TERMS & CONDITIONS
This agreement applies as between you, the User of this Web Site and Sensimania Keates, the owner of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Purpose & Effect
1.1 These terms and conditions set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item or items identified in the invoice, which we refer to below as “the Work”. We confirm that we are the owners of all work displayed on the website.
1.2 If you wish to rely on any variation of, or addition to these terms and conditions, you must ensure that the variation or addition has been agreed by us in writing.
2. Payment of purchase price
2.1 You must pay us the full price for the Work, together with any agreed delivery or framing costs and any amounts payable to us under clause 5 below by PayPal or such other methods as we agree.
3. Commission pieces
Commission pricing will be agreed in writing with Sensimania and a 40% deposit will be required upon agreement of the price. The remaining 60% will be due once the Work has been completed. If the work is not collected by the Buyer, additional postage and packaging charges will apply.
4. Passing of ownership
Full legal title to the Work will not pass to you until we have received in full in cleared funds all sums due in respect of the Work.
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. Sensimania Art is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Sensimania Art cannot guarantee that the packaging of your Goods will be free of signs of tampering.
You will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on the shipment or on import or at any other time.
Unless otherwise agreed in writing, the sale of the Work is not dependent on either us or you obtaining an export licence and failure or delay in obtaining a license will not constitute a basis to cancel a purchase or delay payment for it.
6. Breach by the buyer
6.1 If you fail to pay the purchase price in full by the due date, or otherwise do or fail to do anything which may in any way imperil our ownership of the Work or the Work itself, we are entitled (without prejudice to our other rights and remedies at law) to either:
6.1.1terminate the contract for sale, repossess the Work and claim damages for any loss we have suffered; or
6.1.2 or at our election, treat the sale as cancelled, and repossess the Work, in which case (and only in which case) we shall following the safe return of the Work, refund to you any part of the purchase price you have paid, after deduction of any sums due to us including but not limited to costs of recovery and restoration of the Work.
6.2 We shall also have the right to repossess the Work and cancel the sale if before you make full payment of the purchase price to us, proceedings occur in the UK or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily; or an application for an interim order for a voluntary arrangement, or for the appointment of an administrator; or the appointment of an administrative or another receiver).
6.3 Where we notify you of the exercise of our right to repossession, you will within seven days of such notice, return the Work to our premises at your cost and risk or tell us where the Work is kept and allow us to enter the premises where the Work is (separately) kept and take the Work away at your cost (it being understood that where the Work consists of more than one item, our rights of repossession extend to all such items).
7. Limitation of our liability
Any claim against us must be brought within a period of 6 years from the date of the invoice for the Work or if we have been guilty of any fraud deliberately concealed a relevant fact in relation to the Work within 6 years after you have discovered this, or could have discovered it if you were reasonably diligent. We shall not accept any claim after these periods.
We shall not be liable for loss of profits (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the Work. Any liability to you for breach of our obligations whether in contract tort or otherwise shall be limited to the price paid for the Work provided that nothing in this clause 9 limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud.
The copyright subsisting in all images and other materials produced for the sale of the work is owned by us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the Work. During the period in which the Work is protected by copyright. You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication. If such rights are sought please contact [email protected]
9. Returns & Refunds
9.1 in the unlikely event you wish to return a purchase and you have concluded a transaction exclusively at a distance you have the right to cancel the contract for the purchase of the Work in question within 7 working days, beginning with the day after the day the Work is collected/delivered.
9.2 This right extends only to Works returned in the same condition in which they were sold. You will be responsible for the costs of returning the Work to us unless we delivered the Work to you in error. If we do not receive the Work back from you, we may arrange for collection of the Work from you at your cost. We will refund the total cost of the product minus any delivery costs.
9.3 Please first notify us of your intention to return your purchase by emailing [email protected] and we will provide you with a returns number and address.
9.4 Due to the bespoke nature of commission works, we are unable to accept returns on these items.
10. Law & Jurisdiction
10.1 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law.
10.2 If you are purchasing the Work as a consumer, the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions. If you are not purchasing the Work as a consumer, the courts of England and Wales will have exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions.
11.1 Notwithstanding clause 10.2 above, either party may, by giving written notice to the other, elect to have any disputes arising out of, or in connection with, the sale and purchase of the Work referred to a single arbitrator in London to be resolved in accordance with the Arbitration Act 1996. The seat of such arbitration will be London and the language to be used in the arbitral proceedings will be English. In the event that the parties cannot agree upon an arbitrator, either party may apply to the President of the Law Society of England and Wales for the time being to appoint as arbitrator a Queen’s Counsel of not less than 5 years standing. The decision of the arbitrator shall be final and binding.
11.2 Save that the parties acknowledge each other’s right to seek, and the power of the High Court to grant, interim relief, no Court action shall be brought in relation to any claim or dispute until the arbitrator has made a final award.