Terms and conditions
The artist, Andrew Alan Matthews hereby verifies that the artworks he produces are original artworks. The purchaser will, hereafter, own the work, canvas and other materials but the artist Andrew Alan Matthews retains copyright.
No part of the work may be reproduced, photographed or transmitted in any form without prior permission in writing from the artist Andrew Alan Matthews and without this condition being imposed on any subsequent purchasers.
These terms and conditions regulate the business relationship between you and me By using my Web Site in any way, or by buying from me, you agree to be bound by them.
No person under the age of 18 years may purchase Goods.
I am, Andrew Alan Matthews, my website is andrewalanmatthews.co.uk
Domain and website is provided by Go Daddy
You are: a visitor to my Web Site
1 Definitions
In this agreement:
“Carrier” means any person or business contracted by me to carry Goods from me to you, whether all or part of the distance.
“My Web Site” means that of which I have control over, i.e. the content meaning pictures and text produced by me on my website and not the hardware or software itself.
“Goods” means any of the Goods I offer for sale on my web site
“Content” means information in any form published on my Web Site by me or any third party with my consent.
2 My contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to my Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of my Goods.
2.2 Goods advertised may not be available.
2.3 I shall accept your order by e-mail confirmation through my online shop on my website. The email message from my online shop will also confirm details of your purchase. That is when our contract is made. I will also send you an email message to you advising when the artwork will be posted and by what method, either by recoded delivery or standard post with tracking numbers for you to track the delivery.
2.4 I may change these terms from time to time. The terms that apply to you are those posted here on my Web Site on the day you order Goods.
2.5 All descriptions, weights and sizes of Goods are calculated from me Andrew Alan Matthews the Artist, there may be a slight variation of sizes and accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6 If the Goods you order are not available, I will offer you alternatives before I despatch your order. If this happens you may:
2.6.1 accept the alternatives I offer;
2.6.2 cancel your order;
2.6.3 leave the order valid but tell me to omit the out-of-stock item.
2.7 If I owe you money (for this or any other reason), I will credit your account as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
2.8 Your contract is with me, Andrew Alan Matthews
3 Price and Payment
3.1 You must pay me the full price of your order before I will send any part of it.
3.2 Banking charges by the receiving bank on payments to me will be borne by me. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.3 Any details given by me in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to me under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give me
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. I need this information to provide you with the Goods.
4.2 I will use my reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact me within 3 months of purchase.
5 Delivery
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If I am not able to deliver your Goods within 30 days of the date of your order, I shall notify you by e-mail to arrange another date for delivery.
6 Returns and refunds
Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
6.1 All correspondence regarding the return of Goods shall be carried out between You and me.
6.2 You must tell me you wish to cancel within 14 days of your receipt of the Goods
6.3 In any event, you may not cancel orders for artworks commissioned by me Andrew Alan Matthews
6.3.1 any commissioned artworks carried out by Andrew Alan Matthews would need to place a £30 non-refundable deposit to cover the cost of materials.
6.3.2 when the commissioned artwork is completed then the £30 non-refundable deposit will be deducted from the total cost of the artwork.
6.3.2 The Goods must be returned to the artist within 21 days of delivery:
6.3.3 with both goods and all packaging in their original condition;
6.3.4 securely wrapped;
6.3.5 including my delivery slip;
6.3.6 at your risk and cost.
6.5 After I Andrew Alan Matthews the artist has received the Goods, I will credit your account with the full purchase price of the goods returned no later than 30 days from the date of receipt;
6.6 If you do not return the Goods to me, you are still liable to me for the cost.
6.7 I am under no obligation to collect or recover Goods from you, but if I do, my costs will be payable by you.
7 Disclaimers
7.1 I Andrew Alan Matthews may make improvements or changes to my Web Site, the Content, or to any of the Goods, at any time and without advance notice.
7.2 You are advised that Content may include technical inaccuracies or typographical errors.
7.3 I give no warranty and make no representation, express or implied, as to:
7.3.1 the adequacy or appropriateness of the Goods for your purpose.
7.3.2 the accuracy of any information given on my Web Site;
7.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
7.3.4 compatibility of my Web Site with your equipment software or telecommunications connection.
7.3.5 compliance with any law;
7.3.6 non-infringement of any right.
7.4 My Web Site contains links to other Internet web sites. I have neither power nor control over any such web site. You acknowledge and agree that I 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.
7.5 I am 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 my Web Site or the purchase of Goods.
7.6 In any claim against me my liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
8 Content and Intellectual Property Rights
8.1 Title, ownership rights, and intellectual property rights in the Content whether provided by me or by any other Content provider shall remain the sole property of me and / or the other Content provider. I will strongly protect its rights in all countries.
8.2 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.
8.3 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.
9 website violations
9.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of my website.
9.1.2 taking any action to obtain Goods to which you are not entitled.
9.1.3 You agree to indemnify me against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
9.1.4 any violation of my website as set out above;
9.1.5 your use of my Web Site;
9.1.6 any other breach or violation of this agreement by you;
9.1.7 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
10 Indemnity
You agree to indemnify me 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 my 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.
11 Contractual Limitation
Where I 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 me in respect of any such goods.
12 Rights of third parties
Nothing in this agreement or on my web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
13 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.
14 No Waiver
No waiver by me, 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.
15 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and me, then you agree to attempt to settle the dispute by engaging in good faith with me in a process of mediation before commencing arbitration or litigation.
16 Force majeure
I am not liable for any breach of my obligations resulting from causes beyond my reasonable control including delays of third parties.
17 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.
