Shamaine Murphy

Terms

   

Terms and conditions

These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of my website shamainemurphy.com. Use of the site includes accessing, browsing, registering, purchasing and signing up. The store is hosted on Big Cartel. They provide me with the online e-commerce platform that allows me to sell my products and services to you.

Please read these terms of use carefully before you start to use my site, as these will apply to your use of the site.

By using the site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use the site.

 

1. DEFINITIONS (The singular includes the plural, and vice versa. Any reference to one gender shall include the other)
  • “Artwork”shall refer to any Artwork as identified on the Website, Order Confirmation, or in an Invoice.
  • “Buyer”shall refer to any body, Individual or Business, who makes any enquiry about purchasing Artwork from me, and/or purchases Artwork in line with these Terms.
  • “Contract”shall refer to a Contract for the sale of goods (Artwork) under the Consumer Rights Act 2015, as constituted by these Terms, together with any Sale and Purchase Agreement, the Specification of Artwork on the Website, the Order Confirmation, or an Invoice, including any confirmation of changes or express referencing to ancillary documentation and correspondence, which together shall form the Contract for the sale of Artwork.
  • “Commissions” or “Custom” shall refer to any artwork created specifically for a buyer to their specification(s).
  • “Disbursements”shall refer to such costs as Shipping and insurance, and any other such costs mentioned as Disbursements in an Invoice.
  • “Individual”for the purposes of the Consumer Rights Act 2015, and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, shall refer to any consumer being a natural person, excluding sole traders, purchasing Artwork for purposes outside their trade, business, craft, or profession.
  • “Invoice”shall refer to the document I submit to You requesting payment of the Total Cost for any Artwork You have requested to Order. Please note, Invoices will not be sent for purchases made via the Website, which will instead be confirmed via an Order Confirmation email.
  • “Shamaine Murphy Art”is a sole trader operating in the United Kingdom; and may be referred to as “I”, “Me”, “My” or “Myself”.
  • “Order”shall refer to any purchase of Artwork made via the Website, or the verbal or written request by You to purchase Artwork already in stock, paid for via another channel, or Artwork commissioned by You.
  • “Order Confirmation”shall refer to the email I send to You having submitted an Order to purchase Artwork through My Website.
  • “My Contact Details”shall refer to My email address at: [email protected]
  • “Packaging”shall refer to any Packaging materials used in the preparation of Artwork for Shipping.
  • “Parties”unless mentioned otherwise, shall refer to “Me” and “You”.
  • “Payment Service Provider”shall refer to our third-party payment systems providers, whose payment facility our Website may direct You to.
  • “Specification”- shall refer to the description of the Artwork as sold, such as the title, age, material and technique, dimensions, edition size, markings, and authenticity, together with any other feature or description, which shall either be detailed on My Website or an Order Confirmation for online purchases, or in an Invoice.
  • “Shipping" shall refer to any transportation of Artwork within the UK mainland or to any other Country, worldwide.
  • “Taking Delivery”unless mentioned otherwise, shall refer to risk of damage or loss to Artwork passing to the buyer upon the Buyer or their representative accepting delivery through the signature of delivery forms when Artwork has been delivered at the delivery address detailed in an Order Confirmation or Invoice. Taking Delivery shall also be as defined by s28 Consumer Rights Act 2015.
  • “Terms of Business”unless clearly identified as anything different, shall refer to this entire document, which may also be identified as “Terms” or “Terms and Conditions”.
  • “Upfront” shall refer to prior to any work starting.
  • “Website” or “Site” unless mentioned otherwise, shall refer to the Domain name and all content, including the e-commerce sales platform for online purchases, found at www.com
  • “Writing”or “Written” shall refer to any Writing in a durable form served on the other Party, or electronic text in a lasting form, to include electronic email communications.
  • “You”and “Your” shall refer to You as the “Buyer".

2. ACCEPTANCE

2.1. By raising any query with us by any means for the purchasing of Artwork You are confirming You are at least 18 years of age, or at least the age of majority in Your Country of residence and agree to be bound by these Terms of Business.

2.2. Any reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time of Contract.

2.3. Though it may be updated at any moment, you can view the most current version of the Terms of Service at any time at this page, and from time to time, they, the Website, My social media channels and privacy policy, may also be updated or amended at My sole discretion with no prior notice to You, other than their re-publication. I am not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on My site. You agree that it is your responsibility to monitor changes to our site. My Terms in force at the formation of a particular Contract shall apply to that Contract.

2.4. Any ‘offer’ is made subject to Contract. Prior to the production of an Invoice or Order Confirmation, the advertisement or disclosure of the Specification of any Artwork is merely an ‘invitation to treat’, and as such, is not an ‘offer’, and may be subject to change.

2.5. In addition to any fraud and anti-money laundering processes of our Payment Service Providers, I reserve the right, at My sole discretion, to:

  1. a) Cancel a Contract and Refuse to sell You Artwork or communicate with You for any reason, including insolvency or bankruptcy, subject to My unfulfilled Contractual obligations under these Terms; and
  2. b) Request a bank wire transfer, subject to the provisions of term 7.2. This will likely be due to your payment account being flagged as medium or high risk by our Payment Service Providers.

 

3. PLACING AN ORDER

3.1. I market Artwork through various marketing channels, including but not limited to My Website, ‘etsy.co.uk’, email newsletter communications and other such material and mediums, including social media channels.

3.2. I limit My liability for representations made through My marketing channels and any communications prior to Contract. You shall be responsible for examining (where artwork is sold in person for example at a fair or market) and assessing the Specification of Artwork in person prior to placing an Order. For more information on the way in which we limit our liability, please refer to Term 11 ‘LIMITATION OF LIABILITY’.

 

3.3. An Order is placed, and a Contract is formed when You complete Your purchase of Artwork either through My Website, subject to term 8.3, or You confirm Your acceptance in Writing of an Invoice for purchases not made through the Website.

 

4. COMMISSIONS

4.1 Payment terms for commissions are as follows:

  1. a) Commissions with a value of £200 or less, to be paid by the buyer upfront. This is non-refundable.
  2. b) Commissions with a value of £201 and above: a non-refundable deposit of 25% of the quoted price to be paid by the buyer up front. The remaining 75% to be paid, as directed by myself, within 48 hours.

4.2 All commissioned artwork is non-refundable.

4.3 All commissioned artwork is non-returnable unless it has been damaged during transit and is therefore subject to terms 5.4-5.8.

4.4 Quotes are valid for 30 days.

 

5. RETURNS & REFUNDS

5.1. Business Buyers are not permitted to cancel a contract or return Artwork and receive a refund for any reason unrelated to damage before Taking Delivery, or Artwork not materially matching the Specification. If You are an Individual based in the UK, or in the EU to the extent the provisions of this term continues to apply to EU consumers in UK law, You have a right to cancel a Contract for any reason subject to the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means that if You purchase Artwork through the Website or by any other distance selling method, and You subsequently change Your mind or decide for any other reason to cancel the Contract up to the point of Collection or Taking Delivery of Artwork, or within 14 days of Taking Delivery of Artwork, then You can notify Me of Your decision clearly in Writing to cancel the Contract by using My Contact Details.

5.2. If Artwork is returned or the Contract is cancelled under the provisions of term 5.1, or for any other reason unrelated to damage before Taking Delivery, or not matching the Specification, You will be liable for all return Packaging, insurance, and Shipping costs. Return addresses must be confirmed by Me in Writing. Providing the Artwork is returned to Me matching its previously described Specification, You will receive a full refund of the Net Sale Price paid into the same account used for payment within 14 days of Me Taking Delivery. Please note that this term in no way affects Your statutory rights, or My rights under term 4.

5.3. Further to term 5.1, if You cancel a Contract after the Artwork has been Shipped, then I encourage You not to open the Artwork upon Taking Delivery, as this can result in damage and unnecessary handling. Any damage caused to Artwork after You Take Delivery, will be subject to deductions in refunds, as calculated either by Myself, which may affect the timescale for refunds in term 5.2.

5.4. In addition to the timescales for Individual returns and refunds in terms 5.1 to 5.3, You must report to Me any substantial damage occurred in transit to the Packaging of Artwork before removing Packaging within five (5) working days of Taking Delivery. Beyond such time, subject to Artwork not matching the Specification, I shall have no further liability to You for loss of any sort.

5.5. Subject to term 5.4, and My confirmation for You to proceed after performing Your obligations in term 5.4, You must remove Artwork from all Packaging and Shipping containers and inspect for any defects and to report such defects to Me within five (5) working days. Beyond such time, I shall have no further liability to You for loss of any sort.

5.6. If You are a Business Buyer and acting in an agent or broker capacity, the timescales in terms 5.4 and 5.5 shall apply upon Your client Taking Delivery. Beyond such time, subject to Artwork not matching the Specification, I shall have no further liability to You for loss of any sort.

5.7. Any evidence of damage prior to Taking Delivery, or Artwork not matching its Specification, must be shown in the form of clear photographs and sent using My Contact Details. I will respond in Writing either confirming My consent to the return, or rebutting Your request giving valid reasons – neither responses from Myself will be unreasonably withheld or unlawful. Subject to all consumer rights in relation to returns in terms 5.1 to 5.3, returns must not be sent without My express authority in Writing.

5.8. Further to term 5.7, returns must be sent within fourteen (14) days of My written authority. Beyond such time, I shall have no further liability to You.

5.9. Final sale items and Seconds cannot be returned or exchanged.

 

6. INTERNATIONAL ORDERS

6.1. You may be liable for import duties and other fees by your country of import. These are the responsibility of the Buyer and cannot be estimated, pre-paid or foreseen by Myself. Returns and Refunds will not be issued for unexpected import duties.

7. ARTWORK SPECIFICATION AND CARE

7.1. ‘Artwork not materially matching the Specification’ refers to an incorrect item being sent to the buyer. It does not refer to colours looking different onscreen. Digital device screens display colour differently, so please be aware that in person, the colour(s) may look slightly different to what you see on your screen.

7.2. While machines can create flawless replicas, the beauty of handmade and the nature of materials mean there will be imperfections. A lot of care goes into making every single piece, but it will never be perfect. Refunds will not be offered for items that are not perfect for example dust, micro bubbles, uneven edges etc

7.3.

a) Your art is made from resin. Resin can be compromised (for example, colours may fade or resin make become soft) if exposed to UV light, heat or extreme temperature conditions, so please take care in deciding where to hang the piece, and avoid hanging in direct sunlight and near heat sources (such as radiators and fireplaces).

b) If transporting your art, protect the resin surface using glassine paper before any other packaging (such as bubble wrap).

c) If your art needs cleaning, please use a damp microfibre cloth followed by a dry one (to remove any water). Avoid using any harsh chemicals or abrasive products.

d) Finally, your art is fragile - please handle with care.

By ordering, you are accepting of these conditions and they are not classed as defective and it us your responsiblity to take care of your art.



8. PAYMENTS & INVOICING 

8.1. Although the price and the Specification of the Artwork may be discussed verbally or in Writing prior to the production of an Invoice, or displayed on the Website, unless expressly referred to in the Invoice or Order Confirmation, any such details do not form part of the Contract for the sale of Artwork. 

8.2. In the interests of fraud prevention, unless payments are made directly through our Website, for any links to Payment Service Providers, or emails enclosing Invoices that are sent to you, we ask that you check the bank details carefully and phone us using the number in our contact details to obtain our confirmation that the request has come from us, and not a fraudulent third party, before making any payments. The number in our contact details must be entered manually.

8.3. Payment will be taken immediately for payments through the Website, subject to sufficient funds in the debited account and processing of our Payment Services Provider. In the event the price or Specification of Artwork purchased through the Website is incorrect, we will contact you to seek your confirmation to the changes. If you do not agree to the changes, the Total Cost of the Artwork will be refunded to the same account used for payment. 

8.4. Invoices are valid and must be paid via BACS, or Faster Payments bank transfer, or via a link to our Payment Service Providers, subject to our sole discretion and as confirmed by us in Writing. Please note that I reserve the rights set out under term 2.6 b).

8.5. Please note, purchases made by Business Buyers or Individuals outside the EU, may be subject to a small surcharge of between 1.5% and 5.5% to cover the charges of My Payment Services Provider. The exact percentage and corresponding fee will be confirmed in Writing before I take any payment. This term does not apply to purchases made through the Website. 

8.6. In addition to any change in Your requirements as to affect pricing, I reserve the right, at My sole discretion and with immediate effect, to change the Total Cost prior to and after payment in part or full if the following costs to myself change outside of My control:

a) Foreign exchange fluctuation; 
b) Currency regulation; 
c) Alteration of duties;
d) Change in delivery dates; 
e) Quantities or other Specifications; 
f) Delay or failure by the Buyer to give adequate instructions in relation to any Order.


8.7. Buyers in the United Kingdom must make payments in GBP sterling, and for purchases made by international Buyers outside the United Kingdom, the Buyer is liable to pay any transfer fees. For payments made not in GBP sterling, the IBAN will appear on the invoice. Failure to use this reference may result in the payment not being allocated to our CurrencyFair client account, and we shall not be liable for the timeliness of the currency exchange or Shipping, nor any costs incurred in returned funds or Your additional attempts at payment. You will become liable to settle any such reductions in payments to me as a result of payments made in a currency not denominated in an Invoice.

8.8. Shipping of Artwork cannot take place prior to payment in full for the Total Cost.

8.9. You will receive both a confirmation email and an electronic reception which You should retain.

8.10. Without prejudice to any of our other rights or remedies throughout these Terms, we shall hold a general and particular lien (a right to retain Your property) over any Artwork You have bought but we are yet to make available for Collection or Shipping, or release to You as security for all monies and liabilities of whatever sort due or becoming due to us from You in line with these Terms. The lien may be enforced by sale of any sort, and should we permit You to borrow such property held by us in a lien, You must return it to us immediately upon our request.


9. SHIPPING AND INSURANCE 

9.1. For any purchases not made via the Website, You, or a nominated and authorised third party, shall be responsible for inspecting the Specification of Artwork at any premises the Artwork is held prior to Shipping, including our premises or those of a third-party Seller or Consignor. Any of our responses to Your requests of our further opinion on the Specification of the Artwork shall not relieve You from Your duty of inspection. 

9.2. Unless Artwork is collected in person for example at an Art Fair, I automatically include, as standard procedure, insurance for all Artwork sold by myself if I arrange Packaging and Shipping. My total Shipping cost therefore includes Shipping, Packaging, and Insurance. Please note that My insurance does not cover any damage or loss caused by acts of terrorism or customs inspections.

9.3. I will either Package Artwork myself or use a reputable third-party provider to Package and handle Artwork. 

9.4. Should You choose Your own methods of Shipment, whether You Collect the Artwork in person or use a third-party courier as authorised to us in Writing, ‘risk’ under the Consumers Rights Act 2015 shall pass to You, the Buyer, upon Collection. 

9.5. You shall be responsible for complying with any legislation or regulations governing the importation of Artwork into the country of destination or Domain and for the payment of any duties or taxes on the Artwork. We do not accept liability for the damage or loss of Artwork confiscated, seized, removed or damaged by customs authorities or other government agencies unless this was caused by our negligence or breach of these Terms in any other way.

9.6. For purchases made via the Website, or if I have arranged Shipping, I will endeavour to notify You of expected delivery dates, together with any third-party Terms You should reasonably be made aware of in relation to Shipping and insurance. 


10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

10.1 If, at My request, you send certain specific submissions (for example contest entries) or without a request from Myself you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Me. I am and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


11. OTHER OBLIGATIONS OF THE BUYER

11.1. The name and branding, together with any slogans, images, or other graphics, is My intellectually property, and as such, is the exclusive worldwide property of Shamaine Murphy Art, as is the content and layout of the website, together with the registered domain name, social media channels, and any contracts or other documents produced by myself.

11.2. Further to term 11.1, use of such intellectual property is strictly limited to your personal use, providing that you, nor any third party you permit, uses, copies, duplicates, reproduces, passes off, modifies, or distributes such intellectual property without me providing you with a licence detailing the exact terms of use, including applicable royalties. 

11.3. Should you contravene term 11.2, you hereby agree to remunerate me and pay any such royalties, damages, or other charges as may be appropriate for each occasion you, or a third party you permit, uses My intellectual property.


12. LIMITATION OF LIABILITY 

12.1. I shall not be liable to You for any defect arising in the Artwork through fair wear and tear, wilful damage, or neglect, together with any failure to follow any instructions in the handling and use of Artwork after Collection or Taking Delivery. 

12.2. The content of My Website and other marketing platforms is for general information purposes only, and as such, is subject to change without notice. I also cannot guarantee the availability of My Website and other marketing platforms, nor that they will be free from bugs or viruses, and as such, I exclude My liability to You for any damage or loss caused to You whatsoever in You accessing any such platforms, to include my social media channels. 

12.3. Subject to terms relating to Shipping and insurance, risk (under the Consumer Rights Act 2015) of damage to Artwork passes to You upon Taking Delivery of Artwork. It is Your responsibility to arrange appropriate storage of Artwork thereafter.

12.4. Whether or not Shipping and insurance is arranged by Myself or You, I make no guarantees of the timeliness of transit.

12.5. Although every effort has been made in my Invoices and Order Confirmations to accurately encapsulate the Contract of sale in conjunction with these Terms, I make no guarantees of the accuracy of the information, and as such, any minor typographical errors are subject to correction by myself in a timely manner without any liability to myself, providing such corrections do not unreasonably prejudice You. As such, I reserve the right to cancel contracts for the aforementioned reason, including limited stock or logistical problems in relation to Shipping. 

12.6. Subject to operating with reasonable care, we cannot accept liability for payments You mistakenly make to third parties, whether these be lawful or unlawful. Your attention is therefore drawn to term 8.2 and 8.7 for the steps you should take to make payments correctly.

12.7. All warranties or other Terms implied by statute or common law, are excluded to the fullest extent permitted by law.

12.8. Neither party shall be liable to the other to the extent that any of the following force majeure event prevents that party from performing their obligations under these terms:

a) Terrorism, civil commotion, riot, invasion, war threat or preparation for war;
b) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, bad weather or other natural physical disaster;
c) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d) Import or export regulations or embargoes;
e) Strikes, lock-outs, or other industrial actions or trade disputes.

12.9. My artworks are not toys, nor are they edible; and although they are secured onto frames care should be taken as individually smaller pieces present a choking hazard.


13. GENERAL 

13.1. These Terms of Business supersede any prior agreement, understanding or arrangement between You and Shamaine Murphy Art, whether oral or in Writing.

13.2. These Terms of Business are meant to be read as a whole document. Each Term heading and subheading is merely there for guidance and shall not affect the interpretation of these Terms. 

13.3. Anything relating to the following terms and subsections shall survive the termination or expiration of these Terms: 

a) Limitation of liability 
b) Governing law
c) Your liabilities and obligations under Resale Right Directive 2001/84/EC
d) Third party rights 


13.4. Other than those expressly mentioned in these Terms, including the Resale Right Directive 2001/84/EC, no third-party rights, authority, benefits, or enforceability, including any implied by the Contracts (Rights of Third Parties) Act 1999, are created by these Terms.

13.5. If any part of these Terms remains to be enforced, this does not preclude any Party from enforcing that part at a later date and should never be interpreted as a waiver in any way or to mean that any other part of these Terms will not be enforced at a later date.

13.6. If any part of these Terms is found to be unlawful, illegal, invalid or unenforceable, these Terms will be read to the severance of those parts, unless doing so would substantially frustrate the Business purpose of these Terms and create liabilities detrimental to Appreciate Art Ltd. In which case, these Terms of Business, in their entirety but subject to Term 13.3, shall be terminated without giving any rise to further liabilities.

13.7. Any waiver, side agreement, or annexation to these Terms must be affected and agreed to in Writing by the Parties to clearly relate to these Terms. 

13.8. These Terms are governed by English law, and You agree to submit to the exclusive jurisdiction of the courts of England and Wales.