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Terms and Conditions

 

1. About us

We are Artmother Limited (trading as artmother), a company registered in England and Wales with company number 13397724. Our registered office is at Stokoe Rodger, Unit 15 The Watermark, Bankside, Gateshead, Tyne And Wear, NE11 9SY. Our VAT number is 406 8845 74.

2. How to contact us

You can contact us by sending an email to contact@artmother.com or calling us on +44 (0)20 4538 7633.

3. These terms

3.1 These terms apply to any purchases you make in person or using distance means, for example over the telephone, by the exchange of emails or online. Please read these terms carefully before you place any orders, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.

3.2 For the purposes of these terms, you are a ‘consumer’ if you are buying artwork(s) as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying artwork(s) for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.

3.3 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to artmother and any reference to ‘you’ or ‘your’ is to the person placing an order.

3.4 You must be at least 18 years old to place an order. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.

3.5 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

3.6 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.

4. Orders

4.1 Please check your order carefully and correct any errors before you submit it to us.

4.2 After you place your order, we will send you an acknowledgment email to let you know that we have received your This does not mean that your order has been accepted by us. Your order is an offer to buy artwork(s) from us on these terms.

4.3 Acceptance of your order by us takes place when we dispatch your order to you, at which point a legally binding contract is formed between you and us on these terms. We will send you a shipping confirmation email to let you know once your order has been dispatched.

4.4 If we do not accept your order, for example because we have been unable to pre-authorise the payment, artwork(s) is/are unavailable, you are under 18 or there has been a mistake regarding the pricing or description of the artwork(s), we will email you using the details you provided when you placed your We have the right to reject any order for any reason.

5. Availability

All orders are subject to availability. We cannot guarantee that any artwork will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain artwork. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund (including any delivery costs) if payment has already been taken.

6. Making changes to your order

If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.

7. Artwork descriptions

7.1 Descriptions of our artwork(s) are set out on our site.

7.2 All artworks are accompanied by a certificate of authenticity.

7.3 Please read the description and specifications of artwork(s) carefully. Pictures and images of the artwork(s) on our site are for illustration purposes only. We cannot guarantee that the colours displayed on your device will match exactly the appearance of your artwork(s). The colours of the artwork(s) displayed on our site may vary depending on what device you are using and your settings.

8. Use restrictions

8.1 If you are a consumer, you must use/display our artwork(s) only for domestic and personal use. You must not use our artwork(s) for commercial, business or resale purposes.

8.2 If you are a business customer, you must use/display our artwork(s) within your business only. You must not use/display our artwork(s) for resale purposes.

9. Prices

9.1 Prices for our artwork(s) are set out on our site. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. For information on delivery options and costs, go to artmother.com/shipping.

9.2 Prices for our artwork(s) and delivery charges may change at any time. Except as set out in clause 9.3, such changes will not affect existing orders.

9.3 If there has been an error on the site regarding the pricing of any of our artwork(s) and this affects your order, we will try to contact you using the contact details you provided when you placed your We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.

10. Payment

10.1 We accept all major credit cards and debit cards. You can also pay by PayPal. All credit card and debit card payments need to be authorised by the relevant card issuer.

10.2 We will take payment from your card on acceptance of your order. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.

11. Delivery dates and costs

11.1 For information on delivery options and costs, go to artmother.com/shipping. You will be given available delivery options to choose from when you place your order.

11.2 Your order will be delivered in accordance with the delivery option (see clause 11.1 above regarding delivery options) agreed with us.

11.3 Any delivery dates stated during the order process, or in your order acknowledgment or shipping confirmation emails, are estimates, unless we have agreed a specific delivery date with you.

11.4 We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).

12. Delivery

12.1 We will deliver your order to the address specified by you when you placed your order.

12.2 If no one is available to take delivery, we will [post an attempted delivery notification through your letterbox with information on how to re-arrange delivery OR follow the delivery instructions you provided to us (eg leaving it in a specified safe location or delivering it to a neighbour or nearby business) and [post a delivery note through your letterbox OR email you] to let you know where we have left your package]. If [a further delivery attempt is unsuccessful OR we are unable to follow your delivery instructions], we will notify you by email, cancel your order and refund you the price of the artwork(s) (but not the delivery charge).

12.3 Please examine the artwork(s) as soon as reasonably possible after delivery and notify us of any damage or misdescription (as defined in clause 13.5).

12.4 Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, or collected, as applicable, the risk in the artwork(s) passes to you and the artwork(s) are classed as having been ‘delivered’. This means that you are responsible for the artwork(s) and we are not liable to you if the artwork(s) are stolen or damaged after they have been delivered to you/collected. This does not affect your legal rights if the artwork(s) are damaged or misdescribed (as per clause 13.5). Ownership of the artwork(s) passes to you once you have paid it/for them in full.

13. Consumer cancellation rights

This clause 13 only applies to you if you are a consumer

13.1 You have 14 days from the delivery date to change your mind and cancel your order.

13.2 To cancel your order, please email us at contact@artmother.com or call us on [insert number]. [You can also use the cancellation form available here [link to model cancellation form]]. To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.

13.3 If you have already received your order, you must return the artwork(s) to us within 14 days of telling us that you want to cancel your The deadline is met if you send the artwork(s) back to us before the 14 day period has expired. We strongly recommend that you get proof of postage. We may withhold the refund until we have received the artwork(s) back from you or until you have provided us with evidence that you have sent the artwork(s) back (whichever is earlier).

13.4 Artwork(s) must be returned to us in the same condition as on delivery/collection and in their original packaging or using like/appropriate materials. We may make a deduction from the refund amount if you have handled the artwork(s) in a way that has diminished their value, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the artwork(s), or if any bespoke or specialist packaging has been damaged. You are responsible for the artwork(s) while they are in your possession.

13.5 Unless your artwork(s) is/are damaged or there has been a mistake in our description of the specifications of the artwork(s) (“misdescribed” or “misdescription”), you are responsible for the cost of returning the artwork(s) to us. For information on how to return your artwork(s) to us, [go to [insert link to returns page]. Please note that we take detailed photographs of artwork(s) before it/they are packaged ready for delivery.

13.6 We will provide you with a full refund (including basic delivery charges) as soon as possible. If you cancelled before you received any artwork(s), we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent artwork(s) back to us, we will issue the refund no later than 14 days after the day we receive the artwork(s) back from you.

13.7 We will issue your refund to the same payment method you used when you placed your order.

14. Damaged/misdescribed artwork(s) – consumers

This clause 14 only applies to you if you are a consumer

14.1 The artwork(s) that we provide to you must be as described and undamaged. We are under a legal duty to supply artwork(s) that are in conformity with our contract with you. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133].

14.2 If your artwork(s) is/are damaged or misdescribed (as defined in clause 13.5), please contact us as soon as reasonably possible.

15. Damaged/misdescribed artwork(s) – business customers

This clause 15 only applies to you if you are a business customer

15.1 We warrant that the artwork(s) will at the date of delivery (as described in clause 12.4):
15.1.1 conform in all material respects to their descriptions on the site; and
15.1.2 be undamaged (please note that we take detailed photographs of the artwork(s) before it/they are packaged ready for delivery).

15.2 We will refund any artwork(s) that do not comply with clause 15.1, provided that:
15.2.1 you notify us by email to contact@artmother.com within 5 days from delivery;
15.2.2 you provide us with sufficient information as to the nature and extent of the damage;
15.2.3 you give us a reasonable opportunity to examine the damaged/misdescribed artwork(s); and

15.3 Except as set out in this clause 15, we give no warranties and make no representations in relation to the artwork(s), and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

16. Events beyond our control

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

17. Our liability

17.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

17.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

17.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

18. Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

19. No third party rights

No one other than us or you has any right to enforce any of these terms.

20. Complaints

If you are unhappy with us or the artwork(s) you ordered, please contact us at contact@artmother.com.

21. Governing law and jurisdiction

21.1 The laws of England and Wales apply to these terms and conditions.

21.2 The courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).

22. General terms

22.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

22.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

22.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

22.4 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.

22.5 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.