General conditions of sale
Mary Donald - General Conditions of Sales
Valid from 1 June 2019
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we supply artwork to you, referred to as "you" or "customer”. They govern all orders by telephone or on the Website www.marydonald.co.uk (each an "order") to the exclusion of all other terms.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide artwork to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 Information about us and how to contact us.
We are Mary Donald. And the postal address is 20A Magdalen Road Exeter EX2 4TD, referred to in these terms as "we", "us" or "our".
Before using our website and associated webpages (the "Website") and/or placing an order, we kindly ask you to carefully review all the terms included in the present General Conditions of Sales together with the Privacy Policy and the Website Terms of Use.
Our General Conditions of Sales may be modified from time to time by posting a new dated version on the Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order Artwork from us, unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order.
Any order can be delivered to the United Kingdom of Great Britain and Northern Ireland, the Channel Islands, the Isle of Man, France, Spain, Italy, Germany, Belgium, Denmark, Greece, Guernsey, Iceland, Ireland, Switzerland, Luxembourg, Netherlands, Norway, Portugal, Poland, Sweden and Turkey. Shipping quotes can be given to selected countries outside of these area via emailing the studio direct.
2. ORDERS
2.1 Personal details
Before you can place an order, you will be required to provide personal information, such as your name, address and email address, that will need to be valid and up-to-date.
2.3 Order process
You can place your order by internet on the Website. An order of Artwork through the Website is placed by clicking on the "Add to Basket" button and proceeding to the checkout page. After placing an order for Artwork on the Website, you will be given the opportunity to review your order, choose your delivery method and check the total price.
After accepting the General Conditions of Sales, you will be invited to provide payment details to finalise your order.
2.4 Order confirmation
Once you have submitted and confirmed your order, we will acknowledge receipt of the order by setting out details of the ordered Artwork. This acknowledgement confirms our acceptance of your offer to purchase the ordered Artwork and creates a contract for the sale of Artwork between you and us.
2.5 Prices
The prices payable for the items you order are those displayed on the Website on the date you place your order, inclusive of VAT but exclusive of delivery charges.
Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the Artwork, number of items and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.
2.6 Payment
Payments can be made by Paypal.
No order will be shipped until payment is received or payment has been authorised or processed. The data registered by our payment system constitutes full proof of the financial transactions.
3. DELIVERIES
3.1 Delivery
Your order will be delivered to the delivery address you specified when placing your order. Our delivery partners (Royal Mail and UPS) may contact you by SMS, telephone and/or email with information regarding your order and delivery. We do our utmost to ensure standard deliveries within 10 days to the UK mainland and within 14 days to the Scottish Highlands and Islands, Scilly Isles, Isle of Man, Isle of Wight, Channel Islands, France, Italy, Germany, Spain, Belgium, Denmark, Greece, Guernsey, Iceland, Ireland, Switzerland, Luxembourg, Netherlands, Norway, Portugal, Poland, Sweden and Turkey.
In case the delivery has not occurred within the above indicated period, you should either make contact with us to agree on an additional delay to deliver the Artwork, or cancel your order by notifying us.
3.2 Transfer of property and risk
The delivered Artwork shall remain our property until you have paid all amounts owing under the agreement in full, including the payment of all costs included in the order confirmation. All risk of loss or damage to the Artwork shall be transferred to you upon your taking delivery (or of any persons acting in your place).
3.3 Copyright
The Artwork provided by us does not carry the right of reproduction. In other words, while the Artwork, in accordance with Article 3.2 above, becomes yours, you do not have the right to copy it. Accordingly, without our permission you may not use it to create cards or pictures.
3.4 Artwork verification
At the time of the delivery, you may be asked to verify that the number of items being delivered corresponds to that indicated on the delivery confirmation and that the Artwork is intact, undamaged, not wet and unaltered in any manner. In case you observe damage or missing items, you must notify us within a reasonable period after you discovered the damage or missing item and not later than two days. We shall in such case provide you with, if possible, a replacement Artwork. This does not affect your legal warranty statutory rights. These are summarised below.
4. RETURNS AND AFTER SALES
4.1 Cancellations
If you cancel your order before you have received Artwork, you are entitled to refuse the delivery of the Artwork and we will refund you in full without undue delay and in any event within 14 days after you have notified us of cancelling your order.
4.2 Right of withdrawal
You may decide to cancel your contract at any time from the date of the shipment confirmation up until the date that is 14 days from receipt by you of the Artwork (or in the case of partial delivery, 14 days from receipt of the last of the Artwork forming part of the same order) by filling out the withdrawal form that can be found at the end of these General Conditions of Sale, or by calling us and leaving a message on 01395 232151. Once you have notified us of your intention to return the Artwork, you will have 14 days to return the Artwork to us, in accordance with our return policy detailed in Article 4.4 of these General Conditions of Sales. You are liable for any diminished value of the Artwork resulting from the handling by you other than what is necessary to review the Artwork.
4.3 Effects of withdrawal
If you exercise your withdrawal right, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we have received the Artwork back or you have supplied evidence of having sent back the Artwork, whichever is the earliest. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
4.4 Return Policy
When you return the Artwork, you must return it to us in an undamaged condition at your expense (unless the Artwork is faulty or not as described) without undue delay and in any event within 14 days from informing us of your intention to return the item. Insofar as possible and practicable, the Artwork should be returned in their original condition and packaging.
All returned Artwork should be accompanied by the invoice. The deadline is met if you send back the Artwork before the period of 14 days has expired. Your legal rights regarding defective Artwork (those that are faulty or mis-described) are not affected by your rights of return and refund in this Article 4 or by anything in these General Conditions of Sales.
4.5 Warranties
Artwork is guaranteed by us to be free of defects for a period of one year which is without prejudice to any of your statutory legal rights. These are summarised below.
5. LIABILITY
Without limiting the scope of these General Conditions of Sales and to the extent permitted by applicable law, our liability for losses you suffer as a result of our breach of these General Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the Artwork in respect of which damages are claimed.
We are only responsible for any loss or damage you suffer which is a foreseeable consequence of our breach of these General Conditions of Sales or our negligence. We are not responsible for any loss or damage which is not foreseeable.
Loss or damage is foreseeable if it is an obvious consequence of our breach or where it could be contemplated by you and us at the time your order is accepted by us. We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Artwork for personal and private use and you agree not to use the Artwork for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective Artwork under the Consumer Protection Act 1987; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
For goods the Consumer Rights Act 2015 says they must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
6. OTHER IMPORTANT TERMS
We will make every reasonable effort to fulfil our obligations. However, we cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond our reasonable control.
If a court finds part of this contract illegal, the rest will continue in force.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the Artwork in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Artwork in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Artwork in either the Northern Irish or the English courts.
Statutory Withdrawal Form
Withdrawal form (Complete and return this form only if you wish to withdraw from the contract)
To Mary Donald 20A Magdalen Road Exeter EX2 4TD:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) delete as appropriate