Terms & Conditions
DOMINIC SIMPSON ART AND DESIGN: TERMS AND CONDITIONS. These terms and conditions apply between you, the user of this website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Dominic Simpson, the owner and operator of this website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website.
You must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
REFUND POLICY
Dominic Simpson wants you to be happy with your artwork. But if for any reason you aren’t, you can return it within 30 days of delivery, undamaged, for a refund (minus any shipping costs). Artwork must be sent back by tracked delivery in its original packaging or packaged securely and is your responsibility until it arrives. Commissioned pieces cannot be returned.
POSTAGE AND PACKAGING
All orders are wrapped and packed securely to prevent the artwork being damaged in delivery. Shipping charges apply and will be added on delivery address. Items sent within the UK are sent by Royal Mail. With original art sent via Signed For delivery, meaning your order will be insured and protected. Someone will need to sign for your parcel.
Original artwork sent to the rest of the world will be sent via a secure delivery service. Dominic Simpson will contact you with estimated delivery dates and the service being used.
INTERNATIONAL CUSTOMS CHARGES
If you are outside the UK, you may be charged taxes and duties when your parcel arrives in the country. This is your responsibility to pay. Customs policies vary widely from country to country; you should contact your local customs office to find out more.
INTELLECTUAL PROPERTY AND ACCEPTABLE USE
All content included on the website, unless uploaded by users, is the property of Dominic Simpson, our affiliates or other relevant third parties. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, do the following: Retrieve, display and view the content on a computer screen.
PROHIBITED USE
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Dominic Simpson.
You may not use the website in any way which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website; in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
LINKS TO OTHER WEBSITES
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Dominic Simpson or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
AVAILABILITY OF THE WEBSITE AND DISCLAIMERS
Any online facilities, tools, services or information that Dominic Simpson makes available through the website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Dominic Simpson is under no obligation to update information on the website. While Dominic Simpson endeavours to ensure that the website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all users take responsibility for their own security, that of their personal details and their computers.
Dominic Simpson accepts no liability for any disruption or non-availability of the website.
Dominic Simpson reserves the right to alter, suspend or discontinue any part (or the whole of) the website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.
LIMITATION OF LIABILITY
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Dominic Simpson accepts no liability for any of the following:
Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software; any special, indirect or consequential loss or damage.
GENERAL
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
SUPPLY OF GOODS TERMS AND CONDITIONS
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Dominic Simpson Art and Design (the Supplier or us or we).
APPLICATION
These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the website if you are eligible to enter into a contract and are at least 18 years old.
INTERPRETATION
Customer means an individual buying Goods from Dominic Simpson
Contract means the legally-binding agreement between you and us for the supply of the Goods;
Delivery Location means the customer’s premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the goods advertised on the website that we supply to you of the number and description as set out in the Order;
Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the website;
Website means our website dominicsimpson.com on which the Goods are advertised.
GOODS
The description of the Goods is as set out in the website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods which appear on the website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
PERSONAL INFORMATION
We retain and use all information strictly under the Privacy Policy.
BASIS OF SALE
The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
PRICE AND PAYMENT
The price of the Goods and any additional delivery or other charges is that set out on the website at the date of the Order or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
DELIVERY
We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods.
If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
You may need to pay import duties or other taxes, if Goods are to be delivered outside the UK. It is your responsibility to pay any import duties due on Goods supplied by Dominic Simpson
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
RISK AND TITLE
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the
Goods still owned by you, in which case you must return them or allow us to collect them.
WITHDRAWAL AND CANCELLATION
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 30 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
Goods that are made to your specifications or are clearly personalised;
goods which are liable to deteriorate or expire rapidly
Also, the Cancellation Rights for a Contract cease to be available in the following circumstances: in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
RIGHT TO CANCEL
Subject as stated in these Terms and Conditions, you can cancel this contract within 30 days without giving any reason.
The cancellation period will expire after 30 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 30 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period.
DEDUCTION FOR GOODS SUPPLIED
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
TIMING OF REIMBURSEMENT
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than: 14 days after the day we receive back from you any Goods supplied, or, (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
RETURNING GOODS
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
CONFORMITY
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
Be of satisfactory quality; be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
SUCCESSORS AND OUR SUBCONTRACTORS
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. TheSupplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
In the event of any failure by a party because of something beyond its reasonable control:
The party will advise the other party as soon as reasonably practicable; and the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy.
EXCLUDING LIABILITY
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: If you are unhappy with your purchase or it arrives damaged, please contact us and we will try to resolve the problem as soon as possible.