1. The contract between Sean Diamond trading as Sean Art (hereinafter referred to as SA) and you the customer (hereinafter referred to as CLIENT).
SA must receive a 25% non-refundable cleared payment deposit for commissions, or a full cleared payment for any other goods, before any CLIENT order can be accepted. SA will confirm to CLIENT that the order has been accepted by providing CLIENT with a confirmation message. SA acceptance of CLIENT order brings into existence a legally binding contract between SA and CLIENT. All reproduction rights from Original Art and Prints sold through this web site remain with SA.
2. Price
2.1 The prices payable for goods that the CLIENT orders are as set out on this website. They are subject to 3rd party supplier price increases, but SA will notify CLIENT of these before work commences.
2.2 UK delivery is typically included in the price shown with a notable exception being delivery to remote locations where delivery may require a remote area fee (CLIENT will be advised if this fee applies and acceptance will be required prior to work commencement or order despatch). For overseas orders CLIENT should provide SA with the delivery address and SA will advise CLIENT of the current delivery cost (subject to any courier price increase between SA quoting CLIENT and the actual delivery date).
3. Right for CLIENT to cancel the contract
3.1 CLIENT may cancel the contract with SA at any time preceding despatch of goods to CLIENT (20% non-refundable fee for commissions applies).
3.2 To cancel the contract CLIENT must notify SA in writing.
3.3 If CLIENT wishes to return goods (commissions excluded) CLIENT must send using the SA postal address provided at your own cost and risk within 30 days. Proof of posting must be provided by CLIENT on request. Any returned goods should be in the same condition in which CLIENT received them. There may be a 10% restocking fee at the discretion of SA.
3.4 Upon SA receipt of returned goods (commissions excluded) CLIENT will be credited for any payment made (minus the aforementioned 10% restocking fee). If CLIENT does not return the goods, or they are returned not in their original condition, or the fee CLIENT paid for return delivery is insufficient, no refund shall be issued.
4. Cancellation by SA
4.1 SA reserve the right to cancel the contract between SA and CLIENT if:
4.1.1 SA have insufficient stock to deliver the goods CLIENT has ordered;
4.1.2 SA does not deliver to CLIENT address; or
4.1.3 one or more of the goods CLIENT ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by SA from a supplier.
4.2 If SA cancel the contract, SA will notify CLIENT by email and SA will refund any sum CLIENT has paid as soon as possible, but in any event within 30 days of CLIENT order. SA will not be obliged to offer CLIENT any additional compensation for disappointment suffered.
5. Delivery of goods to you
5.1 SA will despatch the goods ordered by CLIENT to the delivery address given to SA at the time you made your order.
5.2 Delivery will be made as soon as possible after CLIENT order is accepted and in any event within 30 days of CLIENT order.
5.3 CLIENT will become the owner of the goods CLIENT ordered upon delivery. Once goods have been delivered to CLIENT they will be held at CLIENT risk and SA will not be liable for their loss or destruction.
6. Liability
6.1 If the goods SA despatch are not what CLIENT ordered or are damaged or defective on delivery, or the delivery is of an incorrect quantity, SA shall have no liability to CLIENT unless SA is informed of the problem via an email with confirmed delivery to the SA contact email address within 40 days of the goods ordered date.
6.2 If CLIENT does not receive the ordered goods within 30 days from the ordered date, SA shall have no liability to CLIENT unless SA is informed of the problem via an email with confirmed delivery to the SA contact email address within 40 days of the goods ordered date.
6.3 If CLIENT notifies SA of a problem under clauses 6.1 or 6.2 above, SA obligation will be, at SA’s option:
6.3.1 to make good any shortage or non-delivery;
6.3.2 to replace or repair any goods that are damaged or defective; or
6.3.3 to refund CLIENT the amount paid by CLIENT for the goods in question in whatever way SA choose.
6.4 Save as precluded by law, SA will not be liable to CLIENT for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem CLIENT notifies SA of under this condition and SA shall have no liability to pay any money to CLIENT by way of compensation other than to refund to CLIENT of the amount paid by CLIENT for the goods in question under clause 6.3.3 above.
6.5 CLIENT must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from this SA web site. The importation or exportation of certain of SA goods to CLIENT may be prohibited by certain national laws. SA make no representation and accept no liability in respect of the export or import of CLIENT purchased goods.
6.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights CLIENT might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit SA liability to CLIENT for any death or personal injury resulting from SA negligence.
6.7 SA will not be liable for copyright infringement if CLIENT provides SA with a copyrighted photo or image to be used as source material for artwork by SA, when that photo or image has not been granted relevant copyright permission by the author or other copyright holder. It is the responsibility of the CLIENT to ensure all relevant copyright permissions are in place for said photo or image.
7. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from CLIENT to SA must be in writing and emailed to SA contact email address (orders@seanart.co.uk) and all notices from SA to CLIENT may be displayed on this website from to time.
8. Events beyond our control
SA shall have no liability to CLIENT for any failure to deliver goods CLIENT has ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond reasonable control of SA, including without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which SA excludes liability to CLIENT) the enforceability of any other part of these conditions will not be affected.
10. Privacy
CLIENT acknowledges and agrees to be bound by the terms of SA’s privacy policy.
11. Third party rights
Except for SA affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12. Governing law
The contract between SA and CLIENT shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between SA and CLIENT.
13. Entire agreement
These terms and conditions, together with current prices shown on this web site, delivery details, contact details and privacy policy, set out the whole of the SA and CLIENT agreement relating to the supply of the goods to CLIENT by SA. Nothing said by any sales person on behalf of SA should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by SA. Save for fraud or fraudulent misrepresentation, SA shall have no liability for any such representation being untrue or misleading.