T&Cs and returns
1. Information about ‘The Art of Andrew Reid Wildman’
1.1 I operate the website www.andrewreidwildman.co.uk as the Art of Andrew Reid Wildman. I am a sole-trader in England and Wales, registered for self-assessment with HMRC. I operate from 99 Englands Lane, Loughton, IG10 2QL, Essex, United Kingdom. To contact me please visit my ‘Contact us’ page or email me at email@example.com or on 07518467194.
2. The Products
2.1 The images of the Products on our site are for illustrative purposes only. Although I have made every effort to display the colours accurately, I 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 and the depiction of Products.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on my site are subject to availability. I will inform you 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 our site
3.1 Your use of my site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How I use your personal information
5. If you are a consumer
This clause 5 applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from my site if you are at least 18 years old.
5.2 I intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and I.
5.3 As 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.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 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.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and I. You acknowledge that you have not relied on any statement, promise or representation made or given which is not set out in these Terms or any document expressly referred to in them.
7. How the contract is formed between you and us
7.1 For the steps you need to take to place an order on our site, please see the drop down sections, detailed on the website. For further help ordering, please email me on firstname.lastname@example.org.
7.2 My order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that I have received your order. However, please note that this does not mean that your order has been accepted. My acceptance of your order will take place as described in clause 7.4.
7.4 I will confirm my 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 I send you the Dispatch Confirmation in the form of email.
7.5 If I am unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on my site as referred to in clause 12.5, I will inform you of this by e-mail and I will not process your order. If you have already paid for the Products, I will refund you the full amount as soon as possible.
8. Our right to vary these terms
8.1 I may revise these Terms from time to time in the following circumstances: a) changes in how I accept payment from you; b) changes in how I conduct business; or c) changes in relevant laws and regulatory requirements.
8.2 Every time you order Products from our site, the Terms in force at that time will apply to the Contract.
9. Your cancellation and refund rights if you are a consumer
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. 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 under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products. For commissions, I will send you a photograph of the completed work, before taking payment. At this point you will be able to request any reasonable changes, if I have not conformed to the specifications set out in our original communication. At this point I reserve the right to discontinue the order if I do not feel I can fulfil your wishes and you will not be charged. Should you be happy to proceed payment will be taken as detailed above, and your rights will be as set out in clause 9.1
9.3 You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Products.
9.4 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com. You may wish to keep a copy of your cancellation notification for your own records.
9.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you normally within 3 working days after your prints has been returned or 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 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, I will refund the price of a defective Product in full, and any applicable delivery charges.
9.7 I will refund you via cheque or Paypal or any other method that is mutually convenient.
9.8 If the Products were delivered to you: a) you must return the Products as soon as is reasonably practicable in its original packaging b) 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.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in our Returns and Refunds section.
9.10 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 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 Your order will be fulfilled as soon as reasonable, unless there is an Event Outside Control, and I will provide you by email once the Products have been shipped. If I am unable to fulfil delivery because of an Event Outside Control, I will contact you.
10.2 Delivery will be completed when the Products are delivered to the address you gave me.
10.3 The Products will be your responsibility from the completion of delivery.
10.4 You own the Products once I have received payment in full, including all applicable delivery charges.
11. International delivery
11.1 I will endeavour to fulfil an international order only by prior arrangement and will contact you by email with a mutually agreed sum for overseas posting before taking payment.
11.2 If you order Products from my site for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that I have no control over these charges and I cannot predict their amount.
11.3 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.
11.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. I will not be liable or responsible if you break any such law.
12. Price of products and delivery charges
12.1 I 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 if I discover an error in the price of Product(s) you ordered, please see clause 7.5 for what happens in this event.
12.2 Prices for my Products may change from time to time, but changes will not affect any order which I have confirmed with a Dispatch Confirmation.
12.3 Under current regulations, VAT is only chargeable when a trader’s turnover is over £82,000 which is not the case at present. However, if the rate of VAT changes between the date of your order and the date of delivery, I will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of a Product in my online shop currently includes delivery charges. For commissioned works, and international orders if accepted, delivery charges will be agreed with you before confirmation is sent.
12.5 My site contains a large number of Products. It is always possible that, despite my reasonable efforts, some of the Products on my site may be incorrectly priced. If I discover an error in the price of the Products you have ordered I will inform you of this error and I 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.
13. How to pay
13.1 You can only pay for Products using a debit card or credit card. I accept the following cards: - Visa - MasterCard - AmEx - Discover - Maestro
13.2 Payment for the Products and all applicable delivery charges is in advance.
14. Our warranty for the Products
14.1 I provide a warranty that on delivery and for a period of  months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2.
14.2 The warranty in clause 14.1 does not apply to any defect in the Products arising from: a) fair wear and tear; b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Products in accordance with its intention; d) any alteration or repair by you or by a third party; or e) any specification provided by you.
14.3 If you are a consumer, this warranty is in addition to your 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.
15. My liability if you are a business
This clause 15 only applies if you are a business customer.
15.1 Nothing in these Terms limit or exclude our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective products under the Consumer Protection Act 1987.
15.2 Subject to clause 15.1, 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: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.
15.3 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.
16. Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
16.1 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 I 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 I entered into the Contract.
16.2 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 unless agreed with me in advanced, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 I 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.
17. Events outside control
17.1 I will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 17.2.
17.2 An Event Outside Control means any act or event beyond 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.
17.3 If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.
18. Communications between us
18.1 When I refer, in these Terms, to "in writing", this will include e-mail.
18.2 If you wish to contact me in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail: firstname.lastname@example.org. I will confirm receipt of this by contacting you in writing, normally by e-mail.
18.3 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.
18.4 If you are a business, please note that any notice given by you to me, or by me to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19. Other important terms
19.1 I 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.
19.2 You may only transfer your rights or your obligations under these Terms to another person if I agree in writing.
19.3 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.
19.4 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.
19.5 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, I will only do so in writing, and that will not mean that I will automatically waive any later default by you.
19.6 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 my site and any dispute or claim arising out of or in connection with it will be governed by English law. You and I and the Supplier 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 resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, these Terms are governed by English law. This means that 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
20. General queries and complaints
20.1 Please contact me at: email@example.com directly for all queries, complaints and issues.