Terms and Conditions
Please read all these Terms and Conditions.
As I can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone me on 07720779030.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). I am Andrew, a.k.a Andy McCafferty, of 6 Edinburgh Close, Market Harborough, Leicestershire, LE16 7QQ with email address andymccafferty.net@gmail.com; telephone number 07720779030; (The Seller or I or me).
2. These are the terms on which I sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and me for the supply of the Goods;
5. Delivery Location means the Seller's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that I supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Seller as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how I will deal with confidential and personal information received from you via the Website;
10. Website means my website www.andymccafferty.net on which the Goods are advertised.
Goods
11. The description of the Goods is as set out on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. I can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. I will notify you of these changes.
Personal Information
15. I retain and use all information strictly under the Privacy Policy.
16. I may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
17. The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, I can reject it for any reason, although I will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from me confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform me immediately of any errors. I am not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to me giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 14 days from its date, unless expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Seller in writing.
22. I intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell me, so that I can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as I may agree in writing.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and I can take payment immediately or otherwise before delivery of the Goods.
25. I accept payments made using all major credit and debit cards, as well as PayPal.
Delivery
26. I will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if I do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. I have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to me before the Contract was made that delivery on time was essential; or
b. after I have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and I have not delivered within that period.
28. If you treat the Contract at an end, I will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, I will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to me or allow me to collect them from you and I will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. I do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, I accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as I will not pay them.
32. You agree I may deliver the Goods in instalments if I suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, I may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until I have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, I can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow me to collect them.
Withdrawal and Cancellation
37. You can withdraw the Order by telling me before the Contract is made, if you simply wish to change your mind and without giving me a reason, and without incurring any liability.
38. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling me no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving me a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then I must without delay refund to you the price for those Goods which have been paid for in advance, but I can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
39. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
40. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to Cancel
41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
42. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
43. To exercise the right to cancel, you must inform me of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
44. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on my website. If you use this option, I will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation in the Cancellation Period
46. Except as set out below, if you cancel this Contract, I will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by me).
Deduction for Goods Supplied
47. I may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay me the amount of that loss.
Timing of Reimbursement
48. If I have not offered to collect the Goods, I will make the reimbursement without undue delay, and not later than:
a. 14 days after the day I receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
49. If I have offered to collect the Goods or if no Goods were supplied, I will make the reimbursement without undue delay, and not later than 14 days after the day on which I am informed about your decision to cancel this Contract.
50. I will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
51. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to me at 6 Edinburgh Close, Market Harborough, Leicestershire, LE16 7QQ without delay and in any event not later than 14 days from the day on which you communicate to me your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
52. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
53. I have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
54. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to me (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by me or set out in the Contract; and
c. on delivery conform in material respects with their description and any applicable Specification; subject to production processes beyond the control of the Seller as detailed in the accompanying product documentation detailed on the product page, and/or in documentation emailed/sent upon dispatch.
Intellectual Property
55. It is not a failure to conform if the failure has its origin in your materials.
56. I do not offer an express warranty beyond the statutory rights afforded to consumers.
57. The Seller retains ALL intellectual property rights in the design of and artworks and open edition prints, including without limitation any derivative works in accordance with any rights and licences specified in the sales documentation or on the Seller’s website.
58. The Customer (you) may not reproduce or distribute the Goods without the Seller's permission.
59. Image Rights and Usage: Upon payment of the agreed-upon fees, you must ask permission in writing from the copyright owner(s) if you want to perform certain acts, such as copying product images or associated designs, or sharing them on the internet or in published printed material.
60. Upon agreement of any such Usage, attribution should be given to the original creator or copyright holder of the artwork, typically by mentioning their name, the title of the work, and the source where it can be found.
61. Restrictions: you may not:
a. alter or modify the images in a way that is detrimental to the product's brand or reputation.
b. use the images in a manner that suggests the Seller endorses or sponsors any third-party products or services.
c. sub-license or assign the image rights to any other party.
62. Ownership: The Seller retains ownership of the product images and designs and all associated intellectual property rights.
Successors and Our Sub-Contractors
63. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Seller will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
64. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
Privacy
65. Your privacy is critical to me. I respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
66. These Terms and Conditions should be read alongside, and are in addition to the Seller’s policies, including the Seller’s Privacy Policy and Cookies Policy.
67. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
68. I am a Data Controller of the Personal Data I Process in providing Goods to you.
69. Where you supply Personal Data to me so I can provide Goods to you, and I Process that Personal Data in the course of providing the Goods to you, I will comply with my obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, I will identify the purposes for which information is being collected;
b. I will only Process Personal Data for the purposes identified;
c. I will respect your rights in relation to your Personal Data; and
d. I will implement technical and organisational measures to ensure your Personal Data is secure.
70. For any enquiries or complaints regarding data privacy, you can e-mail: andymccafferty.net@gmail.com.
Excluding Liability
71. The Seller does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Seller's other legal obligations. Subject to this, the Seller is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Seller believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
72. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
73. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
74. I try to avoid any dispute, so I deal with complaints in the following way: If a dispute occurs customers should contact me to find a solution. I will aim to respond with an appropriate solution within 5 days.
75. I aim to follow these codes of conduct, copies of which you can obtain as follows:
While I do not adhere to a specific industry code of conduct, I am committed to providing high quality goods and services in accordance with all applicable laws and regulations available from https://www.gov.uk/
Attribution
76. These Terms and Conditions were created using a document from https://www.rocketlawyer.com/gb/en.
Model Cancellation Form
To:
Andrew, a.k.a Andy McCafferty
6 Edinburgh Close
Market Harborough
Leicestershire
LE16 7QQ
Email address: andymccafferty.net@gmail.com
Telephone number: 07720779030
I/We[*] hereby give notice that I/We[*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate.