TERMS & CONDITIONS
These Terms and Conditions apply to all purchases made on this website.
For any purchases made under the Own Art Scheme (for details see www.ownart.org.uk) your contract will be with Archer Publications Limited.
For all other purchases made on this Site, your contract will be with Artrepublic Online Limited.
In these Terms and Conditions (Terms), “we”, ”us” and “our” shall be interpreted as referring to Archer Publications Limited where the purchase is under the Own Art Scheme, or to Artrepublic Online Limited in relation to ALL other purchases.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
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 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 15 April 2015. When we refer, in these Terms, to "in writing", this will include e-mail.These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.artrepublic.com. Archer Publications Limited is a company registered in England (company no. 2730788) whose registered office is at 100 Church Street, Brighton BN1 1UJ). Artrepublic Online Limited, a company registered in England (company no. 9096809) whose registered office is 28 Fourth Avenue, Hove, East Sussex BN3 2PJ, United Kingdom.
1.2 Contacting us: You can also e-mail us via our help desk or contact our Customer Services team by telephone on 0345 646 1234 (in the UK) or +44 1273 766360 (from outside the UK) or by post to Artrepublic Ltd, Unit 12, Hove Technology Park, St Joseph’s Close, Hove BN3 7HG, UK. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our Site will guide you through the steps you need to take to place an order with us. 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 page of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we send you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you Dispatch Confirmation.
4.3 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 we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5. OUR RIGHT TO VARY THESE TERMS
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
5.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
5.3 We may revise these Terms as they apply to an order which you have already made if that is necessary to reflect a change in relevant laws and regulatory requirements.
5.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, 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 6.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
6.2 However, this cancellation right does not apply if your purchase of a print includes a custom-made frame.
6.3 Your legal right to cancel a Contract starts from the date when we confirm despatch, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
Your Contract End of the cancellation period
Your Contract is for a single Product.
The end date is 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Products which are delivered on separate days
The end date is 14 days after the day on which you receive the last of the Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
6.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is via our helpdesk. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also contact us by any method shown in clause 1.2. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
6.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) in the case of products returned from addresses in the United Kingdom: refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer;
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after 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 to us. For address details, see clause 1.2;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
6.6 If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
6.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
6.8 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, or return it to us at the address given in clause 1.2;
(b) unless the Product is faulty or not as described (in this case, see clause 6.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.;
6.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms.
7.1 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.
7.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
7.3 You own the Products once we have received payment in full, including all applicable delivery charges.
8. INTERNATIONAL DELIVERY
8.1 If you order Products from our site for delivery outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. 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 please see clause 9.5 for what happens if we discover an error in the price of Product(s) you ordered.
9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of a Product 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 Products in full before the change in VAT takes effect.
9.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
9.5 Our site contains a large number of Products. It is always possible that, despite our efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you [in writing] to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling 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 Products to you at the incorrect (lower) price.
10. HOW TO PAY
10.1 You can pay for Products in either of the following ways:
(a) using a debit card or credit card: we accept the following cards: Maestro UK, Mastercard, Solo, Visa, Vida Debit, Visa Electron and American Express.
(b) using one of our Gift Vouchers (see 10.3)
(c) Bank Transfer
10.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
10.3 The following terms apply to purchases using our Gift Vouchers:
(a) Each of our Gift Vouchers has a unique reference code. For purchases online, the code must be quoted.
(b) Our Gift Vouchers may be exchanged for Products: where the Product(s) being purchased are of a higher total price than the Gift Voucher, you must pay the difference by debit card or credit card.
(c) Where the Product(s) being purchased are of a lower total price than the Gift Voucher, the difference will be credited to you for use on your next purchase. No part of a Gift Voucher can be exchanged for cash.
(d) Each of our Gift Vouchers is valid for 12 months from the date of issue, following which the Gift Voucher (and any credit referred to in (c) above) cannot be used in a purchase from us.
(d) We do not accept liability for lost or stolen Gift Vouchers.
11. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 11 only applies if you are a business customer.
11.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
11.2 Nothing in these Terms limits or excludes 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.
11.3 Our total liability to you in respect of all 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 the price of the Products.
12. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 12 only applies if you are a consumer.
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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 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); and
(e) defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control 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 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.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14. INTELLECTUAL PROPERTY
14.1 artrepublic and artrepublic.com are registered trademarks of Artrepublic Ltd in the United Kingdom and other countries. These trademarks may not be used in connection with any product or service without our written consent.
14.2 All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Artrepublic Limited or its content suppliers and protected by U.K. and international copyright laws. The content and software on this site may be used as an information and shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site without the permission of artrepublic.com is strictly prohibited.
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 this webpage 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.
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.
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 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products 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.
15.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
16. VOUCHER REDEMPTION TERMS
16.1 Voucher Codes exclude all limited edition, original and rare prints
- Offers are valid within the dates specified only
- Voucher codes can only be applied if products are ‘in stock’
- Only one promotional voucher can be used per order
- Voucher codes cannot be applied retrospectively to orders
- Voucher Codes are only redeemable online not via our gallery
16.2 If you register using our pop-up offer, please note that this offer is only available on open edition prints and not on original, rare, artist proof (AP), or limited editions. Our voucher terms and conditions cited in 16.1 also apply.
16.3 10% OFF Voucher running 27 Nov - 6th Dec 2015: Gift Voucher expires at midninght on Sunday 6th Dec 2015. Check the print has the '10% OFF bauble' next to it - this means it qualifies for the offer! Festive Reductions are not eligible for the 10% discount. The XMAS10 voucher code cannot be exchanged for cash and cannot be redeemed retrospectively.
If you have any problems processing your voucher code please call our Customer Services team on 01273 766360 or email email@example.com
17. OWN ART
- Interest free credit is available on selected Limited edition prints ONLY. The prints must be from an edition of 150 or less and by a living artist.
- The Own Art scheme is available to UK residents who are over 18 only.
- Apply for a loan between £100 and £2000 when purchasing eligible art.
- Finance is provided by Hitachi Personal Finance, a division of Hitachi Capital (UK) PLC, authorised and regulated by the Financial Conduct Authority.
- If you have any questions about the Own Art scheme, or would like to apply for a loan, please call us before making your purchase on 01273 766360 (lines open 9:00am to 5.30pm Monday to Friday or 9am-5.30pm on Saturday)
- Alternatively email anytime us via our help desk with your contact telephone number and we'll be happy to give you a call to go through any questions and to process your loan
- Loans are 0% APR Representative
- Archer Publications Ltd (t/a artrepublic) are a member of the Own Art Loan Scheme.
- Registered address: 13 Bond Street, Brighton, BN1 1RD
- Prize winners will be contacted within 7 days of a competition closing and winners MUST claim their prize within 14 days. After 14 days another winner will be selected at random from all entries.