Terms and conditions
By using this Website or placing an order through it, you are consenting to be bound by these Terms. If you do not agree to all of the Terms, please do not use this Website. These Terms may be amended from time to time. It is your responsibility to regularly read through them, as the Terms in force at the time that you use the Website or at the time of the formation of the Contract (as defined below) shall be the applicable ones. By purchasing any item from this Website, you enter into a contract with us on these Terms.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
INFORMATION ABOUT US
For sale of items through this Website, your contract is with:
Art by B Ltd
Registered in England and Wales, Company Registration No. 12734885
Registered office: 85 Great Portland Street, First Floor, London, W1W 7LT
HOW WE USE YOUR PERSONAL INFORMATION
OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the Terms in force at the time that you use this Website or order Products from us, unless any change to those Terms is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
LAW AND JURISDICTION
This Website and our Terms have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the UK, we give no warranty, express or implied, that the use of this Website or the placing of any order through this Website from outside the UK complies with any applicable non-UK laws or regulations.
Accordingly, any products or promotions not permitted under your local law are not offered to you.
Any dispute arising from, or related to the use of the Website or to such Contracts shall be subject to the non-exclusive jurisdiction of the English courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such. If you live in Scotland you can bring legal proceedings in respect of the items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the items in either the Northern Irish or the English courts.
COMMUNICATION BETWEEN US
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
PRODUCTS, PRICING AND DESCRIPTIONS
“Products” herein refer to any items available for sale to customers on the Website at any one point in time.
We take all reasonable care to ensure that all product descriptions, dimensions, specifications and prices that are featured on this Website are correct and up to date as possible, but do not guarantee the accuracy of such information until your order is accepted in accordance with these Terms.
Please note that many of our Products are hand-made and/or have a unique finish, shape, colour, natural imperfections, texture and may vary from the picture you see on our Website, and/or from one product to the other if you order more than one. Dimensions, such as sizes, weights, capacities and measurements may also slightly vary.
The images of the Products on our Website are for illustrative purposes only. Although we have made reasonable best endeavours to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
Although, we may refer to some of our Art Print Products as limited editions, we may in our discretion, introduce the same or similar products in a future phase of sales.
Some Products are photographed with additional props but these are not included in the sale of a product unless otherwise specified.
Prices for our Products are subject to change without notice. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 14.5 for what happens in this event.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Delivery Confirmation.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK at the time of purchase. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of any items will be as stipulated on our Website from time to time, except in cases of obvious error. While we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Delivery Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect price.
The prices on the Website include VAT but exclude delivery charges, which will be added to the total amount due at Checkout. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you a Delivery Confirmation.
AVAILABILITY OF ITEMS
All orders for items are subject to availability and in this regard, in the event of supply difficulties or because Products are no longer in stock, we will inform you by email as soon as possible and we will not process your order if made.
We reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse any monies that you may have paid.
DELIVERY AND RELATED CHARGES
Subject to availability (see Clause 7 above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for item(s) listed in the Delivery Confirmation by the delivery date set out in the Delivery Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation. If we fail to deliver the items within 30 days of the date of the Order Confirmation, you may cancel the Contract and we will reimburse you the price paid for the items and any delivery costs paid.
If our supply of the items is delayed by an event outside our control then we will contact you as soon as 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 the Contract and receive a refund for any items you have paid for but not received.
By accepting this delivery service you are accepting our delivery personnel or a representative of us into your home, and so as to avoid or minimise the risk of damage to your home or any of your possessions, we ask that you remove your possessions or anything that may be damaged and allow our delivery personnel as clear access to your home as possible. Unless caused by our negligence, we will not be held responsible for anything that is not removed to safety where reasonable steps could have been taken to avoid or minimise the risk.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
The information set out in the Terms and the detail contained on this Website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any items shall exist between us and you until your order has been expressly accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
To place an order for a Product on the Website, you should follow the steps set out below:
(a) Click on the Product that you would like to purchase;
(b) On the Product page, select the quantity and desired size or colour, if applicable, and then click on “Add to Basket”;
(c) Either click on:
“Update”, if you wish to change a Product quantity or remove a Product from your basket, or
(d) At the Checkout page, you will be asked to enter the following details in the Customer Information online form:
Email or mobile phone number
First and last name
When the details are correct, click on “Continue to Delivery Options”;
(e) If you already have an account with us, you can click on “Log in” to enter your details, otherwise you can continue as a guest;
(f) Complete the Delivery Option and Payment Method online forms as instructed and click on ‘Review Order’ to check and amend any errors prior to submitting your order to us. Please take the time to read and check your order at each page of the order process.
(g) Once you are happy with the details of your order, place your order by clicking on the “Pay Now” button.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more Products from us.
All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the item has been despatched (the "Delivery Confirmation").
The contract for the purchase of a Product between us (the "Contract") will only be formed when we send you the Delivery Confirmation. The Contract will relate only to those Products whose despatch we have confirmed in the Delivery Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Delivery Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Website as referred to in clause 14.5, we will inform you of this by e-mail as soon as possible and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
REFUSAL OF ORDER
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. Whilst we will use our reasonable best endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this Website, removing or editing any materials or content on this Website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
HOW TO PAY
At the point of placing an order, payment for the Product(s) and all applicable delivery charges is made in full.
Payment can be made by Visa, Mastercard, Maestro, JCB, American Express, Apple Pay and Google Pay. You can also pay all or part of the total amount of your order with a Art by B gift voucher or credit voucher issued by Art by B.
For card purchases, we work with an authorised Payment Service Provider that helps us to check directly with your bank that the card is valid for purchases. Our Payment Service Provider processes your card details in accordance with the international security standard PCI DSS, which was jointly developed by VISA, MasterCard, Diners, American Express and JCB. This means that your card details are processed with a very high level of security. When you pay by card, we reserve the right to carry out an identity check.
Once we receive your order, we will request a pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. No charge will be made to your credit card until your order has been despatched for delivery. However, if Art by B gift voucher or credit voucher issued by Art by B are used as the form of payment, the charge will be made immediately upon our confirmation of the order. By clicking "Pay Now" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or the credit voucher card. Credit cards are subject to validation checks and authorisation by your card issuer but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
If you are a consumer, you have a legal right to cancel a Contract (under Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013) as set out in our Returns Policy. Please take the time to read our Returns Policy in detail. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
Details of your legal right to cancel and an explanation of how to exercise it are provided in the Payment Confirmation.
PROMOTIONS AND DISCOUNT CODES
You may use published discount codes through our Website only and they cannot be used in conjunction with any other promotion or discount, unless otherwise stated. For each discount code, you may only use it once against one order, unless otherwise stated.
These offers are not for resale or publication and only apply to personal orders with all orders being subject to acceptance under Art by B’s standard Terms. Discount codes are not valid against delivery charges.
In the case of part-refunds, a percentage of the item's value will be calculated and refunded as per the total order value.
Discount codes may only be redeemed against in-stock items and cannot be retained for usage beyond their date of expiry. Where a minimum spend is stipulated, this refers to the order subtotal exclusive of delivery charges.
Free delivery promotions are valid on mainland UK orders only. Unfortunately this excludes Northern Ireland, Guernsey, Isle of Wight, Jersey, Isle of Man, Isle of Scilly, Scottish Islands and Republic of Ireland.
We are unable to apply discount codes retrospectively to an order once the sale has been made.
We reserve the right to cancel any promotion, offer or discount code after seven working days of publication.
Art by B e-Gift Cards are valid for one year from the date of issue. Any remaining balance will be cancelled after that time.
e-Gift Cards cannot be exchanged for cash.
Refunds for online purchases made with an e-Gift Card will be given as a Credit Note.
Gift Cards can be used towards the purchase of goods at a higher price than its face value upon payment of the difference.
Credit Notes are created as and when a refund is not possible or you have specifically requested a Credit Note. The Credit Note is a code that is set up for the value of your credit.
Credit Note codes can also be created when you are using an e-Gift Card/Credit Note to place your order, but the value of your order is less than the value of your e-Gift Card/Credit Note. We will then create a new Credit Note of the remaining value.
Credit Notes are valid for one year from the date it was created.
Your Credit Note code will be communicated to you via phone or email.
All Discount codes, e-Gift Card codes and Credit Note codes must be entered online in the “Gift card or discount code” box which appears in your Shopping Basket below your item details.
Once you have entered the code, click ‘Apply’. You must enter the code before you proceed to click on ‘Pay Now’ as it cannot be applied later. The code is also valid over the phone, in which case you will simply need to quote the code at the point of order.
You can only apply one code per order.
DISCLAIMER AND LIMITATIONS OF LIABILITY
Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website.
We have a legal duty to supply items to you that are in conformity with the Contract, however, without affecting that duty and to the fullest extent permitted by law, all item descriptions, information and materials posted on this Website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
We warrant to you that any item purchased from us through this Website is of satisfactory quality and reasonably fit for all of the purposes for which items of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the items available on this Website. Items (including handicraft items) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed item. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only items of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the item. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
FOR CONSUMERS ONLY
This clause only applies if you are a consumer and you are not purchasing our Products in a business capacity.
If you are a consumer, you may only purchase Products from our Website if you are at least 16 years old.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect your legal rights in any way.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987.
FOR BUSINESS CUSTOMERS ONLY
This clause only applies if you are purchasing our Products as a business.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.
These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
Subject to the above clause, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
Subject to the above clauses, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In
USE OF THIS WEBSITE
By using this Website and/or by placing any order through it, you undertake:
To use the Website exclusively to make legitimate enquiries or orders
Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities
To provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the Website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts
ACCESSING OUR WEBSITE
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
You must not use any part of the art prints as your own. All use of Art by B prints require acknowledgement.
NO RELIANCE ON INFORMATION
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
We will use reasonable care and skill to ensure that this Website is safe, secure and free from bugs, viruses or other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this Website or from the downloading of the contents thereof or of such contents to which this Website redirects.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any Website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Website other than that set out above, please contact firstname.lastname@example.org.
LINKS FROM OUR WEBSITE
We may have links from our Website to other third party Websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such Websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
However, you may transfer our guarantee in respect of defective products to a person who has acquired the item. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing proof of purchase or producing a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the property in question.
We may transfer, assign, charge, subcontract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer of your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by Event Outside Our Control.
An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Any shipping, postal or other relevant transport strike, failure or accidents.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
OTHER IMPORTANT TERMS
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We welcome your comments and feedback. Please send all feedback and comments to us via our contact form on the Website or at the e-mail address email@example.com.
If you as a buyer consider your rights have been breached, you can address your complaints to us via the email address firstname.lastname@example.org or via the contact form on our Website.
In the unlikely event that our Customer Services team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, then you may refer your complaint to the Retail Ombudsman, which is an organisation authorised to resolve disputes between consumers and retailers (www.theretailombudsman.org.uk). They may be contacted via post to The Retail Ombudsman, 33 Floor Euston Towers, 286 Euston Road, London NW1 3DP (Tel: +44 203 540 8063), or via email to email@example.com . We will review any complaint passed on to us by the Retail Ombudsman.
If you purchased from us through our Website, you may be entitled to seek to settle the consumer dispute with us out-of court, through the EU platform for online dispute resolution which is available at http://ec.europa.eu/consumers/odr/.