Terms and Conditions for the sale of goods by Kris Mercer Art
1.1 In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
“Contract” means the contract for the purchase and sale of Goods;
“Goods” means the goods which are to be supplied by Us to you;
“Order” means your order for the Goods.
“Price” means the price payable for the Goods;
“Purchase” means Goods being bought by you
“Special Price” means a lower price payable for Goods which we may offer from time to time;
“We/Us/Our” means Kris Mercer Art
2. Information About Us
2.1 Kris Mercer is registered as a sole trader.
3. The Contract
3.1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before buying goods, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. An Order constitutes a contractual offer that We may, at Our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon Our acceptance of your Purchase of Goods or Order for Goods.
3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you:
3.4.1 The main characteristics of the Goods;
3.4.2 Our identity and contact details;
3.4.3 The total Price for the Goods;
3.4.4 Where applicable, all additional delivery charges;
4. Description and Specification of Goods
4.1 We will make every reasonable effort to ensure that the Goods match up to photographs and descriptions provided by Us. We cannot,however, guarantee that the colours will be exactly as seen on a screen or monitor.
4.2 If you receive any Goods that do not match up to the photographs or descriptions under sub-Clause 4.1 you may return those Goods to Us as provided in Clause 8.
4.3 If We find, or are made aware of, any errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors. If, as a result of any such an error, you have received the wrong Goods, you may return those Goods to Us for non-compliance with the description as provided in Clause 8.
5.1 All Orders for Goods made by you will be subject to these Terms and Conditions.
5.2 You may change your Order at any time before We dispatch the Goods by contacting Us. This does not apply to custom made Goods. We will only accept changes to Orders for custom made Goods if We are reasonably able to accommodate your request without additional work. Requests to change Orders need to be made in writing.
5.3 If your Order is changed We will inform you of any change to the Price in writing.
5.4 You may cancel your Order at any time before We dispatch the Goods by contacting Us. The payment will be refunded to you within 5 days. This does not apply to custom made Goods. We will only accept an Order cancellation for custom made Goods if We have not yet begun making the Goods. If you request that your Order be cancelled, you must confirm this cancellation in writing.
5.5 We may cancel your Order at any time before We dispatch the Goods if The Goods are no longer in stock.
6. Price and Payment
6.1 The Price of the Goods is that shown on Our website or stall at the time of your Purchase.
6.2 If We quote a Special Price which is different to the Price shown on Our website, the Special Price will be valid for 7 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement.
6.3 Our Prices include the cost of delivery to UK addresses. Delivery costs to other countries will be added on to the final sum due.
7.1 We will provide an estimated delivery date. Please note that estimated delivery dates may vary
according to your location and circumstances beyond Our control.
7.2 If you indicate that you wish to collect the Goods from Us yourself you may do so after receiving Our confirmation, this is by appointment only.
7.3 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated on your Order and you have taken physical possession of the Goods or, if you are collecting the Goods from Us yourself, when you have collected the Goods.
7.4 If for any reason the nominated carrier or delivery company are unable to deliver the Goods at your chosen delivery address, you may need to contact them to arrange delivery.
7.5 You own the Goods once You have received the Goods.
7.6 If delivery of the Goods within the agreed time period was essential and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without delay.
8. Faulty, Damaged or Incorrect Goods
8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose and as described at the time of Purchase. If any Goods you have purchased do not comply and for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us within 24 hours to inform us of the fault, damage or error, and to arrange for a refund, or replacement.
8.2 Beginning on the day that you receive the Goods you have 14 days to reject the Goods and to receive a full refund if they do not conform as stated above. We will offer you a full refund or you may have the right to keep the Goods at a reduced price.
8.3 Please note that you will not be eligible to claim under Clause 8 if We informed you of any faults, damage or other problems with the Goods before you purchased them; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
8.4 To return Goods to Us for any reason under Clause 8, you need written permission from us.
8.4.1 You must prior to returning any goods received, e-mail Us stating your name, a description of the Goods and reason for return. Failure to do so will result in a delay in processing your refund or the product being returned to you.
8.4.2 All returns must be returned to the address quoted at time of authorisation.
8.5 Refunds (whether full or partial, including reductions in price) under Clause 8 will be issued within 14 days of the day on which We became aware of the issue.
9. Returning Goods If You Change Your Mind
9.1 If you are not satisfied with any (non-custom made) Goods purchased from Us you have the right to return them in exchange for a refund.
9.2 Clause 9 does not apply to custom made Goods. Goods which We have produced or altered to order for you, they cannot be returned if you change your mind.
9.3 If you wish to return Goods to Us you must do so within 14 Days of taking delivery (or collecting them from Us), as stated in Clause 8.4.1
9.4 All Goods must be returned to Us in their original condition in their original packaging, accompanied by proof of purchase.
9.5 You may return Goods to Us by post or other suitable delivery service of your choice. You are solely responsible for the cost of returning Goods to Us. Refunds will be issued to you within 2 Days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service.
10.1 For Goods that We have produced, customised or altered (including custom made
Goods), We guarantee that for a period of 4 weeks from the date of delivery, the Goods will be free from material defects. This guarantee is subject to the exceptions listed below
10.2 Our guarantee does not apply to any defects in the Goods caused by: Normal wear and tear.
Deliberate damage and/or misuse of the Goods. Accidental damage. Failure to use the Goods in accordance with their instructions; or the alteration or repair of the Goods by you or any third party that is not authorised by Us.
10.3 Our guarantee exists in addition to your legal rights as a consumer. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
11. Our Liability
11.1 We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Purchase, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.2 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
12. Communication and Contact Details
12.1 If you wish to contact Us, you may do so by telephone at 01623 610916 or by email at firstname.lastname@example.org
12.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing you may use the following methods:
12.2 Contact Us by email at email@example.com or by post at Kris Mercer Art, 39 Milton Drive, Ravenshead, Notts.. NG15 9BE United Kingdom.
13. How We Use Your Personal Information (Data Protection)
13.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
13.2 We may use your personal information to:
13.2.1 Provide Our Goods and services to you;
13.2.2 Process your payment for the Goods; and
13.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
13.3 We will not pass on your personal information to any other third parties.
14. Governing Law and Jurisdiction
14.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
14.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.