Terms of Sale
OUR TERMS OF SALE
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we sell and supply our products to you, being limited edition artworks and one-off artworks in the region of £50 to £1,000.
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 our products to you, how you and we may change or end our contract, and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Partnership Editions Limited (we or us). We are registered in England and Wales under company number 10505405 and having our registered offices at 201 Haverstock Hill, London, NW3 4QG, United Kingdom.
2.2 How to contact us. You can contact us by writing to us at email address: firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by [telephone or by writing to you at the email address or postal address you provided to us in your order].
2.4 "Writing" includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you your invoice together with your order number, at which point a contract has come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by writing to you at the email address or postal address you provided to us in your order and will not charge you for the product. The reason for not accepting your order may be because the artist is no longer engaged by us, the product is not available, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We sell to the UK and the EU and certain other countries. Our website is for the promotion of our products in the UK and the European Union and certain other countries. Please visit our website to see to which countries we deliver our products. Unfortunately, we do not accept orders from countries outside these territories.
4. OUR PRODUCTS
We offer the following products:
Editions which are artworks that have multiple versions of the same design, but that are limited to a specific print-run. The overall print-run of each edition, as well as the specific number of the individual artwork, are specified in the description as well as being physically labelled on each artwork. Once an Edition has sold out it will never be reproduced or re-printed by the artist unless it is an Artist's Proof. An Artist's Proof is a test print, often the first print through the press, produced by the artist, which can be sold at their discretion and will run outside of the numbered print run for that edition. They are usually indicated by the label "A/P" and will be specified in the cataloguing. All Editions are physically signed by the artist to ensure authenticity. We can also provide certificates of authenticity to support this on request. To request a certificate of authenticity please email email@example.com.
One-offs which are unique artworks which are never reproduced or copied on our website. They are all made by the hand of the artist and are signed by the artist. Certificates of authenticity can also be provided on request.To request a certificate of authenticity please email firstname.lastname@example.org.
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a % tolerance.
4.2 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end our contract as provided for under these terms.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery are as displayed to you on our website, being in any event the following:
For Editions, shipping and packaging within the UK is an added flat fee of £10 and is sent via Royal Mail tracked service. Once payment has been received, shipping within the UK will take up to two weeks. As Editions are produced on demand and by the hand of the artist, these two weeks allow for the production of the artwork as well as packing and shipment. Once your work has been dispatched, we will be in touch with you by e-mail with your Royal Mail tracking number.
Artworks purchased by buyers outside of the UK can take up to 4 weeks to arrive, depending on their final destination. Shipping is an additional cost for such buyers and will be calculated once you enter your shipping address in the checkout process. Please note that additional import taxes and duties may also apply.
For One Offs, we provide a bespoke shipping service as prices and requirements will vary depending on the dimensions and weight of the work as well as the final destination. Shipping and packaging is an added cost for all One-Off artworks. If you would like a shipping quote before you buy, simply click “Enquire” next to the work of interest and we will get you a quote to suit your needs.
6.2 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end our contract and receive a refund for any products you have paid for but not received.
6.3 If you are not at home when the product is delivered. If no one is available at your address to take delivery, you should contact Royal Mail or the bespoke shipping service used to deliver the product together with your tracking number so that you can rearrange delivery. We are not responsible for any costs incurred or damage to the product as a result of your not being at home when the product is delivered and for delivery having to be rearranged.
6.4 If you do not re-arrange delivery. If you do not collect the products as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end our contract with you.
6.5 When you become responsible for the products. A product will be your responsibility from the time the product is dispatched to the address you gave us.
6.6 When you own the products. You own the product you have ordered with us once we have received payment in full.
6.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your email address, postal address, your name and telephone number, as stated on our website. We may also contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end our contract with you or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to make changes to the product or your order as requested by you.
6.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end our contract for a product if we suspend it and we will refund any sums you have paid in advance for the product.
6.10 We may also suspend supply of the products if you do not pay. If you do not pay us for the products, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, and when you decide to end it.
7.2 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (c) below it will end immediately and we will refund you in full for any products which have not been provided, namely if:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) you have a legal right to end it because of something we have done wrong
7.3 Exercising your right to change your mind Once you have received your artwork, you have 14 days to return it to us for a full refund if you are not happy with it. Please note that the artwork must be returned in its original condition and in its original packaging. If your artwork has been damaged during transit then please contact us via the contact page and we will help get to the bottom of it with you. Please be aware that any damage to your artwork that has occurred in transit or during shipping is the liability of the shipping and /or transportation company and we are not responsible and will not be liable to you for any such damage caused.
7.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract after you have received the artwork, but you will have to pay us compensation for all reasonable costs and expenses we will incur as a result of your ending the contract.
8. HOW TO END THE CONTRACT WITH US
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at email@example.com. Please provide your reason for ending and your name, home address, details of the order, your phone number and email address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or after you have received them, you must return them to us. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products, but not including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.6 When your refund will be made. We will make any refunds due to you as soon as reasonably possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not provide us with information that is necessary for us to provide the products.
9.2 You must compensate us if you break the contract If we end the contract in the situations set out above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we have incurred as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us at firstname.lastname@example.org.
10.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them in their original condition and in its original packaging. If your product has been damaged during transit then please contact us via the contact page and we will help get to the bottom of it with you.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. Purchase prices are listed next to each artwork and are not inclusive of VAT. Pricing is for unframed artworks and does not include import / export duties or shipping. Due to the nature of selling Editions, prices may be subject to change or to dynamic pricing (when prices increase as the Edition nears selling out). We may also offer special offers or discounts at our discretion.
Please note: that import duties into the country of the buyer are an added cost to you and it is the responsibility of the buyer to make sure that these are paid in a timely and correct manner to the appropriate company. Partnership Editions does not accept liability for importation of artworks bought on the website - it is the responsibility of the buyer to ensure that artworks are imported legally into their own country and that the correct duties are paid.
For Editions: Shipping in the UK is an added £10 per item on top of your purchase. This includes packaging (a cardboard tube) and artworks will be rolled within the tube. We use Royal Mail tracked service for shipping and will let you know by email when your artwork has been dispatched along with the unique tracking code. We do not accept responsibility for items that are lost or damaged during shipping. This is the responsibility of the shipping agent and must be disputed directly with them if this occurs. Overseas shipping will be calculated and added to the price at checkout once you have entered your shipping address. You have the right to cancel your order at checkout should you find that shipping prices are higher than you expected.
For One-Offs: If you would like to purchase a one-off, you must click ‘Enquire’ which will link you through to an email with our team. You should then let us know where you would like to ship to and we will get a shipping quote for you. Packaging and insurance are added costs for the buyer. Insurance is optional but we accept no responsibility for artworks damaged or lost in transit. If the work was insured, then his is the responsibility of the shipping agent and should be disputed with them directly should this happen. Once you have approved the shipping quote we will send you an invoice including the cost of the artwork, packaging, insurance and shipping. Import duties into your own country are at the buyer’s expense and it is the responsibility of the buyer to ensure that these are paid in a correct and timely manner. The shipping agent will charge you separately for import duties.
11.2 We may get the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. We will not be responsible for any pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing.
11.3 When you must pay and how you must pay. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
11.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the products.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 We are fully committed to respecting your privacy and will not share your details with any third parties other than as set out below. If you are on our mailing list, we will be in touch when a new artwork becomes available, but if at any time you would prefer not to receive these updates you can always remove yourself from our list by clicking 'unsubscribe' at the bottom of our newsletter
How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, unless you have removed yourself from our mailing list as mentioned above.
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 30 business days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 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 your 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.