BUYER TERMS AND CONDITIONS

www.josephjwalkerart.com (the Website) is a venue which enables you to buy artwork from JOSEPH J WALKER ART.

                                                                                                                                    

These terms and conditions regulate the business relationship between you and us (JOSEPH J WALKER ART).  By using our website in any way, or by buying from us, you agree to be bound by them.  By using our website and placing an order, the buyer (referred to as “you” in these Terms and Conditions) is in agreement with our terms and conditions and therefore enters a legally binding agreement with JOSEPH J WALKER ART (referred to as “we” “our” “us” or “JOSEPH J WALKER ART”

 

You are: visitor to our website / our customer / the buyer

 

No person under the age of 18 years may purchase goods.

 

We advise you to read our terms and condition, as stated below, prior to placing your order as we want to do our very best to protect your interests.

 

 

DEFINITIONS

In this agreement:

  • “User” or “you” means anyone using and/or visiting the Website for any purpose.

  • “We”, “Us”, means the organisation who supplies and owns this Website, JOSEPH J WALKER ART.

  • “Website” means the website and all content at www.josephjwalkerart.com

  • “Carrier” means any person or business contracted by us to carry goods from us to you, whether all or part of the distance.

  • “Our website” means the entire computing hardware and software installation that is or supports our website.

  • “Buyer” means the person and/or organisation who use the Website and may buy artwork.

  • “Consumer” shall have the meaning ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

  • “Artwork” means the pieces of art/artwork/products which a buyer agrees to buy using the Website, including commissions and made to order, as described in the individual listing on the Website.

  • “Goods” means any of the goods we offer for sale on our website.

  • “Commissions” means artwork supplied according to the buyer’s requirements so the buyer may choose, for example, a subject matter or colour variations, for example, a painting from a photograph. However, the buyer must bear in mind that artwork is a personal choice and must be clear if the buyer has any specific requirements. Unless otherwise agreed, commissions require a non-refundable 50% deposit to be paid in advance with the balance payable once the buyer has approved the images. 

  • “Made to Order'” means artwork which is painted/made for the buyer based on an original piece of artwork which the buyer likes. They will be similar to the original but, because of their very nature, will have variations in the design and colour, and no two paintings will be exactly the same in appearance. Made to Order artwork will not be an exact replica of the original.

  • “Content” means information in any form published on our website by us or any third party with our consent.

  • “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.

  • “Mainland UK” includes many delivery addresses in England, Wales, N Ireland and mainland Scotland but does exclude some postcodes.

  • “Order confirmation” means the email confirming the buyer’s order and will confirm such details as what JOSEPH J WALKER ART has agreed to supply, the price and expected delivery/supply date.

  • “Standard Delivery” means a method of delivery within Mainland UK, using a carrier approved by us, which is insured to at least to the value of the sale price for the artwork being sent and for which the carrier obtains a signature upon delivery to show receipt.

  • “Terms and Conditions” means these Terms and Conditions which also incorporate all policies  and other Terms and Conditions displayed on our website and will also include any special terms and conditions agreed in writing by us.

  • “Upload onto the Website” means any submission or post, including any information regarding any artwork for sale, in any format, including any post, content or anything whatsoever which a user uploads or provides to us for upload and subsequently appears and can be viewed on the website. This includes taking part in any available feedback, review, discussion, forum etc.

  •  “Working Days” means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.

 

 

 

CONDITIONS

  • These Terms and Conditions apply to the use of the website and purchase of artwork and prevail over any other agreement, documentation or communication whatsoever between us and can only be varied if agreed between us in writing.

  • Any special conditions which apply will be set out in the order confirmation.

  • Nothing in these Terms and Conditions is intended to affect any buyer’s statutory rights as a consumer.

  • From time to time we may change these Terms and Conditions and it is your responsibility to check the Terms and Conditions which apply as at the time of your order. We also advise you print these terms as soon as you have placed your order.

  • Any queries must emailed to art@josephjwalkerart.com

 

 

 

THE ARTWORK

  • We are a venue which enables you to buy unique artwork, using the Website which is owned and operated by us, JOSEPH J WALKER ART.

  • Details of the artworks for sale are displayed on the website but if you need any other information or you have any queries you can contact us at art@josephjwalkerart.com before placing your order.  

  • Any quotes for commissions or made to order artwork will be valid for a period of 14 days.

  • Any specification, descriptions or artwork details in any format or any form of advertising material are shown by us to provide some indication of the artwork and are not part of any agreement unless specifically stated within the order confirmation.

  • Once your order has been accepted you will be provided with an order confirmation email.

  • Details of the artwork which we will be supplied to you are contained within the order confirmation. Only the artwork as detailed in the order confirmation is included.

  • If we are unable to supply any artwork then we will, at our sole discretion, either

    • Offer an alternative OR

    • Cancel the order, and you will be provided with a full refund within 14 days.

  • With regards to commissioned artwork, we will agree a price based on your requirements. 50% of the agreed price is payable once an order is placed by you. You will then be sent images for approval. Once you approve an image then you are not able to cancel a commission.

  • With regards to made to order artwork, once artwork has been completed then you will then be sent images for approval. Although by law you have no right to cancel these orders you are given a 14 days period in which to change your mind and return the artwork, provided it is returned in its original condition and you return it ensuring that it fully insured until we take delivery.

  • You can approve images by contacting us at art@josephjwalkerart.com

  • Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the artwork.

 

 

 

PRICE AND PAYMENT

  • The price of the artwork, excluding commissions and made to order, is as displayed in GBP on the website at the time of purchase.

  • The price that you will pay will be confirmed in the order confirmation and we will supply you with your invoice.

  • Additional artwork or services will be subject to additional charges.

  • You must pay us the full price of your order before we will send any part of it.

  • Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

  • You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

  • The price may include standard delivery within Mainland UK. 

  • An additional charge may be made for anything other than standard delivery and for international deliveries according to the address, size and weight of the artwork. Where it is not displayed you can  email us at art@josephjwalkerart.com for these charges once you have decided which artwork you would like to purchase.

  • Payment is made to us in accordance with the order process on the website which outlines the current methods of payment which the website accepts.

  • Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method.

  • Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example your address), particularly to enable us to complete an order.

  • Once you have placed an order you are responsible for payment and, if you do not pay or there are any problems with your chosen method of payment, you remain responsible for payment.

  • If payment is not received when it is due then we reserve the right to charge up to 20% interest for each month (or part thereof) that payment, or any part of it, remains unpaid until full cleared payment is received and are also entitled to recover all reasonable expenses incurred in obtaining payment from you, where any payment or part payment due to us is late.

 

 

 

TITLE AND RISK

  • As soon as the purchase price is paid in full, you will become the legal owner of the artwork and, upon such payment, you will be responsible for the artwork and the risk of damage to or loss of the artwork will pass to you.

 

 

 

OWNERSHIP OF THE ARTWORK COPYRIGHT

  • Copyright in the artwork remains the property of JOSEPH J WALKER ART.

  • JOSEPH J WALKER ART may produce any image of the artwork and may, at any time, publish or submit for publication or reproduction any image of the artwork to any third party, including any internet website for any purpose.

  • You may not produce any image of the artwork and may not, at any time, publish or submit for publication or reproduction any image of the artwork to any third party, including any internet website for any purpose.

  • If you do produce any image of the artwork and, at any time, publish or submit for publication or reproduction any image of the artwork to any third party, including any internet website for any purpose, you agree that:

    • You will make payment of damages to compensate JOSEPH J WALKER ART for your breach

    • JOSEPH J WALKER ART may apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions

    • JOSEPH J WALKER ART may contact the operator of any internet website on which an image of the artwork has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website.

 

 

 

INFORMATION YOU GIVE US

  • You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the goods.

  • We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.

 

 

 

DELIVERY

  • Delivery is arranged by the us to the address, as provided by you on the order confirmation.

  • Delivery times are estimates and not guaranteed. 

  • Free UK shipping can be to an address in Mainland UK. Please contact us and confirm whether the address you wish to use for delivery qualifies for this before placing your order.

  • There will be an extra charge for other delivery services, and delivery to any address outside Mainland UK.

  • Multiple pieces of artwork may be despatched individually.

  • If you have any particular shipping requirements then you must please contact us at art@josephjwalkerart.com

  • Other than for commissions or made to order artwork, unless the applicable listing or order confirmation says otherwise, we aim to dispatch artwork to you within 14 days of the date of accepting your order to comply with the law. If there is going to be a delay we will let you know by email so you can cancel your order or choose another piece of artwork.

  • For commissions or made to order artwork, we aim to provide you with estimated delivery dates within seven days of the date of your order.

  • You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of artwork.

  • Risk in artwork passes to you upon delivery of the artwork.

  • Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.

  • Delivery of artwork will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the artwork and also the state of the package received.

  • When you receive your order, it is your responsibility to carefully examine both the package (before it is opened) and the artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, 'Received Damaged'.

  • In the subsequent event that the artwork is found to be damaged, please email us at art@josephjwalkerart.com

 

 

 

INTERNATIONAL SALES

  • The price is displayed in British pounds (GBP) and so you will be paying using GBP.

  • Currency exchange rates and charges are your responsibility so you may wish to check this with your own payment provider before placing your order.

  • Delivery of artwork to an international address (outside of Mainland UK) is at your own expense and risk and so we always advise that you to check directly with customs officials in the country where any delivery address is located so that you understand what duties or other charges may be imposed if you ask goods to be delivered to that country.

  • You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.

  • In addition to the actual purchase price of the artwork, you will be solely and fully responsibility for any and all tax/duty costs, fees, liabilities, handling charges, shipping costs, insurance which may arise or apply to your order and delivery.

  • This means that we will not be responsible for any costs incurred as a result of any delivery of artwork to you.

  • With all international sales we also recommend that you:

    • check the unit of weights and measurements used (for example imperial inches or metric centimetres)

    • remember to allow extra time for delivery of your Artwork

  • If you have any queries about the artwork shipping and delivery please email art@josephjwalkerart.com

 

 

 

RETURNS AND REFUNDS

  • This clause only applies to you if you are a consumer and want to exercise your consumer cancellation rights.

  • Consumer rights legislation means that consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to obtain a refund.

  • Please note that these cancellation rights do not apply to any commissioned or made to order artwork. You may not cancel these orders, all deposits are non-refundable, and no refunds will be issued.  

  • All deposits paid for commissioned  or made to order artwork are non-refundable. 

  • The returns and refund policy only applies to distance purchases.  In all other instances, no refunds will issued. 

  • All deposits, including the 50% deposits paid for commissioned and made to order artwork, are non-refundable, including the 50% deposits paid for commissioned and made to order artwork, are non-refundable. 

  • If you are unsure as to whether you are purchasing as a consumer please check this before placing your order. You can contact us at art@josephjwalkerart.com

  • If you would like to return your order, please confirm this in writing by emailing art@josephjwalkerart.com within 14 days from the date you received your order (or from the date you received the last item which completed your order). We will then help you with information about how and when to return the item to us.

  • However, once you have cancelled in writing, items can be returned to us,  although we do advise you to contact us first, before simply returning an item so that we can help you to safely return the artwork.

  • Artwork should be returned unused and in perfect condition with the original packaging, within 14 days of the date you advise us of your cancellation, at your expense to the postal address as provided by us.

  • We always advise that you return artwork using a service which provides you with proof of sending.

  • Unless your item is faulty or we have agreed otherwise with you prior to you returning the artwork, then you will be responsible for the costs in returning the item to the us.

  • We ask that you please repackage the artwork in its original packaging securely, to guard against damages, remove all original shipping labels and, replace with the return shipping address provided by us.

  • The law enables sellers (us) to deduct an amount from your refund if you have diminished the value of the artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.

  • After we have received the goods, and providing they are in the exact condition in which they left us, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;

  • If you do not return the goods to us, you are still liable to us for the cost.

  • We are under no obligation to collect or recover goods from you, but if we do, our costs will be payable by you.

  • If the artwork is in anyway damaged, due to your negligence, we will deduct an appropriate amount from your refund. Please note that damaged artwork may be unrepairable and therefore unsellable.  Should this be the case then we will not issue any refund.

  • Unless you have lost the right to cancel, when you cancel an order for artwork we will refund the amount you paid for the artwork. 

  • We will not refund any delivery or shipping costs incurred by you.

  • Where you cancel an order for artwork then we will refund you within 14 days of the date we receive the artwork or the date you supply us with evidence of having sent the artwork back to us - whichever is sooner.

  • Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to seven days to reach your account.

 

 

 

FAULTS, PROBLEMS WITH YOUR ORDER, AND RETURNS

  • Where there is a problem with your order, such as the wrong artwork arrives or any artwork is faulty or missing, then we ask that you email us at art@josephjwalkerart.com within 14 days from the day you received the artwork.

  • Consumers may have a right to reject some faulty artwork but this right is limited to 30 days from the date you purchased the artwork.

  • Depending on the problem with your order we will advise you whether:

    • You should send photos of the damage artwork and packaging and retain the artwork as you are advised should the courier or ourselves wish to inspect it and/or we will make arrangements for a carrier to collect the artwork from the address the Artwork was delivered to. Collection will usually be Monday – Friday, 8am - 7pm OR

      • Ask you to return the artwork to us

  • We ask that you please repackage the artwork in its original packaging securely, to guard against damages, and remove all original shipping labels and, replace with the return shipping address provided by us.

  • Within 14 days of receipt of the faulty artwork we will either:

    • repair the artwork

    • provide a replacement

    • refund the cost of the artwork

  • We will not refund any delivery or shipping costs incurred by you.

  • Refunds are made with 14 days of the date the artwork is received back to us, using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to seven days to reach your account

 

 

 

DISCLAIMERS

  • We or our content suppliers may make improvements or changes to our website, the content, or to any of the goods, at any time and without advance notice.

  • You are advised that content may include technical inaccuracies or typographical errors.

  • We give no warranty and make no representation, express or implied, as to:

    • the adequacy or appropriateness of the goods for your purpose.

    • the truth of any information given on our website

    • any implied warranty or condition as to merchantability or fitness of the goods and services for a particular purpose

    • compatibility of our website with your equipment software or telecommunications connection

    • compliance with any law

    • non-infringement of any right.

  • Our website may contain links to other Internet websites. We have neither power nor control over any such website.

  • You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

  • We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of goods.

  • In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.

 

 

 

LIMITATION OF LIABILITY AND INDEMNITY

  • Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.

  • We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.

  • Other than those implied by law where a buyer is dealing as a consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the artwork.

  • You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.

  • You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of our website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

 

 

 

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

  • Title, ownership rights, and intellectual property rights in the content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.

  • You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement.

  • You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.

 

 

 

SYSTEM SECURITY

  • You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation.

  • You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our website, or any software used on our website, and that you will not permit any other person to do so.

  • You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

  • Examples of violations are:

    • accessing data unlawfully or without consent

    • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures

    • attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”

    • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

    • taking any action in order to obtain Goods to which you are not entitled.

  • You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

    • any violation of system security as set out above

    • your use of our website

    • any other breach or violation of this agreement by you

    • the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

 

 

 

RIGHTS OF THIRD PARTIES

  • Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

 

 

 

SEVERABILITY

  • If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

 

 

 

NO WAIVER

  • No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

 

 

 

DISPUTE RESOLUTION

  • In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

 

 

 

FORCE MAJEURE

  • We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

 

 

 

GOVERNING LAW

  • This Agreement shall be governed by and construed in accordance with the law of England.

  • This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

  • Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.