We are: ARTbound Community, United Kingdom.
You are: a visiting Customer.
“Us/Our/We” means ARTbound Community (UK).
“You/Yours” etc. means you, a customer.
“Site/Sites” means web site www.artboundcommunity.com or any other sites owned and controlled by us.
“Artwork/Artworks” means any 2 dimensional artwork owned and controlled by the artists until distributed to the customer
“Artist/Artists” means the artist whose artwork you are ordering
“Consumer/Customer” means you, the person who has applied to purchase artwork according to artist guidelines.
1 Status of ARTbound Community
1.1 We are appointed by the artist to act as his/her agent in the promotion and sale of his/her artwork through our site.
1.2 As a consumer, you on purchasing artwork will be entering into a contract with the artist for the sale of that artwork.
1.3 The conditions according to the sale of all artwork(s) displayed on our site are set out below.
2 Your status as a Consumer
2.1 By placing an order through our site you warrant that:
• You are legally capable of entering into binding contracts; and
• You are at least 18 years old; and
• You are accessing our site from the country in which you are a resident.
3 Relationship between the Consumer and ARTbound Community
3.1 On placing an order you will receive an email from us acknowledging its receipt. It should be noted that this does not mean that the order has been accepted, but that the order constitutes an offer to buy an artwork through our site.
3.2 All orders are subject to acceptance by the artist. Once this is given, we will confirm acceptance to you by email. The estimated date of dispatch will be given at this time. Artists are instructed to arrange delivery no later than 5 days after receiving an order.
3.3 When the date of dispatch is known, we will inform you along with the expected date of delivery. The date of dispatch is the effective date in creating the contract between the artist and the consumer.
3.4 The contract will relate only to the artwork(s) for which a date of dispatch has been sent to the consumer. Other artwork(s) which may have been ordered at the same time, by you of a different artist are subject to a separate contract once the dispatch of such artwork(s) has been confirmed in a separate dispatch confirmation.
4 Consumer rights
4.1 We act in accordance with Distance Selling Arrangements which enable you to cancel a Contract in writing / email us at any time within 7 working days, beginning on the day after receipt of the artwork(s). In this case a full refund of the price paid for the artwork(s) will be made by the artist in accordance with the conditions of our Return and Refunds Policy set out below. This “cooling off” period extends only to consumers resident within the United Kingdom.
4.2 In the event of cancellation of a contract you must also return the artwork(s) to the artist in line with our Returns and Refunds Policy.
5 Delivery, packaging and insurance
5.1 An order will be fulfilled by the artist unless there are exceptional extenuating circumstances.
5.2 The artist reserves the right to cancel the order if the artwork(s) have been sold on a separate external channel and payment will be returned to you.
5.3 All packaging and insurance costs are supplied in the pricing of artwork(s) upon submission to the site.
5.4 Customers do have the right to view an artwork, collect in person and pay upfront if the desired location is present. A deposit may be taken before hand to secure the agreement. These circumstances can be expressed in an email to us and we will arrange with the artist and inform the customer if this is a possibility. A member of ARTbound will be present during this informal meeting and payment will be secured before the artwork is taken.
6 Risk and title
6.1 The artwork(s) will be at the consumers risk from the time of delivery.
6.2 Ownership of the artwork(s) will pass from the artist to you upon dispatch, subject to us, as Agent for the Artist, having received full payment of all sums due to the artist in respect of the artwork(s), including all delivery and insurance charges.
6.3 Copyright stays with the artist at all time.
7 Price and payment
7.1 Artwork prices will include United Kingdom VAT, where applicable, Insurance and Delivery.
7.2 Artwork prices and delivery charges are liable to change at any time, but changes will not affect orders that have already been acknowledged or processed.
7.3 In the event of an artwork being erroneously priced on the site, we will inform the consumer of the error and its impact on and any changes required to your order.
7.4 Payment for all artwork(s) must be by credit or debit card. We accept payment on behalf of the artist concerned through ‘Stripe’ by all major credit and debit cards.
7.5 If an artwork you have previously purchased, from us, happens to fall under a discounted offer in a seasonal period, no action can be taken as this action is controlled by the artists right to price their own work accordingly.
8 Returns & Refunds Policy
8.1 Consumers resident within the United Kingdom are accorded a “cooling off” period of 7 working days under Distance Selling Regulations from the date of delivery of the purchased artwork, during which they may cancel in writing their contract to purchase. This applies to all purchases save those of a personalised nature as detailed under Consumer Rights above.
8.2 In the event that a consumer elects to cancel a purchase the artwork must be returned to the artist, undamaged and securely packaged, within 7 days of receipt.
8.3 When a cancelled artwork is returned to the artist we will on receiving confirmation from the artist of its return and satisfactory condition arrange to refund the consumer within 30 days of receipt of notice of cancellation. In this case the price of the artwork will be refunded in full together with the original delivery charges. However the consumer will be responsible for the cost of returning the artwork to the artist.
8.4 In all other circumstances and for any other reason a consumer decides to return a purchased artwork which is deemed to be defective or because of a change in our Terms or for any other reason the consumer must notify us at email@example.com within 24 hours of receipt of the artwork of their intention to return an artwork stating clearly the reason for doing so and attach supporting image documentation. This information alongside image documentation will be sent directly to the artist.
8.5 The artwork must be returned to the artist within 7 days of receiving an official Returned Item email by us. If an artwork is returned to the artist without the artist or ARTbound being informed in advance, no refund will be given and termination of purchasing with us in the future will be put into force.
8.6 Under no circumstances will artwork be refunded because the consumer has misread the description or size of the purchased artwork(s)
8.7 Artists will cover any costs in retrieving the defective artwork through the insurance cover provided by their chosen courier. We will not accept claims for reimbursement in the event of damage to artworks under any other circumstances.
8.8 We will endeavour to make any refund within 30 days after artist inspection or by the end of the present month, whichever is sooner. We will usually refund any money due to the consumer using the same method originally used by the consumer to pay for the purchase of the artwork.
9.1 The artist warrants to you that any artwork purchased from the artist through our site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for purpose.
10 Artists liability
10.1 You agree and understand that we act solely as Agents for the Artist and therefore have no liability to you on any basis whatsoever and that your sole recourse shall be against the artist.
10.2 The artist cannot be held liable for any consequential losses whatsoever suffered by the you after purchasing.
10.3 Nothing in this agreement excludes or limits the artists liability for:
• death or personal injury caused by their negligence;
• fraud or fraudulent misrepresentation;
• any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
• defective Artwork(s) under the Consumer Protection Act 1987;
• any deliberate breaches of these Terms that would entitle you to terminate your Contract with the artist or
• any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.