/made for the Buyer based on an original piece of artwork which the Buyer likes. They will be similar to the original but, because of their very nature, will have variations in the design and colour, and no two paintings will be exactly the same in appearance. Made to Order Artwork will not be an exact replica of the original.
“Mainland UK” includes many delivery addresses in England, Wales, N Ireland and mainland Scotland but does exclude some postcodes. Please contact us and confirm those excluded postcodes prior to ordering.
“Order confirmation” means the email confirming the Buyer’s order and will confirm such details as what the Artist has agreed to supply, the price and expected delivery/supply date.
“Standard Delivery” means a method of delivery within Mainland UK, using a carrier approved by us, which is insured to at least to the value of the sale price for the Artwork being sent and for which the carrier obtains a signature upon delivery to show receipt.
“Terms and Conditions” means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed in writing by us.
“Upload onto the Website” means any submission or post, including any Artist’s information regarding any Artwork for sale, in any format, including any post, content or anything whatsoever which a user uploads or provides to us for upload and subsequently appears and can be viewed on the Website. This includes taking part in any available feedback, review, discussion, forum etc.
“User” or “you” means anyone using and/or visiting the Website for any purpose including, but not limited to, Buyers and Artists.
“We”, “Us”, means the organisation who supplies and owns this Website, LoughLeigh Arts & Crafts, 305 Park Road, Loughborough, Leicestershire, LE11 2HF, loughleighartsandcrafts@gmail.com
“Website” means the website and all content at www.Loughleighartsandcrafts.co.uk
“Working Days” means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.
CONDITIONS
(1) These Terms and Conditions (which also include our Website User Terms and Conditions apply the use of the Website and purchase of Artwork and prevail over any other agreement, documentation or communication whatsoever between us and can only be varied if agreed between us in writing. Any special conditions which apply will be set out in the Order Confirmation.
(2) Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.
(3) From time to time we may change these Terms and Conditions and it is your responsibility to check the Terms and Conditions which apply as at the time of your order. We also advise you print these terms as soon as you have placed your order.
(4) Any queries must be in writing to the address stated in Clause 1(15).
3 THE ARTWORK
(1) Responsibility for Sales and Artwork - We are a venue which enables you to buy unique artwork from us, using the Website which is owned and operated by us, LoughLeigh Arts & Crafts.
(2)(a) Details of the Artwork for sale are displayed on the Website and can be ordered by our order form available on the Website or email us before placing your order.
(b) Any quotes will be valid for a period of 14 days. Any specification, descriptions or Artwork details in any format or any form of advertising material are shown by us to provide some indication of the Artwork and are not part of any agreement unless specifically stated within the Order Confirmation.
(3)(a)(i) You can place an order by our website but we reserve the right not to accept orders for any reason.
(ii) Once your order has been accepted you will be provided with an Order Confirmation email
(b) Details of the Artwork which we will be supplied to you are contained within the Order Confirmation. Only the Artwork as detailed in the Order Confirmation is included. Since you are buying directly from us we will provide you with your invoice via emai.
(4) If we are unable to supply any Artwork then we will, at our sole discretion,
cancel the order, and you will be provided with a full refund within 14 days.
Made to Order – once Artwork has been completed then you will then we may send images for approval. Although by law you have no right to cancel these orders you are given a 14 days period in which to change your mind and return the Artwork, provided it is returned in its original condition and you return it ensuring that it fully insured until we take delivery.
PRICE AND PAYMENT
(1) The price of the Artwork, which includes any applicable VAT or taxes, is as displayed in GBP on the Website at the time of purchase. Please refer to clause 3(5) for Commissions and Made to Order. The price that you will pay will be confirmed in the Order Confirmation and the Artist will supply you with your invoice. Additional Artwork or services will be subject to additional charges. Unless otherwise specified in writing, you must pay in advance before Artwork is despatched.
(2)(a) The Price of standard delivery within Mainland UK is based on the current rate by Royal Mail. Each order is tracked.
(3) Payment must be made to us on receipt of your invoice and must be made before the item is made and dispatched. Payments are made securely through square and can be
If you do not pay the balance payment when it is due then the Artwork will no longer be reserved for you, may be offered for sale to someone else. You will receive 4 reminders to pay over 4 days, at which point if you have not paid your order will be cancelled.
Once you have placed an order you are responsible for payment you are responsible for payment and, if you do not pay or there are any problems with your chosen method of payment, you remain responsible for payment. If payment is not received when it is due then
DELIVERY
Delivery is arranged by Royal Mail to the address you provide us by email or on your invoice , as provided by you on the Order Confirmation.
Delivery times are estimates and not guaranteed. Average delivery turn around is 4-5 working days.
Multiple pieces of Artwork may be despatched individually.
Delivery charges are non refundable, unless the Artwork that is supplied to you. Any returns is sent direct to us at the cost to the buyer. You are entitled to a refund for your goods if they are deemed faulty or damaged. We will try our hardest to ensure that the goods arrive to you undamaged and are covered with postage insurance.
If you have any particular shipping requirements then you must please contact us directly loughleighartsandcrafts@gmail.com
Despatch and delivery times are only estimates and neither we are not able to be responsible for late delivery or unavailability of Artwork, we will however try our best to supply your goods in the quickest time possible..
We aim to provide you with estimated delivery dates within 7 days of the date of your order and aim to deliver within 14 days of the date of your order.
If we are unable to deliver within 14 days of the date of your order then we will
(i) provide you with a revised delivery date or
(ii) cancel your order and refund payment made by you.
If for some reason the Artist is unable to dispatch the exact Artwork you have ordered, then we will either refund the price paid for that item or will email you and offer you an alternative item.
You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork. Risk in Artwork passes to you upon delivery of the Artwork.
Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.
When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened please inform us straight away by email with photo evidence at loughleighartsandcrafts@gmail.com
CONSUMER CANCELLATION RIGHTS
This clause only applies to you if you are a Consumer and want to exercise your Consumer cancellation rights.
Consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to us. Please note that these cancellation rights do not apply to any Made to Order Artwork.
If you would like to return your order, please confirm this in writing by contacting us by emailing us at loughleigartsandcrafts@gmail.com within 14 days following the date you received your order (or from the date you received the last item which completed your order). We will then help you with information about the Returns Method, about how and when to return the item to us and provide you with a Cancellation Form if you would like to use it or we may also wish to assist by arranging collection of the Artwork from you.
Artwork should be returned unused and in perfect condition with the original packaging, within 14 days of the date you advise us of your cancellation, at your expense using the postal address as provided on the invoice using a service which provides you with proof of sending.
Unless your item is faulty or we have agreed otherwise with you prior to you returning the Artwork, then you will be responsible for the costs in returning the item to the Artist.
We ask that you please repackage the Artwork in its original packaging securely, to guard against damages, and remove all shipping labels and, where applicable, print the address and shipping label we send to you via email on behalf of the Artist and attach to the parcel.
The law enables sellers (the Artist) to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.
Unless you have lost the right to cancel, when you cancel an order for Artwork we will refund the amount you paid for the Artwork and the standard delivery costs (the cheapest option we provide). So, for example, if you have chosen any express or next day delivery options you will only be reimbursed the amount of our standard delivery costs.
Where you cancel an order for Artwork then we will refund you within 14 days of
- the date we receive the Artwork
- the date you supply us with evidence of having sent the Artwork back to us
whichever is sooner.
Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
FAULTS, PROBLEMS WITH YOUR ORDER AND RETURNS
(1)(a) Where there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, then we ask that you contact us directly email us at loughleighartsandcrafts@gmail.com within 14 days after the day you received the Artwork.
Consumers may have a right to reject some faulty Artwork but this right is limited to 30 days from the date you purchased the Artwork.
Depending on the problem with your order we will advise you whether
You should send photos of the damage Artwork and packaging and retain the artwork as you are advised.
You should retain the Artwork and all original packaging for 30 days so that it can be inspected
When returning any Artwork we ask that you please repackage the goods securely, to guard against damages, and remove all shipping labels and print the address and shipping label we send to you via email, and attach it to the parcel.
Within 14 days of receipt of the faulty Artwork we/the Artist will either
repair the Artwork OR
provide a replacement OR
provide a refund, to include any standard delivery charges you paid when you placed your order and your
Refunds are made with 14 days of the date the Artwork is receive using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account
LIMITATION OF LIABILITY AND INDEMNITY
(1) Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.
(2) We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
(3) Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork. Please see clause 11 of the Website Terms.
(4) You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.