Trading Terms

TRADING TERMS

1 Introduction

1.1 www.exclusiveartfactory.com (the Site) is operated by EXCLUSIVE ART FACTORY LIMITED (we and us). We are a company registered in England. Our company number is 07433275 and our registered office address is 1 Warner House, Harrovian Business Village, Bessborough Road, Harrow HA1 3EX. Our VAT registration number is 120037280

1.2 The terms contained in this document (Trading Terms) apply to all transactions for the purchase of products from the Site. Please read these Trading Terms carefully before ordering from the Site. By ordering any products from the Site you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent. You can print a copy of these Trading Terms by selecting the print option from the “File” menu of your browser.

1.3 Your use of the Site itself is subject to our website Terms of Use and our Privacy Policy. We recommend reading both of these documents before continuing to use the Site.

1.4 We reserve the right to change these Trading Terms from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.

2 Ordering

2.1 You may place an order to purchase a product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the [“Submit Order”] button on the [checkout] page.

2.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.

2.3 After submitting an order to us, you will be sent an order acknowledgement email with your order reference and details of the products you have ordered. Please note, this email is an acknowledgement and is not an acceptance of your order.

2.4 If your order includes products which are not available from stock, we will contact you by email to ask you how you wish to proceed. You will have the option to wait until the products are available from stock, or cancel your order.

2.5 Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the products you have ordered are being despatched to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancellations and returns).

3 Prices and payment

3.1 The prices of products advertised for sale on the Site are as set out on the Site. All prices are in pounds (£) sterling, inclusive of VAT and delivery charges. Overseas orders are subject to a delivery charge.  Overseas customers should complete the relevant enquiry tab on the checkout page so that we can indicate the relevant charges.  Prices on this website are valid and effective for UK deliveries only.

3.2 Prices may change at any time prior to (but not after) acceptance of your order.

3.3 We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards through PAYPAL payment services, by completing the relevant details on the checkout page.

3.4 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

3.5 In the unlikely event that the price of an item has been incorrectly advertised on the Site, we will contact you by email to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order and any sum debited by us from your credit/debit card through PAYPAL will be refunded in full to the same card. Unless we have already confirmed despatch of your order (in accordance with clause 2.5), we will not be obliged to supply products at the incorrect price.

4 Delivery

4.1 Subject to availability, we will use all reasonable endeavours to deliver the products you have ordered as soon as possible after your order is accepted by us. We or our third party distributors will deliver all products comprised in your order in one delivery.

4.2 We will deliver directly to the address specified in your order. We cannot deliver items within the same order to multiple addresses.  We are only able to deliver the United Kingdom mainland [and Northern Ireland].

4.3 Deliveries are made [Monday to Friday (excluding bank and public holidays), normally between the hours of 7am and 7pm]. The precise timing of a delivery cannot be specified. Certain deliveries may require a signature to confirm receipt.

4.4 Once delivered, the products ordered will become your property (provided they have been paid for in full) and your responsibility and, except in relation to products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.

5 Cancellations and returns

5.1 Except in relation to the products specified in the next paragraph, you may cancel your order (or any part of it) at any stage before the products are produced and delivered to you. You may do so either by notifying us (see How to contact us), giving us your full name, address and order reference (which you can find on your order acknowledgement email or by locating the relevant order after logging into the My Account section of the Site or, alternatively, by returning the products, in accordance with the provisions below (see section 5.4). You do not need to give any reason for cancelling your order, but a brief explanation will help us improve the service we offer to customers in the future.

5.2 As all orders are made to order, we do not accept returns unless the goods/parcel has been damaged in transit.

5.2.1 the products have been customised or made to your own specifications, unless such products were damaged or faulty when delivered to you or have been incorrectly delivered.

5.3 If you cancel your order, any sum debited by us from your credit/debit card will be refunded in full to the same card. Alternatively, you may ask us to substitute a product, rather than provide you with a refund, but we can only do that if the product you wish to substitute is of equivalent value to the order you are cancelling.

5.4 Where you decide to cancel an order after we have despatched the products, you will be under a duty to return them to us, at your own risk and cost. All such products should be returned within 14 days of you cancelling your order (where you choose to cancel by notifying us). Until such time as they are returned, you must retain possession of the products and take reasonable care of them. You should return the products to us as new, in saleable condition, unused (except to the extent reasonably necessary to examine them) in the original product packaging or in similarly appropriate protective packaging, in accordance with the following process.

By Royal Mail

You should pack the returns parcel securely, ensuring you include the returns note, attach the returns address label to the parcel and then take it to your local Post Office. We advise that you take out enough postal insurance to cover the value of the contents.

If you cannot locate your returns address label, please return the parcel to:

Our policy on cancellations and returns does not affect your legal rights.

6 Faulty products

6.1 If any product you purchase is damaged or faulty when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a product is faulty, you should notify us (see How to contact us) and return the product in accordance with the provisions above (see section 5.4).

6.2 Our policy on faulty products does not affect your legal rights.

7 Product Information

7.1 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our products in the images that appear on the Site. However, as the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.

7.2 Any information on the Site regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any product you require, we recommend that you contact us prior to placing an order (see How to contact us).

8 Orders for delivery outside the United Kingdom

8.1 If you choose to access the Site from outside the United Kingdom, you are responsible for complying with local laws, if and to the extent that they are applicable. We do not represent or warrant that any product on the Site is appropriate for use or available in locations outside of the United Kingdom, or that it complies with any legal or regulatory requirements of such other locations.

8.2 If you order products for delivery outside the United Kingdom, they may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist. For deliveries outside the United Kingdom, you will be regarded as the importer and it is your responsibility to comply with all laws and regulations of the country in which the products are to be delivered. Cross-border deliveries may be subject to opening and inspection by customs authorities.

9 Security

9.1 We understand that you may have concerns about security on the internet. The Site uses a secure server in our online ordering process to protect your personal information.

9.2 All payment transactions will be processed on our behalf by PayPal. This means that your credit/debit card details are provided directly to PayPal and are never revealed to us. PayPal operates a secure server to process your payment details. PayPal encrypts your credit/debit card information and authorises payment

9.3 We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

9.4 If you have any additional queries about security, please email us (see How to contact us).

10 Our liability

10.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

10.2 You are responsible for the use you make of the products you order. To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).

10.3 We do not limit liability for death or personal injury caused by our negligence or for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.

10.4 Nothing in this section or elsewhere in our Trading Terms affects your statutory legal rights.

11 General

11.1 Any formal legal notices should be sent to us at the address at the end of these Trading Terms by email and confirmed by post.

11.2 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Trading Terms.

11.3 If any part of these Trading Terms is found to be unenforceable as a matter of law, all other parts of these Trading Terms shall be unaffected and shall remain in force.

11.4 You and we agree that English law applies to these Trading Terms and that any dispute between us arising out of or in connection with these Trading Terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.

12 How to contact us

Please feel free to contact us in any of the following ways:

• by email at info@exclusiveartfactory.com
• by telephone on 01962 710 235 between the hours of 9am to 5pm Monday-Friday excluding Bank Holidays
• by writing to us at: EXCLUSIVE ART FACTORY LIMITED, 8 SOUTHGATE STREET, WINCHESTER, HAMPSHIRE SO23 9EF

13 Updates

These Trading Terms were last updated on 9^th August 2011