Terms and Conditions

Terms & Conditions

Mark Cowland Art: Website terms and conditions of sale

This page together with the Privacy Policy and Terms of Website Use tells you information about me and the legal terms and conditions (Terms) on which I sell paintings and prints from my online gallery (Products) which are provided on my website www.markcowlandart.com to you.
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 the site. Please note that by ordering any of the Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked “I agree to the Terms & Conditions” when making your purchase if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from the website.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms are amended from time to time as set out in clause 6. 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 17/09/15.
These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT ME

  1. I operate the website www.markcowlandart.com. I trade as a sole trader from Helios, Sunray Avenue, Whitstable Kent UK CT5 4EQ.
  2. To contact me, please email via my contact page.

2. OUR PRODUCTS

  1. All Products shown on the website are subject to availability. You will be informed by e-mail as soon as possible if the Product you have ordered is not available and I will not process your order if made.

3. USE OF THE WEBSITE

  1. Your use of the website is governed by the Terms of website use. Please take the time to read this, as it includes important terms which apply to you.
  2. I intend to rely upon these Terms and our Privacy Policy and Terms of Website Use in relation to the Contract between us.
  3. If you are a consumer you may only purchase Products from my website if you are at least 18 years old.
  4. If you are a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  5. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

4. HOW WE USE YOUR PERSONAL INFORMATION

  1. I only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

5. HOW THE CONTRACT IS FORMED BETWEEN US

  1. In order to place an order for Products on the website you should:
    1. Select the Product (or Products) you wish to purchase and click “Add to basket”;
    2. Once you have finished selecting Products, you should click “Check out”;
    3. You will then be taken through the payment process via a sequence of screens. You should move from one step to the next by clicking “next”.
    4. You will first be asked to provide your delivery address (we only offer Standard UK mainland delivery and to the billing address of the payment card used)
    5. Next you will be asked to provide the details of the card which you will be using to pay for the Products. You can review and amend the delivery details you have entered on the payment page, but the delivery address must be the same as the billing address for the payment card used.
    6. Finally when you have entered the correct information and wish to consider, you can click “Make payment”.
  2. The 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.
  3. After you place an order, you will receive an e-mail acknowledging that I 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 as described in clause 5.4.
  4. We will confirm our acceptance to you by sending 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 the Dispatch Confirmation.
  5. If I am unable to supply you with a Product, for example because that Product is no longer available or because of an error in the price on the website as referred to in clause 10.4, you will be informed of this by e-mail and your order will not be processed. If you have already paid for the Products, I will refund you the full amount as soon as possible.

6. OUR RIGHT TO VARY THESE TERMS

  1. I may revise these Terms from time to time in the following circumstances:
    1. changes in how payment is accepted from you; or
    2. changes in relevant laws and regulatory requirements.
  2. Every time you order Products, the Terms in force at that time will apply to the Contract between us.
  3. Whenever I revise these Terms in accordance with this clause 6, I will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

7. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER

This clause 7 only applies if you are a consumer.

  1. If you are purchasing as a consumer, you have a legal right to cancel a Contract during the period set out below in clause 7.2. 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 Product , you can notify me of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
  2. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. Once the Products have been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. You may not cancel any Contract after this period unless we agree.
  3. To cancel a Contract, please contact us by e-mail us via our contact page. You may wish to keep a copy of your cancellation notification for your own records.
  4. If you cancel the Contract during the period in clause 7.2:
    1. I will refund to you the price you paid for the Products including any delivery costs which you paid when purchasing the Products. I will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 7.2.
    2. you shall be required to return the Products in accordance with clause 7.6; and
    3. if you returned the Products to us because they were faulty or mis-described, please see clause 7.5.
  5. If you have returned the Products to us under this clause 7 because they are faulty or mis-described, I will refund the price of a defective Product in full together with any applicable delivery charges, and any reasonable costs you incur in returning the item.
  6. Any refunds made to you shall be on the credit card or debit card which was used by you to pay.
  7. If the Products which you wish to return were delivered to you:
    1. you must return the Products to us as soon as reasonably practicable;
    2. unless the Products are faulty or not as described (in this case, see clause 7.5), you will be responsible for the cost of returning the Products;
    3. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
  8. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
  9. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 7 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

8. DELIVERY

  1. Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside My Control. If I am unable to meet the estimated delivery date because of an Event Outside My Control, I will contact you with a revised estimated delivery date.
  2. Delivery will be completed when the Products are delivered to the address you gave.
  3. The Products will be your responsibility from the completion of delivery.
  4. You own the Products once full payment has been received, including all applicable delivery charges.

9. INTERNATIONAL ORDERS

  1. You may place an order for Products from outside the UK, but this order must be made by contacting the me direct via the contact page.

10. PRICE OF PRODUCTS AND DELIVERY CHARGES

  1. The prices of the Products will be as quoted on the website from time to time. I use my best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 10.4 for what happens in this event.
  2. Prices for the Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
  3. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our website from time to time. To check relevant delivery charges, please refer to our Delivery Charges.
  4. The website contains a number of Products. It is always possible that, despite reasonable efforts some of the Products on the website may be incorrectly priced. If I discover an error in the price of the Products you have ordered I will inform you in writing to inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your order. I will not process your order until I have your instructions. If I am unable to contact you using the contact details you provided during the order process, I 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, I do not have to provide the Products to you at the incorrect (lower) price.

11. HOW TO PAY

  1. You can only pay for Products in GBP Sterling using a debit card or credit card. I accept the following cards: Visa Credit, Visa Debit, MasterCard Credit, MasterCard Debit, Visa Electron and Maestro.
  2. Payment for the Products and all applicable delivery charges is in advance. I will charge your debit card or credit card on receipt of your order.

12. My LIABILITY IF YOU ARE A BUSINESS

This clause 12 only applies if you are a business customer.

  1. I only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
  2. Nothing in these Terms limit or exclude our liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation;
    3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
    4. defective products under the Consumer Protection Act 1987.
  3. Subject to clause 12.2, I will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
    1. any loss of profits, sales, business, or revenue;
    2. loss or corruption of data, information or software;
    3. loss of business opportunity;
    4. loss of anticipated savings;
    5. loss of goodwill; or
    6. any indirect or consequential loss.
  4. Subject to clause 12.2 and clause 12.3 , the total liability to you in respect of all other 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 120% of the price of the Products.

13. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, I DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE PRODUCTS. ANY REPRESENTATION, CONDITION OR WARRANTY WHICH MIGHT BE IMPLIED OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW OR OTHERWISE IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, I WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR YOUR PURPOSES.

14. MY LIABILITY IF YOU ARE A CONSUMER

This clause 14 only applies if you are a consumer.

  1. If I fail to comply with these Terms, I am responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but am 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.
  2. I only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  3. I do not in any way exclude or limit our liability for:
    1. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
    2. 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
    3. defective products under the Consumer Protection Act 1987.

15. EVENTS OUTSIDE MY CONTROL

  1. I 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 My Control. An Event Outside My Control is defined below in clause 15.2.
  2. An Event Outside My 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.
  3. If an Event Outside My Control takes place that affects the performance of my obligations under a Contract:
    1. we will contact you as soon as reasonably possible to notify you and my 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 My Control. Where the Event Outside My Control affects the delivery of Products to you, I will arrange a new delivery date with you after the Event Outside My Control is over.

16. COMMUNICATIONS BETWEEN US

  1. When I refer, in these Terms, to “in writing”, this will include e-mail.
  2. If you wish to contact me in writing, or if any clause in these Terms requires you to give notice in writing, you can send this to us by e-mail or by pre-paid post to me; Mark Cowland, Helios, Sunray Avenue, Whitstable Kent UK CT5 4EQ. I will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 7, please see clause 7 for how to tell us this.
  3. If I have to contact you or give you notice in writing, I will do so by e-mail or by pre-paid post to the address you provide to us in your order.

17. OTHER IMPORTANT TERMS

  1. I may transfer rights and obligations under a Contract to another organisation, but this will not affect your rights or the obligations under these Terms. I will always notify you by posting on this webpage if this happens.
  2. You may only transfer your rights or your obligations under these Terms to another person if I agree in writing.
  3. This contract is between you and me. No other person shall have any rights to enforce any of its terms However, if you are a consumer, the recipient of your gift of a Product me and you will not need their consent to cancel or make any changes to these Terms.
  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.
  5. If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce our rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, we will only do so in writing, and that will not mean that I will automatically waive any later default by you.
  6. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through my website and any dispute or claim arising out of or in connection with it will be governed by English law. You and I both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
  7. I will not file a copy of the Contract between us.