Terms of Use

The terms and conditions (the “Terms and Conditions”) govern the use of www.davidnewtonart.co.uk (the “Site”). This Site is owned and operated by David Newton. This Site is an e-commerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of David Newton and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

We do not give you any right or interest in any copyright, trade mark, design right or any other intellectual property rights in any product nor the right to copy them.

We do not give any warranty or representation in respect of the trade marks or trade names of any of the products or brands featured on the website.

Age Restrictions

The minimum age to use our Site is 13 years old. By using the Site, users agree that they are over 13 years old. We do not assume any legal responsibility for false statements about age.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

Original paintings, collage, Giclée Prints

We are under legal duty to supply goods that match the description of the good(s) you order on our Site.

These Terms and Conditions apply to all goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary, If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Payments

We accept the following payment methods on our Site:

Paypal payments:  You do not need to have an account with Paypal in order to pay with this service, you just need a bank or a credit card.  It is a safe and efficient way to pay for goods online and we do not need to obtain any personal or bank details from you when you purchase work from us using Paypal.  Please see their website for further information.

Stripe Payments: You do not need to create an account to pay via Stripe, you simply pay with your debit or credit card from these card merchants: Visa, MasterCard, American Express and Discover (US only).

When you provide us with your payment information. You authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this instrument.

If we believe your payment has violated any law or these terms and Conditions, we reserve the right to cancel or reverse your transaction.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

Royal Mail, Courier companies such as UPS, Transglobal Express etc

Delivery will take place as soon as possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note the that delivery times do not include weekends and bank holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase, unless otherwise stated on the product listing.

If you purchase goods from us for delivery to a destination outside the United Kingdom your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. Please do not place an order unless you are happy to pay these added fees.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a a result of you providing us with inaccurate or incomplete information.

Right to Cancel and Receive Reimbursement

If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract to purchase goods from us within 14 days without giving notice. The cancellation period:

Will end in 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are delivered together;

Will end in 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or

Will end in 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during defined period of time.

To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at

davidnewton4art@gmail.com.

Effects of Cancellation

If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any loss or damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit.

If you cancel your contract with us, we will reimburse you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

We will provide the reimbursement without undue delay and no later than the earlier of 14 after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel.

We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.

The right to cancel and to reimbursement is not affected by any return or refund policy we may have.

Refunds

Refunds for Goods

Refund requests must be made within 14 days after receipt of goods.

Returns

Returns can be made by mail. To return a good by mail, follow the following procedure:

Securely packaged, preferably in the original packaging or equivalent, using an insured/trackable courier service.

Refunds will be issued on inspection of the returned goods, providing they meet the criteria listed above. Refunds will be made using the original payment method within 14 days. Please remember it can take some time for your bank or credit card company to process and post your refund. If more than 14 business days have passed since approval of return, please email David Newton at davidnewton4art@gmail.com.

Damaged goods

Please check the condition of your purchase, and email David Newton within 24 hours if any damage is discovered. Keep all packaging and take digital photographs of the damaged packaging before opening, and also of the damaged artwork, as this will be required to make a claim with the courier. The matter will be dealt with as soon as possible.

Consumer Protection Law

Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other customer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

David Newton and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless David Newton and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of the Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Country of England.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on out Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

Email davidnewton4art@gmail.com

Or via the contact form in the ‘Contact/Licensing’ section of the Site.