Shop Terms of Sale.
Terms of Sale
Please read these terms of sale carefully
You will be expressly agreeing to these terms of sale when you place an order for products from my website.
In these terms of sale, “I” means Hannah Weeks (and “me” and “my” will be construed accordingly); and “you” means my customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and I unless and until I accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from me, you will need to take the following steps:“(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) you must then enter your contact and shipping details; (iii) you must then enter your payment details and any discount code you have; (iv) then you must confirm the payment by clicking the ‘pay now’ button; and (vi) once I have checked whether I am able to meet your order, I will either send you an order confirmation (at which point your order will become a binding contract) or I will confirm by email that I am unable to meet your order.”
I will not file a copy of these terms of sale specifically in relation to your order. I may update the version of these terms of sale on the website from time to time, and I do not guarantee that the version you have agreed to will remain accessible. I therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which I provide these terms of sale is English.
(4) The products
Illustrated artwork prints - available in a variety of sizes and designs.
(5) Price and payment
Prices for products in my shop are quoted on my website.
In addition to the price of the products, you do not need to pay a delivery charge, as all items are posted free-of-charge.
Payment must be made upon the submission of your order. I may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes.
Payment for all products must be made by Visa, MasterCard or American Express via Stripe’s secure payment page on my website.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then I may terminate any contracts between you and I under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
(6) Your warranties
You warrant to me that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) the address for delivery cannot safely be accessed;
(e) you are resident in the UK.
(7) Delivery policy
I will arrange for the products to be delivered to the address for delivery indicated in your order.
I will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 12 working days of the date of our order confirmation. However, I cannot guarantee delivery by the relevant date. I do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 10 working days of the later of receipt of payment and the date of our order confirmation.
I will only deliver products within the UK.
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by me of full payment of all sums due in respect of the products (including delivery charges).
I will be entitled to recover payment for the products even where ownership has not passed to you.
(9) “Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from me at any time within the period commencing when the contract comes into force and ending 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to me written notice of cancellation.
You will not have any such right insofar as a contract relates to: (i) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned.
If you cancel a contract on this basis, you must promptly return the products to me, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to me.
If you cancel a contract on this basis and you do not return the products to me, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at my expense, I may pass that expense on to you.
(10) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product I sell to you).
If you cancel a contract and are entitled to a refund, I will usually refund any money received from you using the same method originally used by you to pay for your purchase. I will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(12) Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
I will not be liable to you in respect of any losses arising out of any event or series of events beyond my reasonable control.
I will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(13) General terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and I. I may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which I have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. I may assign, charge, sub-contract or otherwise transfer any of my rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from my website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from my website.
(14) About Hannah Weeks Illsutration
My full name is Hannah Weeks (Registered Sole Trader).
My registered office is 4 Eastlands, Stradbroke, Suffolk, IP21 5JA.
My email address is email@example.com.