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Conditions of Sale

1. Definitions
In these conditions, unless the context requires otherwise:
1.1. 'Buyer' means the person who buys or agrees to buy the goods from the Seller;
1.2. 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.3. 'Completion Date' means the date specified by the Seller when the goods are to be completed and ready for collection or delivery;
1.4. 'Goods' means the prints which the Buyer has ordered and agrees to buy from the Seller, having supplied the artwork to the Seller;
1.5. 'Price' means the price for the Goods excluding carriage, packing, insurance and VAT and as specified on the front of this form; and
1.6. 'Seller' means the person whose name and address appears in the box marked 'Seller' overleaf.

2. Conditions applicable
2.1. These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions and such orders shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.3. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. Price and payment
3.1. The Price shall be the price set out overleaf. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice.
3.2. On every first order of Goods from a Buyer, payment of the Price shall be made by the Buyer to the Seller on the Completion Date and payment shall be made by cheque, cash or by credit or debit card (via PayPal). For every subsequent order for Goods, payment of the Price and VAT shall be due within 30 days of the date of the invoice from the Seller to the Buyer. Time for payment shall be of the essence.
3.3. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above Barclays Bank plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.

4. The Goods
The quantity and description of the Goods shall be as set out in the Seller's quotation.

5. Warranties and liability
The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
The Buyer warrants to the Seller that the Buyer is the owner of the copyright of the artwork from which the Goods are produced or is otherwise authorised by the copyright owner to print and distribute the works and that the artwork does not constitute anything that is obscene, blasphemous, libellous or otherwise unlawful. The Buyer hereby indemnifies the Seller against all against all actions, proceedings, judgements, costs, claims and demands resulting from any breach or alleged breach of such warranty.

6. Collection/Delivery of the Goods
Collection/delivery of the Goods shall be available on the date specified overleaf.

7. Acceptance of the Goods
7.1. The Buyer shall be deemed to have accepted the Goods immediately upon collection by or delivery to the Buyer.
7.2. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

8. Remedies of Buyer
8.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
8.2. Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
8.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

9. Proper law of contract
This contract is subject to the law of England and Wales
 
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Artist's proofs are an essential part of setting up a Giclée print edition.
  Sometimes the printed proof is virtually indistinguishable from the original artwork if we do the scanning.
 
  Our setting up fee includes this process as standard and you will receive proofs of your original artwork.
 
  Once set up, all subsequent prints are an exact facsimile of the original proof and Art4siteLtd guarantees this consistent quality.
 
  If we are scanning from transparencies, we much prefer sight and reference to the original to produce an accurate colour match as the process can be more subjective.
 
  If we are not scanning or producing the origination of your work and you provide the digital file, such as photographs, proofing is also a necessary step in setting up the editions.  
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Copyright © Art4site Ltd 2014. All rights reserved.

Registered in England & Wales No. 06781031
Registered Office:
Stourside Place, Station Road, Ashford, Kent TN23 1PP
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