Terms of Sale
1. Importance of these terms
1.1.1 These terms of sale (“General Terms”) apply to any order you place through our website at www.monograph-art.com (“Website”).
1.1.2 We recommend that you read these General Terms carefully. If you do not understand any provision in them, you should consider asking a solicitor to advise you, or you may obtain the information or guidance you need from your local Citizen’s Advice Bureau or local authority trading standards department.
1.1.4 We recommend that you print a copy of these General Terms and keep them for future reference.
1.2 Contacting Us
If you want to ask us anything about goods available through the Website, enquire about your order, make a complaint, or send us any information or notice under these General Terms, please refer to the information at the end of these General Terms.
1.3 Our Communications With You
We will normally communicate with you by sending confirmations, notices and other messages to the e-mail address we are holding for you and you should assume that will be the case unless we agree or notify you otherwise. The communications from us will include the following:
1.3.1 confirmation of receipt of your order;
1.3.2 acceptance of your offer to buy the goods and to order any additional services;
1.3.3 any decision we make to decline your order;
1.3.4 notice that your goods have been dispatched.
1.4 Your Statutory Rights
Nothing in these General Terms affects your statutory rights, including to cancel contracts with us in respect of the goods and those relating to faulty or misdescribed goods. For further information about your statutory rights, contact your local authority trading standards department, Citizen’s Advice Bureau, or go on-line at http://www.consumerdirect.gov.uk.
2. Website information
2.1 We take reasonable care to ensure that the information, including prices, we publish on the Website relating to our goods is accurate, complete and fair at the time of publication, but sometimes errors or omissions occur.
2.2 Where we discover a material error or omission, including in the price of the goods you have ordered, we will inform you promptly and give you the opportunity to confirm your order based on the corrected information, or to cancel it and obtain a refund as set out in the General Terms.
2.3 If you don’t confirm or cancel your order within five working days (ie excluding Saturdays, Sundays and public holidays in England) after we send you the corrected information, we will treat your order as having been cancelled for a refund as set out in the General Terms.
3.1 What Happens When You Place An Order To Buy Goods?
3.1.1 When you place an order you make us an offer to buy the goods described in the order. That offer is subject to our acceptance. Where your order relates to several items, each item is treated as being subject to a separate order and, in due course, a separate contract for the sale and purchase of the goods.
3.1.2 You may withdraw your order at any time before we accept it.
3.1.3 We recommend that you print the order and our confirmation of its receipt.
3.1.4 Neither the completion and submission of your order, nor our e-mail confirmation of receipt, constitutes acceptance by us of your order.
3.1.5 Our acceptance of your order takes place when we notify you that we have accepted your order and not before, even where we have collected payment from you. Until then we may decline your order, in which case we will notify you and provide a refund as set out in the General Terms.
3.1.6 At the moment we accept your order, a contract is made between us which obliges us to sell and you to buy the goods, unless the contract is terminated in accordance with these General Terms and the law, including by you when you exercise your statutory rights of cancellation. Each contract between us is separate from each other contract, unless both of us agree otherwise.
3.2 Unavailability of Stock
3.2.1 Our stock of goods is limited and we may experience problems with our suppliers.
3.2.2 If we cannot supply the goods you have ordered at all or within the estimated delivery timescales, we will decline your order and provide a refund as set out in the General Terms.
4.1 Method of Payment
Payment can be made by:
4.1.1 PayPal and the credit, debit or charge cards (if any) displayed on the Website;
4.1.2 cheque, but the goods will not be dispatched before we have received cleared funds in our bank account in respect of the price; or
4.1.3 the transfer of funds to our bank account by agreement with us.
4.2 When We Collect Payment
4.2.1 We will normally take payment from you before dispatching the goods to you. If we have not received payment before you have received the goods, subject to your rights under the arrangements for the General Terms and your other statutory rights, you must pay for them immediately.
4.2.2 If you do not pay for the goods (when obliged to do so under the previous paragraph) within one week after receiving them, we are entitled by notice to you to terminate our contract with you in respect of the sale of the goods, and if we do so, you must at our request and your cost either return the goods to us in accordance with reasonable instructions we give you or make them available for collection at the address to which they were sent.
4.3 What the Price Includes
The price displayed on the Website includes VAT, but excludes delivery which is charged for separately.
4.4 Late Payment Interest
Failure to pay any amount which is due will entitle us to charge interest on the amount outstanding at 8% above the base rate of Barclays Bank PLC from time to time, from on the due date until the date of actual payment (after as well as before any legal judgment against you).
The goods will be owned by you only when we have received payment in full and that payment has cleared our bank account.
5.1 Delivery options
5.1.1 You must complete the order form so as to give us any necessary information to enable us to deliver the goods to you.
5.1.2 Where you are unable to accept delivery please contact us in advance and we will agree an alternative date. Where we have sought to deliver the goods and you are unable to accept delivery:
(a) we may charge you for the reasonable costs of storage and any wasted delivery costs incurred by us; and
(b) our responsibility for loss or damage to the goods, except where caused by our negligence, ends on the date we sought to deliver them.
5.2 Time for Delivery
Unless we agree otherwise, all dates and times for delivery of the goods are estimates only, except we shall use our reasonable endeavours to make delivery no later than the date or time stated.
Except as provided in paragraph 5.1.2 of these General Terms, the risk of loss of or damage to the goods passes to you on delivery to the delivery address stated in your order, and so you should consider insuring them from the date of delivery.
6. Cancellation and returns
6.1 Distance Selling Regulations
6.1.1 Subject to the other provisions of these General Terms, you have the right under the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”) to cancel any contract between us for the sale of the goods you have ordered at any time during the period ending seven working days beginning with the day after the day on which you receive the goods.
6.1.2 The time periods to which this paragraph 6.1 (Distance Selling Regulations) refers apply only where we give you the information required by the Regulations before the contract is made or thereafter in good time, and in any event at the latest at the time of delivery. Longer time periods apply if we do not satisfy this requirement.
6.1.3 We will provide the requisite information when we confirm that we have received your order. The procedures which we ask you to follow to cancel the contract and return the goods are set out below.
6.1.4 For further information about your rights under the Regulations, contact your local authority trading standards department, Citizen’s Advice Bureau, or go on-line at http://www.consumerdirect.gov.uk.
6.2 Your Responsibility
6.2.1 If you cancel the contract between us for the sale of the goods, you must return the goods to us, except where they were delivered in error, or you are entitled to reject them, for instance where they are faulty, defective or have been misdescribed.
6.2.2 If you don’t return the goods to us, or return the goods at our cost, other than in these exceptional cases, we may charge you an amount not exceeding the direct costs of recovering the goods from you.
Wherever we decline your order, you cancel your order, or the contract between us is cancelled in accordance with the Regulations, or otherwise under the General Terms, we will refund the total amount you have paid.
6.4 Cancellation procedure
6.4.1 To cancel an order or a contract, please send us an e-mail or write to us to that effect at the address set out in the General Terms. We do not accept cancellations over the telephone.
6.4.2 We inspect all goods returned for any damage or deterioration.
7. Limitation of Liability and Indemnity
7.1 This paragraph is particularly important, so we ask that you take the time to read it.
7.2 We do not warrant that the Website will be compatible with your computer. On occasion, the services available through the Website may not be available and your access to the Website may from time to time be interrupted or contain errors. We will not be liable if we are unable to provide the Website or any services for any reason.
7.3 If you are accessing the Website and the associated services in the course of a business, all implied warranties and conditions are excluded to the maximum extent permitted by law.
7.4 If you have registered as a user of the Website, we will not be liable for any losses you suffer as a result of someone using your account without permission until you have let us know of the suspected breach of security.
7.5 We shall not be liable for:
7.5.1 any loss of profit, data loss, loss of production, loss of goodwill; or
7.5.2 any indirect loss, costs or expenses, in each case arising out of your use of the Website, your use of our services available through the Website or our failure to deliver services contained on the Website.
7.6 Our total liability for losses arising out of your use of the Website, your use of the services available through it or our failure to deliver any such services shall be limited to the total cost of the purchase under which the claim arises for any one event or series of connected events or, if no service has been purchased, to £100.
7.7 If you are not using the Website in the course of your business, you have certain statutory rights as a consumer. Nothing in these terms and conditions will affect those statutory rights (and in particular, any term which limits our liability to you in the event that any service is defective or fails to meet the description given to it on the Website shall not apply).
7.8 If you are accessing the Website in the course of a business, you agree to indemnify us and to keep us indemnified (except to the extent caused by our negligence, fraud or wilful default) from all or any liability or damages we incur in contract, tort or otherwise, towards a third party as a result of your use of the Website, any of the services accessible through your user account or any content you publish, upload or display on the Website.
8.1 If any provision contained in these terms and conditions is found to be invalid or unenforceable, the remainder of the terms and conditions shall not be affected.
8.2 Any contract between us shall be governed by and construed in accordance with the laws of England and Wales.
8.3 No person who is not a party to a contract between us acquires any benefit or right under that contract.
8.4 If you breach any contract between us and we fail or neglect to enforce the provisions of the contract, our omission or silence should not be understood by you that we are giving up our rights or remedies. If either you or we do give up our rights or remedies on one occasion, that does not mean that we or you are doing so in respect of any other rights or remedies.
9. About us
Our contact details are as follows:
|We are a limited liability partnership incorporated in England and Wales with number OC371783
|St Ann’s Wharf, 112 Quayside, Newcastle upon Tyne, NE1 3DX