Terms and Conditions of Trading
1. General Interpretation
“The Company” – means M1 Fine Art (Co. number 08273770)
“The Conditions” – means the terms and conditions set out below and which save where agreed between the parties to the contrary in writing shall apply to all contacts between the parties for the supply of goods.
“The Contract” – means the contract between the Company and the Customer into which these conditions are incorporated.
“The Customer” – means the person, firm or company with whom the Contract is made.
“The Goods” – Means the goods described in the quotation or subsequently supplied to the Customer by the company.
“The Order” – means the written or oral order made by the customer.
“The Quotation” – means the written or oral quotation made by the Company to the Customer or to others on the Customer’s behalf (and shall include the Company’s Price List for the time being in force).
2. Quotations and Orders
a) All quotations made by the company shall be deemed to include these conditions except insofar as they are inconsistent with any special written terms or conditions contained in the quotation.
b) Orders may be placed by email, in person, by telephone, or through the website.
c) No variation of the Contract shall become binding unless confirmed and accepted in writing by the Company.
3. Prices and Payment
a) All prices are those in force at the date of the invoice.
b) All prices quoted include VAT but exclude customs charges. These may be payable upon receipt when shipping internationally.
c) VAT and any other applicable taxes or duties will be charged at the rate ruling at the date of invoice.
d) The Company shall be entitled to vary its price list at any time and from time to time without prior notice to the customer.
e) Invoices are payable as per your agreed terms. No discounts other than those shown on the invoice are given or may be taken.
f) The Customer shall not be entitled to withhold payment of any amount payable under the Contract to the Company because of any disputed claim of the Customer in respect of faulty Goods or any other alleged breach of contract or otherwise, nor shall the Customer be entitled to set off against any amount payable under the Contract to the Company any monies which are not then presently payable by the Company or for which the Company disputes liability.
h) All invoices are to be paid in UK sterling unless alternative arrangements have been agreed between the Customer and the Company.
a) The Company will use its reasonable endeavours to complete delivery on or before any delivery dates requested by the Customer or estimated by the Company but will not be liable for any delay in delivery.
b) The Company reserves the right to supply part of any order as and when available and to deliver the balances at a later date.
c) The Company may withhold delivery of all or any part of the order without notice if the Customer has failed to pay promptly for all Goods supplied under a previous order.
d) The company require full payment prior to delivery with the exception of those purchasing through the ‘Own Art’ scheme.
e) The quality of the Goods delivered under the Contract shall be recorded by the Company upon dispatch from the Company’s warehouse and the Company’s record shall be accepted by the customer as conclusive evidence of the quantity delivered.
f) It is the Customer’s responsibility to notify the Company if the Goods have not been received by the customer within 72 hours of being notified of dispatch by the Company. If no notification is made, the Customer shall be deemed to have received the goods.
5. Returns and Damaged Goods
a) Following delivery of an order, Goods may not be returned without authorisation by the Company. In the event of defective or damaged Goods, the Company must be informed within 72 hours of receipt of the order, otherwise credit or repairs may be refused.
b) Any Goods returned without authorisation or damaged or destroyed during return must be paid for in full.
c) No Goods may be returned to our sales representatives without prior written confirmation.
d) The customer reserves the right to return their artwork for an exchange or refund, excluding any delivery costs that may have incurred, for up to 72 hours from delivery or collection, this excludes commissioned artworks. The sales representative must be notified prior to the return of goods.
e) The artwork and frames must be returned in the same condition they were dispatched in. The Customer will be liable to pay the cost of any damages that may have occurred to returned artwork with the exception of those damaged in transit from the Company to the Customer.
f) It is the responsibility of the Customer to cover the cost of any expense incurred regarding the transportation of returned Goods to the Company. This includes, but is not limited to, international shipping costs and customs charges.
g) All commissioned artworks are non-refundable.
h) If the Customer is notified upon purchase that there will be a delay in the receipt of Goods of 14 days or more, or if the Customer elects to delay delivery or collection by 14 days or more, the refundable period of 72 hours will begin from the completion of payment of the Goods.
a) The copyright in and all other rights in Goods supplied to the Customer by the company shall be and remain vested in the Company or in the copyright owner shown on the goods.
The Customer shall not mount, frame or otherwise package any of the Goods in any way which might indicate to a purchaser that the Customer is the owner of any copyright in the Goods or alter or market the Goods in any manner which might infringe the copyright or any other intellectual property rights of the copyright owner of any third party.
b) If any claim shall be made against the Customer that any Goods supplied infringe the copyright in any other right of any third party the Customer shall promptly notify the Company thereof and the Company shall be entitled to conduct all negotiations for the defence or settlement of any such claim. The Customer shall afford all reasonable assistance to the Company in contesting any such claim and shall not make any admissions which may be prejudicial to the defence thereof.
Except as may be otherwise required by law the Company will accept no liability to the Customer or its customers under any so called ‘product liability laws’ in force at any time in any part of the world nor shall the Company be liable to the customer or to anyone else for any incidental or consequential damage or any loss or business or property.
8. Law and Jurisdiction
The Contract shall be deemed to be made in England. All Contacts made between the Company and the Customer shall be governed by the laws of England and any dispute arising therein shall be subject to the sole jurisdiction of the English courts.
9. For New Accounts Only
Acceptance confirmation of this order will be confirmed in writing within 7 days of order date.
12. Art Disclaimer
- All resin coats do age and can discolour over time.
- Please ensure that the art is not exposed to sunlight, UV light, heat or light changes.
- Resin can scratch and mark, please avoid chemical and abrasive cleaners.