TERMS & CONDITIONS
This website www.johnpetch.com is owned and operated by ‘John Petch Art’. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors art created by John Petch and being able to buy. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Please read these terms and conditions carefully before using the www.johnpetch.com website and making an order. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us at email@example.com. The trading name is 'John Petch Art' with a trading address of: The Studio, 14 Whitstable Park, Widnes, Cheshire, UK, WA8 9AS we can be contacted at 0151 257 7484
In order to use our website and/or receive our products, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
This website, managed through Wix, is set-up by John Petch to showcase his art and sell prints and available original paintings. The term we, us, my in this document refers to 'John Petch Art'. Wix services shall be considered as a “Processor”. The “Controller” is www.johnpetch.com as such is responsible for the security, integrity and authorized usage of your Personal Information, and for obtaining consents, permissions and providing any fair processing notices required for the collection and usage of such information.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
BUYING PRODUCTS ON THE WEBSITE
By placing an order on www.johnpetch.com you acknowledge to have read and agreed to these Terms and Conditions. If you are unhappy with any aspect of these, then you should contact us at firstname.lastname@example.org or through contact on the website, before placing your order with us. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. All contracts are concluded in English. You must abide by these terms and conditions. We may end the contract for a product at any time by writing to you. We reserve the right to terminate your use of the Site or processing of any order if you violate this Agreement.
These terms and conditions may be amended and/or be extended to include other conditions applicable to specific products or services offered on the Site from time to time and shall continue to be binding on you provided that any such changes are clearly notified on the Site. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
PRICES & DUTIES
The payment charge is displayed on the website, before completing a purchase. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
Shipping costs are displayed in Shipping & Delivery. With shipping outside the you, the customer, is liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Customers should to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Payment is made on check out. We accept payment with all major debit and credit cards and Paypal. You must pay for the products when placing your order. Your credit or debit card will be charged prior to dispatch of the products to you.
We will assign an order number to your order which will be confirmed in the Order Confirmation. It will help us if you can tell us the order number whenever you contact us (email) about your order. If you think an order is wrong please contact us promptly to let us know.
Painting and print sizes are displayed . If we have been requested customised print measurements you have given us you are responsible for ensuring that these measurements are correct.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the product has been dispatched the order can not be changed as delivery will take place.
SHIPPING & DELIVERY
Our Dispatch Confirmation will include an estimated delivery date, which we aim to be within 7 days (UK) after the day on which we issue the Dispatch Confirmation.
If our supply of the products 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 products you have paid for but not received. Every effort will be made for the courier to deliver your purchase with up to three attempts being made. The driver will leave you instructions if this fails. The product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once dispatched.
We will need certain information from you so that we can supply the products to you, for example, contact details and confirmation of dispatch address. Information needed by us to deliver will be taken on check out on the website. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
RETURNS & REFUNDS
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, if it is faulty or misdescribed you may have the right to end the contract or if there is something we have done or failed to do. This does not affect your statutory rights as a consumer.
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. A full money-back guarantee or replacement for all purchases made on the website is offered. If there is a fault or damage to the product before or during shipment, you are eligible for a full reimbursement within 14 calendar days of your purchase from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back.
If you wish to return a purchase please notify us at email@example.com within 24 hours of delivery of any physical defects evident from inspection. You should retain the original product packaging and, where possible, record photographic evidence of such defects. You must post the defective products back to us or (if necessary) allow us to collect them from you. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
We will refund you the price you paid for the products including, where appropriate, delivery costs, by the method you used for payment. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer standard delivery of a product one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available or if there is a delay.
We take every care to ensure that the description and specification of our products are correct at the time of publication. However, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you. Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.
To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
RIGHT TO SUSPEND OR CANCEL USER ACCOUNT
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
You agree to indemnify and hold ‘John Petch’ Art harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services/products offered on the website.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall’ John Petch Art’, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, ‘John Petch Art’ assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
This website, these terms and conditions and any contract entered into as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
All rights (Intellectual Property Rights including copyright) in this website are owned by the artist John Petch. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of John Petch.
Nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this clause.
RIGHT TO CHANGE AND MODIFY TERMS
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this clause. For detailed information on your customer rights please visit the Citizens Advice website or call 03454 04 05 06.
John Petch Art January 2019