WEBSITE TERMS AND CONDITIONS OF SALE
[Version Amended 1.10.15]
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (these “Terms”) on which we, Klein Imaging (trading as Klein Editions) with a trading address at Studio 15a, 8 Lower Ormond Street, Manchester M1 5QJ (“we”, “us”, “our”) sell Prints all of our artistic prints (“Prints”) listed on our website kleineditions.com (“our site”) to you. These Terms will apply to any contract between us for the sale of Prints to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Prints from our site. Please note that by ordering any of our Prints, you agree to be bound by these Terms and any other documents expressly referred to within.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Prints, please check these Terms to ensure you understand the terms which will apply at the point of purchase. These Terms, and any Contract between us, are only in the English language.
1.INFORMATION ABOUT US
1.1 Our VAT number is 909 8799 52. To contact us, please see our ‘Contact’ page on our website or clause 14 .
1.2 These Terms are intended to take effect only in relation to sales of our Prints to purchasers who are ‘dealing as consumers’, as defined in section 12 of the Unfair Contract Terms Act 1977 (as amended, updated, varied or replaced from time to time). Any purchasers dealing as consumers can contact us at firstname.lastname@example.org. Any purchasers of our Prints which are not dealing as consumers can contact us at email@example.com.
2. INTELLECTUAL PROPERTY RIGHTS
3. OUR PRINTS
3.1 The images of the Prints on our site are for illustrative purposes only. Although we have made every effort to display the actual visual appearance of the Prints as accurately as possible, we cannot guarantee that your computer’s display of the Prints will accurately reflect the exact version of the Print, as shown on your computer screen. Your Prints may vary slightly from those images.
3.2 Although we have made every effort to be as accurate as possible, all sizes, weights, dimensions and measurements indicated on our site are for information purposes only.
3.3 The packaging of the Prints may vary from that shown on images on our site.
3.4 All Prints shown on our site are subject to availability. We will inform you by email as soon as possible if the Print you have ordered is not available and we will not process your order if made.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. PRINTS AND CONTRACT FORMATION
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
5.2 After you place an order, you will receive an email from us acknowledging that we have received your order (“Order Acknowledgment”). As all Prints shown on our site are subject to availability, please note that the Order Acknowledgment does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance of your order to you by sending you an email that confirms that the Prints have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to supply you with a Print, for example because that Print is not in stock or no longer available or because of an error in the price on our site as referred to in clause 8.5, we will inform you of this by email and we will not process your order. If you have already paid for the Prints, we will refund you the full amount as soon as possible.
5.5 We are legally obliged to supply you with Prints that conform with the Contract.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time.
6.2 Every time you order Prints from us, the Terms in force at that time will apply to the Contract between you and us. Whenever we revise these Terms in accordance with this clause 6, we will state that these Terms have been amended and state the date on which they were amended at the top of this page.
7.1 Your order will be fulfilled by the earliest achievable delivery date using our selected carriers. Our chosen carrier, and their delivery times may vary according to destination. If we are unable to meet our usual expected delivery dates because of a Force Majeure Event, we will contact you with a revised estimated delivery date.
7.2 Delivery will be completed when we deliver the Prints to you or as instructed by you.
7.3 The Prints will be your responsibility from the completion of delivery.
7.4 You own the Prints once we have received payment in full, including all applicable delivery charges, for those Prints.
8. PRICE OF PRINTS AND DELIVERY CHARGES
8.1 The prices of the Prints will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of the Prints are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Print(s) you ordered, please see clause 8.5 for what happens in this event.
8.2 Prices for our Prints may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
8.3 The price of a Print includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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 Prints in full before the change in VAT takes effect.
8.4 The price of a Print includes delivery and packaging charges.
8.5 Our site contains a large number of Prints. It is always possible that, despite our reasonable efforts, some of the Prints on our site may be incorrectly priced. If we discover an error in the price of the Print(s) you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Print at the correct price or to cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Prints to you at the incorrect (lower) price.
9. YOUR RIGHT TO CANCEL AND REFUND
9.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Print, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply in the case of any made-to-measure or custom-made Prints.
9.2 The Contract is formed when you receive the Dispatch Confirmation. Your right to cancel the Contract starts when you receive the Dispatch Confirmation and ends 14 days after the day following delivery of the Prints to you.
9.3 To cancel a Contract, you may contact us:
a) by sending an e-mail to firstname.lastname@example.org, in your own words or using the model cancellation form set out in the Schedule at the bottom of this page.
b) by sending a letter to Klein Editions at Studio 15a, 8 Lower Ormond Street, Manchester, M1 5QJ, United Kingdom, in your own words or using the model cancellation form set out in the Schedule at the bottom of this page.
c) by calling our Customer Services telephone line on +44 (0)161 408 6677.
You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date and time we receive the e-mail or the date on which we receive the letter. If you call us to notify us of your cancellation, then your cancellation is effective from the time you communicate such cancellation to us.
9.4 If the Prints were delivered to you and you cancel the Contract:
9.4.1 you must return the Prints to us as soon as reasonably practicable;
9.4.2 unless the Prints are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Prints to us;
9.4.3 you have a legal obligation to keep the Prints in your possession and to take reasonable care of the Prints while they are in your possession.
9.5 If you cancel a Contract in accordance with these Terms, you will receive a full refund of the price you paid for the Prints. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the returned Print(s) (if applicable) or, if earlier, the day on which you supply evidence of having sent the Print(s) to us.
9.6 If you have returned the Prints to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Print in full using the same means of payment used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any costs as a result of the reimbursement in accordance with clause 9.4, any applicable delivery charges, and any reasonable costs you incur in returning the item to us, as long as, in our reasonable opinion, the Prints were faulty or mis-described, as alleged.
9.7 Details of your legal right to cancel (which shall materialise on receipt of the Dispatch Confirmation) and an explanation of how to exercise it are provided in the Order Acknowledgement.
10. HOW TO PAY
10.1 You can only pay for Prints using our online payment gateway, provided by PayPal, or by phone [+44 (0)161 408 6677] using our accepted debit or credit cards.
10.2 Payment for the Prints and all applicable delivery charges is in advance. We will not print or dispatch your order until we have taken payment from you.
11. OUR WARRANTY FOR THE PRINTS
11.1 We provide a warranty that on delivery and for a period of at least 12 months, or such other period as is specified on our site, commencing on the date of delivery, the Prints shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 11.2.
11.2 The warranty in clause 11.1 does not apply to any defect in the Prints arising from:
11.2.1 fair wear and tear;
11.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
11.2.3 if you fail to operate or use the Prints in accordance with reasonable care and attention;
11.2.4 any alteration or repair by you or by a third party; or
11.2.5 any specification provided by you.
11.3 The Prints are supplied for private, domestic use only, and not for any commercial or business purposes. For the avoidance of doubt, warranties in these Terms (including that in clause 11.1) shall not apply where a Print is used for a commercial or business purpose.
12. OUR LIABILITY
12.1 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.
12.2 We only supply the Prints for domestic and private use. You agree not to use the Print 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 or any other losses arising from the commercial use of the Print.
12.3 We do not in any way exclude or limit our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), as amended, updated, varied or replaced from time to time;
12.3.4 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), as amended, updated, varied or replaced from time to time; and
12.3.5 defective Prints under the Consumer Protection Act 1987, as amended, updated, varied or replaced from time to time.
13. ‘FORCE MAJEURE Events’
13.1 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 a Force Majeure Event. A Force Majeure Event is defined below in clause 13.2.
13.2 A Force Majeure Event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:
13.3.1 we will contact you as soon as reasonably possible to notify you; and
13.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Prints to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
14. COMMUNICATIONS AND COMPLAINTS
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 If you wish to contact us in writing for any reason, you can send this to us by post marked for the attention of Customer Services at Klein Editions, Studio 15a, 8 Lower Ormond Street, Manchester, M1 5QJ, United Kingdom, or by email to email@example.com. You can also contact us using our Customer Services telephone line at +44 (0)161 408 6677.
14.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
14.4 Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
15. OTHER IMPORTANT TERMS
15.1 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. We will always notify you by posting on our site if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a Print as a gift, you may transfer the benefit of the warranty in clause 11 to the recipient of the gift without needing to ask our consent.
15.3 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. The recipient of your gift of a Print will have the benefit of our warranty at clause 11, but we and you will not need their consent to cancel or make any changes to these Terms.
15.4 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.
15.5 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.
15.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Prints through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.