These Terms and Conditions apply to all purchases made on this website and the contract will be with Fleur Cowgill Artist Limited. We are a small company run by the artist and her team and want to make these terms as friendly and helpful as possible to protect the interests of both parties. In these Terms and Conditions (Terms), “we”,”us” and “our” shall be interpreted as referring to Fleur Cowgill Artist Limited. However, for the avoidance of doubt:
These Terms will apply to any contract between us for the sale of Product(s) to you. Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) 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 Product(s) from us.
1. INFORMATION ABOUT US
1.1 Fleur Cowgill Artist limited is a company registered in England (company no. 11659440) whose registered office is 74A Swindon Road, Horsham, West Sussex, United Kingdom.
1.2 Contacting us: You can write to us at the registered office address as above or email us on firstname.lastname@example.org .
2. OUR ARTWORK
The images of artworks for sale on this 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 reflects the colour of the finished work.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
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.
5. ARTIST’S COPYRIGHT AND INTELLECTUAL PROPERTY
The copyright and intellectual property of all work offered for sale on this site resides with Fleur Cowgill Artist Limited and no work shall be reproduced or used for commercial purposes without the express permission of Fleur Cowgill Artist Limited.
6. YOUR CONSUMER RIGHT OF RETURN AND REFUND
6.1 You have a legal right to cancel a Contract within 14 days of receipt of the goods. During that time 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 providing you return the goods at your own cost within a further 14 days.
6.2 Except in the case where goods are received damaged (and then only in accordance with the appropriate terms and conditions), returns will not be accepted from outside the EU for any reason.
6.3 To cancel a Contract, you just need to 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.
6.4 If you cancel your Contract we will:
Refund you the price you paid for the Product(s), normally by bank transfer once we have received the returned good and checked the condition. 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.
6.5 If you have returned the Product(s) to us under 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.
6.6 If a Product has been delivered to you before you decide to cancel your Contract then you must return it to us without undue delay and in any event not later than 7 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
6.7 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 Product(s) 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.
6.8 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 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.
7.2 You own the Products once we have received payment in full, including all applicable delivery charges.
7.3 In the event the packaging is obviously damaged on arrival you should refuse delivery whereupon the product will be returned to us for appraisal.
7.4 When you take delivery of the package, you have 48 hours from the time of delivery to inform us by email of any damage subsequently discovered. All packaging must be retained and where possible please include photos of the damage. We will contact you with instructions on how the product will be returned. Failure to comply with these terms may affect your right to a refund or replacement.
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.
9.2 Fleur Cowgill Artist Limited is not, as yet, registered for VAT and no VAT is applied.
9.3 Within the UK the price of a Product will include delivery charges. Outside of the UK delivery charges are as advised to you during the check-out process, before you confirm your order.
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, via Paypal
(b) Bank Transfer – please ask for details
10.2 Payment for the Products and all applicable delivery charges is in advance.
11. LIABILITY IF YOU ARE A BUSINESS
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
12. LIABILITY IF YOU ARE A CONSUMER
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes.
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.
14. INTELLECTUAL PROPERTY OF THIS SITE
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Fleur Cowgill Artist Limited. 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 Fleur Cowgill Artist Limited is strictly prohibited.
15. GOVERNING LAW
Please note that these Terms are governed by English law. This means any dispute or claim arising will be governed by English law.
16. COMMISSIONS OF WORK
When a bespoke commission has been requested you must pay a minimum 50% of the total cost of the commission in order for the artist to begin work. All commission deposits will be accepted by bank transfer only and the order will not be placed until funds have been received. The outstanding balance must be paid by bank transfer before the commission is released.
Timescales will vary from commission to commission and will be agreed with the artist at the point the order is placed.
Due to the bespoke nature of an art commission, under no circumstance can commission orders be cancelled or refunded once the initial payment has been received unless there is an issue with completion of the commission as notified by the artist. Receipt of full payment or the minimum deposit will initiate the start of work on the commission and commit the customer to paying the balance upon completion of the commission.
The Artist reserves the common-law copyright to all commissioned works that the artist creates, including all reproduction rights and the right to claim statutory copyright. The patron may reproduce no work without the prior written approval of artist.
Shipping and Insurance
In the event the commission presents specific delivery issues we will agree with you what delivery charges will apply. Please see our delivery information page in regard to specific delivery methods available to yourself.
17. PRIVACY AND DATA
When you purchase a product from Fleur Cowgill Artist Limited we add your name and email address onto our secure database. We never share or sell your info to anyone else. We will contact you from time to time with news about Fleur, her work and any exhibitions you might like to come to. At any point you can unsubscribe from emails or ask us to completely delete any record of you on our system.