This document (together with the documents referred to in it) sets out the terms and conditions on which I supply any of the products listed on my website www.fayemannionart.com (my site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the tick box if you accept them and agree to be bound by them. Please understand that if you do not ‘accept’ these terms and conditions, you will not be able to order any Products from our site.
These terms and conditions can change at any time, and it is up to you to check these terms and conditions regularly before ordering products in case there are any changes.
INFORMATION ABOUT ME
www.fayemannionart.com is a site owned and operated by Faye Mannion (“I”, “me” or “my”).
I am committed to providing an excellent service. If you have purchased any of my products, or indeed received a gift with which you are not entirely happy, please contact me with your comments; I need to know where I can improve our service and products, and will do all I can to put it right for you. I will endeavour to respond to all queries within 7 working days.
Any offers I make, from time to time, are designed to be used independently, and are not available in conjunction with any other offers that may be available from time to time.
I reserve the right to withdraw any offers without notice.
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
HOW THE CONTRACT IS FORMED BETWEEN YOU AND I
Please note that due to the method I use for secure online payment I take full payment for your order in advance of despatch (pre-payment). After placing an order and making a pre-payment, you will receive an e-mail from me acknowledging that I have received your order and pre-payment (an Order acknowledgment). Please note that this does not mean that your order has been accepted. Your order and your pre-payment constitute an offer to me to buy a Product. All orders are subject to acceptance by me, and I will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when I send you the Dispatch Confirmation. If I do not accept your order I will return your pre-payment to you as soon as I reasonably can and in any event within 30 days of your original offer to me.
The Contract will relate only to those Products whose dispatch I have confirmed in the Dispatch Confirmation. I will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
LINKS TO OTHER SITES
I may provide links on my site to the website of other companies, whether affiliated with me or not. I cannot give any undertaking that any products that you may purchase from such businesses or companies to whose website I have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by me absolutely. This DISCLAIMER does not affect your statutory rights.
If you are contracting me as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with my refunds policy (set out below).
To cancel a Contract, you must inform me in writing and return the Product(s) to me immediately in the same condition in which you received them and unopened, and at your own cost and risk.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. However, I will endeavour to dispatch your order within 24 hours.
I will deliver the products ordered by you to the address you give me for delivery at the time you place your order. It is, however, your responsibility to provide me with accurate delivery address details. I do not check or verify addresses and messages supplied by you.
RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when I receive full payment of all sums due in respect of the Products, including delivery charges.
PRICE AND PAYMENT
The price of any Products will be as quoted on my site from time to time, except in cases of obvious error.
These prices include VAT, where applicable, but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
Prices are liable to change at any time, but changes will not affect orders in respect of which I have already sent you a Dispatch Confirmation.
My site contains a large number of Products and it is always possible that, despite my best efforts, some of the Products listed on my site may be incorrectly priced. I will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, I will charge the lower amount when dispatching the Product to you. If a Products’ correct price is higher than the price stated on our site, I will normally, at my discretion, either contact you for instructions before dispatching the Product, or cancel your order and notify you of such a cancellation.
I am under no obligation to provide the Product to you at the incorrect (lower) price, even after I have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. I accept payment with Switch, Solo, Mastercard and Visa. I charge your credit or debit card in full when you place an order. Any credits due for refunds or cancellation are processed as soon as possible but in any event within 30 days of notification of such refunds or cancellation. Please refer to the clauses below; ‘My refunds policy’ and ‘I may not accept your order’ for more details.
MY REFUNDS POLICY
When you return a Product to me (for instance, because you have cancelled the Contract between us, or have notified me in accordance with the paragraph below ‘My right to vary theses terms and conditions’, that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), I will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. I will usually refund any money received from you using the same method originally used by you to pay for your purchase. I will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day I received your cancellation or the day I confirmed to you via e-mail that you are entitled to a refund for delivery of the defective Product.
Products returned by you because they are not of satisfactory quality will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to me.
Products returned by you within the seven-day cooling-off period (see the Consumer Rights paragraphs above) will be refunded in full, including the cost of sending the item to You. However, you will be responsible for the cost of returning the item to me.
I MAY NOT ACCEPT YOUR ORDER
I reserve the right not to accept your order if:
- I have insufficient stock to deliver the products you have ordered. If this is the case, I will contact you to advise of an availability date or to offer you a substitute product.
- I do not deliver to your area.
- One or more of the products you ordered was listed at an incorrect price due to a typographical error. If this is the case, I will contact you in accordance with the Price and payment paragraph above.
- If I do not accept your order I will notify you by email and will re-credit to your account any sum deducted by me from your credit card as soon as possible but in any event within 30 days from the date of the order. I will not be obliged to offer any additional compensation for disappointment suffered.
I warrant to you that any Product purchased from me through my site is of satisfactory quality.
My liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
This does not include or limit in any way my liability:
For death or personal injury caused by my negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for me to exclude, or attempt to exclude, my liability.
I accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Applicable laws require that some of the information or communications I send to you should be in writing. When using my site, you accept that communication with me will be mainly electronic. I will contact you by e-mail or provide you with information by posting notices on my website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that I provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to me must be in writing and sent to Faye Mannion Yorkshire HD8 8EP. I may give notice to you at either the e-mail or postal address you provide to me when placing an order. Notice will be deemed received and properly served immediately when posted on my 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.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and me is binding on you and I and on my respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without my prior written consent.
I may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of my rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE MY CONTROL
I will not be liable or responsible for any failure to perform, or delay in performance of,any of my obligations under a Contract that is caused by events outside my reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond my reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- 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.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
My performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and I will have an extension of time for performance for the duration of that period. I will use my reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which my obligations under the Contract may be performed despite the Force Majeure Event.
Your use of this website (“my site”)
THIRD PARTY RIGHTS
Except for my affiliates, directors, employees or representatives, a person who is not party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any terms 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.
If I fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if I fail to exercise any of the rights or remedies to which I am entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by me of any default shall not constitute a waiver of any subsequent default.
No waiver by me of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices paragraph above.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them, together with my current website prices, delivery details, contact details, represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us or my employees, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
MY RIGHT TO VARY THESE TERMS AND CONDITIONS
I have the right to revise and amend these terms and conditions from time to time.
Any changes I may make to my terms and conditions in the future will be posted on these pages. You are expected to check these pages from time to time to take notice of any changes I have made, as they are binding on you. Some of the provisions contained in my terms and conditions may also be superseded by provisions or notices published elsewhere on my site.
You will be subject to the policies and terms and conditions in force at the time that you order products from me, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if I notify you of the change to those policies or these terms and conditions before I send you the Dispatch Confirmation (in which case I have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
Contracts for the purchase of Products through my site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales, although I retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.