TERMS AND CONDITIONS OF BUSINESS
Please read these terms and conditions of business carefully as they contain details of the legal contract between you (the buyer) and me (the seller) when you place an order for one of my pictures.
2. ‘YOU’, ‘YOUR’ means the person who places an order for one or more of my Pictures.
3. ‘I’, ‘ME’, ‘MY’ means Sally Davies, trading as ‘Attic Light’ at 1 Berwick Cottages, Burton Bradstock, Bridport, Dorset, DT6 4NE, United Kingdom.
‘CONTRACT’ means the contract of sale and purchase when you place an order for one or more of my Pictures and I deliver it or them to you in exchange for payment by you of the Price.
‘PICTURE means any picture or which I am to sell to you in accordance with these Conditions.
‘ORDER’ means your order for one or more of my Pictures.
‘PRICE’ means the price inclusive of postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
‘CONDITIONS’ means the standard terms and conditions of business set out in this document.
‘WRITING’ includes email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
2. The Contract
These Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which you may seek to apply under any purchase order or other document. Any variation of these Conditions of will only become binding on me if I have agreed in Writing.
3. Orders for Pictures
a. All Pictures are offered for sale subject to availability. In particular, you should note that I offer only limited edition Pictures for sale and it is possible that the limit on the Picture of your choice may have been reached when your order is received. In that event I shall notify you in Writing immediately to enable you to make an alternative choice.
b. I do my best to display and describe as accurately as possible the printed colours of the Pictures which appear on my website, but I cannot undertake to give any assurance that the colours of Pictures supplied will exactly match those displayed on your monitor.
c. All Pictures are offered for sale in mounted form only. For long life and enjoyment of your Picture(s) after delivery I recommend that you ensure they are properly framed behind glass and avoid, wherever possible, exposure to direct sunlight.
4. Prices and payment
a. All Prices are stated in £Sterling and include postage and packing. If you are purchasing for delivery overseas you should note that you will be responsible for any taxes applicable in the territory to which the Pictures are sent.
b. Payment must be made by PayPal at the time of placing an Order. Payment in full will be taken at the time of posting the Picture(s) to you and the Contract will be in force. If you do not have a PayPal account, payment may alternatively be made by cheque drawn in £Sterling, which will be presented upon receipt at the address printed in Condition 1 above, but please note that delivery of your Picture(s) will only be made upon clearance of the cheque for payment in full of the Price.
c. In placing an Order you undertake to me that all details provided to me for the purpose of the Order and its delivery will be correct and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. I reserve the right to obtain validation of your PayPal details before accepting your Order.
a. The place for delivery of the Picture(s) will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
b. I will do my best to process the Order and produce the Picture(s) as quickly as possible. Usually you should expect to receive your Picture(s) within 14 days of the date of your Order, but there may be seasonal and other variations from time to time. Time for delivery will not be of the essence of the Contract and I am unwilling to be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Picture(s) howsoever caused. In the event it becomes clear that I am going to be unable to deliver your Picture(s) within 28 days of the date of your Order I shall notify you of this in Writing and you will have the option to either accept a later delivery date or cancel your Order.
c. You must inspect your Picture(s) immediately upon receipt and if it (or they) are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in Writing at the time of delivery and signed by you.
d. If more than one Picture has been ordered, I may make delivery of the Pictures by instalments. If the Pictures are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the Contract (as a whole) as repudiated if I fail to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.
e. If you should wrongfully fail to take delivery of your Picture(s), I shall be under no obligation to refund the Price
f. Pictures may not be returned to me for any reason except as provided in Condition 7 below.
6. Risk and Ownership
a. Risk of damage to or loss of the Picture(s) will pass to you on delivery at the agreed address.
b. On the other hand, legal ownership of the Picture(s) will not pass from me to you until I have received full payment of the Price and all other sums which are due, owing or payable by you to me in respect of the Contract or any other Contract between you and me.
7. Returns, refunds and rights of cancellation
a. You will have the right to cancel any Order only in the following circumstances:
(i) for any reason within 7 days from the date of delivery, or
(ii) if I have failed to deliver the Picture(s) ordered within 28 days after the date of the Order (unless we have agreed a later delivery date), or
(iii) in the case of any Picture being damaged or defective, at the earliest opportunity after you have discovered the damage or defect (provided that you will be deemed to have inspected the Picture as soon as reasonably practicable after delivery and in no case, other than in very exceptional circumstances, longer than 7 days after receipt).
b. Notice of the wish to cancel must be made to me by email at the email address shown on my website.
c. For the avoidance of doubt (and other than where the Picture(s) are damaged or defective, nothing in these Conditions shall give to you rights of cancellation in regard to any Pictures which may have been made to your particular specifications or clearly personalised.
d. In the case of cancellation under Condition 7(a) (ii) or (iii) above, I shall be responsible for refunding all sums paid by you (including re-
e. Any Pictures which are returned by you to me must be returned in their original packaging (which you should retain for the purpose) and must be in unmarked pristine condition.
8. My liability to you
a. I will not be liable for any damaged or defective Picture(s) unless a claim is notified to me in Writing in accordance with Condition 7a (ii) or, where upon reasonable inspection of the Picture(s), you should have become aware of such damage or defect. The notification must include full details of the claim. In the case of a valid claim, I may, in my sole discretion, replace the Picture(s) or refund to you the Price (or an appropriate proportion of the Price in the case of multiple Orders). I will have no further liability to you in respect of the matters referred to in this Condition 8a.
b. I will not be liable in any way for loss, damage, costs or expenses of any kind arising directly or indirectly from any failure or delay by me in performing any obligation under this Contract by reason of any event or circumstance outside my reasonable control, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
c. My liability in respect of any and all claims arising out of the performance or non-
d. Except to the extent otherwise provided by law, this limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract.
e. It is up to you to take precautions to ensure that whatever computer equipment and/or software selected for use by you to review my website is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will I be liable to you or any other any party associated with you for any direct, indirect, special or other consequential damages for any use of the photoartbysally.co.uk website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if I have been expressly advised of the possibility of such damages.
9. Intellectual Property
a. This website is owned by me and is operated under photoartbysally.co.uk. Unless otherwise noted in this website, I own the copyright with respect to all content on the website. Content includes: Pictures, text, graphics, logos, trade marks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of my copyright. Additionally, this website may, from time to time, contain other proprietary notices and copyright information, the terms of which must be observed and followed.
b. Nothing contained on the website should be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the website or any Pictures and information displayed on the website, except: (a) as expressly permitted by these Conditions; or (b) with the prior written permission of me or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
10. Data Protection
a. I am a registered data controller within the meaning of the Data Protection Act 1998 (“the Act”).
11. General Provisions
(i) Any notice given or made by either you or me under the Contract must be in Writing
(ii) This Condition will not apply in relation to the formal service of any court documentation.
b. Governing law and jurisdiction
(i) The Contract shall be governed by and construed in accordance with English law.
(ii) You and I agree that the courts of England are to have non-
If I choose not to exercise a right or power when I am able to do so this will not prevent me exercising that right or power in the future. When I do exercise a right or power I may do so again in the same or a different manner.
d. Statutory Rights
The rights of you and me and remedies under the Contract are additional to and not instead of, any other rights and remedies we may have at law.
e. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, I cannot guarantee that my website will be available 100% of the time. Although I will do my best to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and I disclaim any liability for damages resulting from such problems.
f. Typographical Errors
Information on my website may contain technical inaccuracies or typographical errors. I do my best to make its descriptions as accurate as possible, but do not warrant that the content of my website is accurate, complete, reliable, current, or error-
A link to a non-
h. My right of change and amendment