Terms and Conditions
1. Definitions
"Buyer" means the person(s), firm or company who purchases Goods from the Supplier
"Supplier" means Neil Wallman of 30 Cratherne Way, Kings Hedges, Cambridge, CB4 2LZ
"Contract" means any contract between the Supplier and the Buyer for the sale and purchase of Goods, incorporating these Terms
"Goods" means any goods agreed in the Contract to be supplied to the Buyer by the Supplier
2. General
2.1 The Contract is subject to these Terms which shall apply to the exclusion of all other terms not expressly agreed to in writing by the Supplier, whether express or implied by law or otherwise.
2.2 Each order for Goods by the Buyer from the Supplier shall be deemed to be an offer by the Buyer to purchase Goods subject to these Terms. No order placed by the Buyer shall be deemed to be accepted by the Supplier until a written acknowledgement of order is issued by the Supplier or (if earlier) the Supplier delivers Goods to the Buyer.
2.3 All Goods are subject to availability and may be withdrawn at any time. If the Buyer’s order cannot be fulfilled the Buyer will be offered an alternative or given a full refund. The Supplier reserves the right to refuse an order.
2.4 All drawings, descriptive matter and advertising issued by the Supplier and any descriptions or illustrations contained in or on the Supplier’s web site are for the sole purpose of giving an approximate idea of Goods described in them. They will not form part of the Contract.
2.5 The Buyer acknowledges that Goods may be liable to damage and fading if suitable precautions are not taken by the Buyer and no warranty is given in relation to this.
3. Price and Payment
3.1 Unless agreed otherwise in advance and in writing, the Supplier shall not be bound to deliver Goods until the Buyer has paid for them in full.
3.2 All prices are subject to change. Unless otherwise specified, prices are exclusive of packing, carriage, VAT and any other duty or tax payable by the Buyer which shall be added to the price. See the Landscapes, Portraits, Artworks, DVDs and Shipping Costs web pages for details of applicable charges.
4. Delivery
UK Postage and Special Delivery ™ can only be made to addresses in the UK mainland. Any dates specified by the Supplier for delivery of Goods are intended to be an estimate only. If no dates are so specified, delivery will be within a reasonable time. For addresses outside the UK the correct delivery surcharge must be selected otherwise the order will not be fulfilled and the Buyer will be offered the option to pay the correct surcharge in order to continue the order, or else be given a full refund. The Supplier reserves the right to refuse an order.
5. Returns
This clause 5 shall only apply if the Buyer is acting for purposes outside his business. Provided the Buyer keeps Goods in 'as new' condition, the Buyer is entitled to withdraw from this Contract without stating the cause within 7 days of delivery. The Buyer must communicate in writing such withdrawal to the Supplier within that 7 day period. The Supplier reserves the right to re-imbursement of the costs of delivery where Goods are returned under this clause 5.
6. Warranty and Liability
6.1 If the Buyer is a consumer, the Buyer’s statutory rights are unaffected by this clause 6.
6.2 All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law save that nothing in these Conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
6.3 The Supplier’s total liability under the Contract (whether in contract, tort, misrepresentation or otherwise) for all claims arising out of or in connection with the Contract, shall be limited to the amount paid for the Goods.
6.4 The Supplier shall not be liable for any loss of profits, business, revenue, loss or depletion of goodwill or anticipated savings or any indirect or consequential or economic loss whatsoever howsoever arising out of or in connection with the Contract.
7. Miscellaneous
7.1 The Contract is not intended to confer a benefit on any third party, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise, and no third party shall have any right to enforce any of the provisions of the Contract.
7.2 All design, text, graphics, selection and arrangements thereof in relation to the Goods is the copyright of the Supplier. The Buyer shall not copy, fax, scan or in any other way reproduce or copy the Goods without the prior written consent of the Supplier.
7.3 The Supplier reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Supplier.
7.4 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable it shall to the extent of such illegality, invalidity or unenforceability be deemed severable and the remaining provisions of the Contract shall continue in full force and effect.
7.5 The Contract shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts in respect of any dispute or claim arising out of or relating to the Contract.