TERMS & CONDITIONS

These terms and conditions together with the documents referred to in them (“T&Cs”) tell you the basis on which we will supply the goods (“Goods”) to you (the "Customer").  Please read these T&Cs carefully before ordering any Goods.  By ordering any of the Goods, you agree to be bound by these T&Cs.

1.  Application

1.1  The T&Cs will apply to the purchase of the Goods by the Customer from Antonia Dennis Fine Art (the "Supplier").

 

1.2  By ordering any of the Goods, the Customer agrees to be bound by the T&Cs.  The Customer can only purchase the Goods from the Website if eligible to enter into a Contract and aged at least 18 years old.

2.  Interpretation

2.1  "Consumer" means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

2.2  "Contract" means the legally-binding agreement between the Customer and the Supplier for the supply of the Goods;

 

2.3 "Delivery Location" means the Customer's premises or other location where the Goods are to be supplied, as set out in the "Order";

 

2.4  "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;

 

2.5  "Goods" means the goods advertised on the Website supplied to the Customer of the number and description as set out in the Order;

 

2.6  "Order" means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

2.7  "Privacy Notice" means the terms which set out how we will deal with confidential and personal information received from the Customer via the Website;

2.8  "Website" means www.antoniadennisfineart.com on which the Goods are advertised.

3.  Goods

3.1  The description of the Goods as set out in 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.

 

3.2  In the case of any Goods made to special requirements, it is the responsibility of the Customer to ensure that any information or specification provided is accurate.

 

3.3  All Goods which appear on the Website are subject to availability.

 

3.4  The Supplier can make changes to the Goods which are necessary to comply with any applicable law or safety requirement.  The Supplier will notify the Customer of these changes.

4.  Personal Information

4.1  The Supplier retains and uses all information strictly under the Privacy Notice.

 

4.2  The Supplier may contact the Customer by using e-mail or other electronics communication methods and by pre-paid post and the Customer expressly agrees to this.

5.  Basis of Sale

5.1  The description of the Goods on the Website does not constitute a contractual offer to sell the Goods.  When an Order has been submitted on the Website, the Supplier can reject it for any reason.  The Supplier will inform the Customer for the reason for cancellation without delay.

 

5.2  The Order process is set out on the Website.  Each step allows the Customer to check and amend any errors before submitting the Order.  It is the responsibility of the Customer to follow the ordering process correctly.

 

5.3  A Contract will be formed for the sales of the Goods ordered only when the Customer receives an email from us confirming the Order (Order Confirmation).  The Customer must ensure that the Order Confirmation is complete and accurate and inform the Supplier immediately of any errors.  The Supplier is not responsible for any inaccuracies in the Order placed by the Customer.  By placing an Order, the Customer agrees to the Supplier giving confirmation of the Contract by means of an email with all the information in it.  The Customer will receive the confirmation of the Order within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

 

5.4  Any quotation is valid for a maximum period of 7 days from its date, unless the Supplier expressly withdraws it at an earlier time.

 

5.5  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 Supplier in writing prior to dispatch.

 

5.6  The Supplier intends that the T&Cs apply only to a Contract entered by the Customer as a Consumer.  If this is not the case, the Customer must inform the Supplier, so that the Supplier can provide the Customer with the relevant business contract with appropriate T&Cs.

6.  Price and Payment

6.1  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 the Supplier may agree in writing.

 

6.2  Prices and charges include VAT at the rate applicable at the time of the Order.

 

6.3  The Customer must pay by submitting credit or debit card details with the Order so the Supplier can take payment immediately or otherwise before delivery of the Goods.

7.  Delivery

7.1  The Supplier will deliver the Goods, to the Delivery Location by the, 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.

7.2  In any case regardless of events beyond the Supplier's control, the Customer can (in addition to any other remedies) treat the contract at an end if: 

(a)  the Supplier has refused to deliver the Goods or;

(b)  taking into account all the relevant circumstances at the time the Contract was made, failed to deliver within reasonable time; or

(c)  the Supplier failed to meet the agreed delivery date arranged with the Customer before the Contract was made; or

(d) after the Supplier has failed to deliver on time, the Customer has specified a later period which is appropriate to the circumstances and the Supplier has not delivered within that period.

7.3  If the Customer treats the Contract at an end, prior to dispatch, the Supplier will (in addition to other remedies) promptly return all payments made under the Contract.   

7.4  If the Customer was entitled to treat the Contract at an end, but did not do so, the Customer is not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if the Customer does this, the Supplier 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, the Customer must return the Goods, in good condition and in the original unopened packaging, to the Supplier or allow the Supplier to collect the Goods prior to refund. 

 

7.5  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) the Customer cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

7.6  The Supplier does not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands.  If, however, the Supplier accepts an Order for delivery outside that area, it is the Customer's responsibility to pay any additional import duties or other taxes that may be due.

 

7.7  The Customer agrees that the Supplier may deliver the Goods in instalments if the Supplier suffers a shortage of stock or other genuine and fair reason, subject to the above provisions and provided the Customer is not liable for extra charges.

 

7.8  If the Customer or the Customer's nominee fail, through no fault of the Supplier, to take delivery of the Goods at the Delivery Location, the Supplier may charge the reasonable costs of storing and redelivering them.

7.9  The Goods will become the Customer's responsibility from the completion of delivery or Customer collection.  The Customer must, if reasonably practicable, examine the Goods before accepting them.

8.  Risk & Title

8.1  Risk of damage to, or loss of, any Goods will pass to the Customer when the Goods are delivered.

 

8.2  The Customer does not own the Goods until the Supplier has received payment in full.  If full payment is overdue or a step occurs towards the Customer's bankruptcy, the Supplier can choose, by notice, to cancel any delivery and end any right to dispatch the Goods. 

9.  Withdrawal, Returns and Cancellation

9.1  The Customer can withdraw the Order by informing the Supplier before the Contract is made, if the Customer has a change of mind and without giving the Supplier a reason, and without incurring any liability.

9.2  The Contract is a distance contract (as defined below) which has the cancellation rights ("Cancellation Rights") set out below. The Cancellation Rights, however, do not apply to a contract for Goods that are made to the Customer's specifications or are clearly personalised;

Right to cancel

 

9.3  Subject as stated in the T&Cs, the Customer can cancel this Contract within 14 days without giving any reason.

 

9.4  The cancellation period will expire after 14 days from the day on which the Customer or the Customer's nominee acquires physical possession of the last of the Goods.  

9.5  To exercise the right to cancel, the Customer must inform the Supplier of the decision to cancel this Contract by a clear statement setting out the Customer's decision (e.g. a letter sent by post or email).  The Customer must be able to show clear evidence of when the cancellation was made.

9.5  To meet the cancellation deadline, it is sufficient for the Customer to send a communication concerning the Customer's exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

9.6  Except as set out below, if the Customer cancels the Contract, the Supplier will reimburse to the Customer all payments received from the Customer, 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 us).

Deduction for Goods supplied

9.7  The Supplier may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is a result of unnecessary handling by the Customer (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).   

Timing of reimbursement

9.8  If the Supplier has not offered to collect the Goods, the Supplier will make the reimbursement without undue delay, and not later than

(a) 14 days after the day we 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.

 

9.9  If the Supplier has offered to collect the Goods or if no Goods were supplied, the Supplier will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about the Customer's decision to cancel the Contract.

 

9.10  The Supplier will make the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Supplier and Customer have expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of the reimbursement.

Returning Goods

9.11  If the Customer has received Goods in connection with the Contract which the Customer has cancelled post-dispatch, the Customer must send back the Goods without delay and, in any event, not later than 14 days from the day on which the Customer communicates the cancellation of the Contract to the Supplier. The deadline is met if the Customer sends back the Goods before the period of 14 days has expired.  The Customer agrees to bear the cost of returning the Goods.

9.12  For the purposes of the Cancellation Rights, these words have the following meanings:

(a)  "Distance Contract" means a contract concluded between the Supplier and Customer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the Supplier and the Customer, 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 Supplier transfers or agrees to transfer the ownership of goods to the Customer and the Customer pays or agrees to pay the price.

10. Conformity and Guarantee

10.1  The Supplier has a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if, upon delivery, the Goods are not:

(a) of satisfactory quality and reasonably fit for  purpose; and

(b) do not conform to their description.

10.2  It is not a failure to conform if the failure has its origin in the Customer's materials.

 

10.3  The Supplier will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of merchandised Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided on request. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

11.  Successors and Sub-Contractors

11.1  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 Supplier will be liable for the acts of any sub-contractor who it chooses to help perform its duties.

12.  Circumstances Beyond the Control of Either Party

12.1  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 the 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.

13.  Privacy 

 

13.1  The Supplier respects the Customer's privacy and complies with the General Data Protection Regulations with regard to the Customer's personal information.

 

13.2  The T&Cs should be read alongside, and are in addition to, our policies including our Privacy Notice.

13.3  For the purposes of the T&Cs:

(a) "Data Protection Laws" means any applicable law relating to the processing of Personal Data, including, but not limited to GDPR;

(b) "GDPR’ means the General Data Protection Regulation (EU) 2016/679.

(c) "Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

13.4  The Supplier is a Data Controller of the Personal Data the Supplier Processes in providing Goods to you.

13.5  Where the Customer supplies Personal Data to the Supplier for provision of Goods, and the Supplier Processes that Personal Data in the course of providing the Goods to the Customer, the Supplier will comply with its obligations imposed by the Data Protection Laws:

(a) before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; (b) The Supplier will only Process Personal Data for the purposes identified;

(c)  The Supplier will respect the Customer's rights in relation to the Customer's Personal Data; and (d)  The Supplier will implement technical and organisational measures to ensure your Personal Data is secure.

 

13.6  For any queries or complaints regarding data privacy, please use the contact form

 

14.  Excluding Liability

14. 1  The Supplier 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 Supplier’s other legal obligations. Subject to this, the Supplier 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 Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

15. Governing Law, Jurisdiction and Complaints

 

15.1  The Contract (including any non-contractual matters) is governed by the law of England and Wales.

 

15.2  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.

15.3  The Supplier tries to avoid any dispute and endeavours to deal with complaints promptly.  If a dispute occurs the Customer should contact the Supplier at the earliest opportunity.  The Supplier aims to respond within 2 days.