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Terms & Conditions

TERMS AND CONDITIONS OF SALE

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1. ABOUT THESE TERMS

 

1.1 What this covers. These terms apply whenever you buy a product from this website. They set out how orders are placed and fulfilled, what happens if something goes wrong, and how either of us can bring the contract to an end.

 

1.2 Please read them before ordering. Take a moment to read through before you place an order, as they explain who I am, how I'll get your order to you, your rights to cancel or return items, and what to do if there's a problem. Get in touch if anything here looks like a mistake or doesn't make sense.

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2. WHO I AM AND HOW TO GET IN TOUCH

 

2.1 About me. I'm Caroline Trotman, trading in my own name as a sole trader. I paint and print original artwork, which I sell through this website.

 

2.2 Contacting me. You can reach me by email at caroline_trotman@yahoo.com, or by post at 45 Cowper Road, Harpenden, AL5 5NJ.

 

2.3 How I'll contact you. Where I need to get in touch, I'll use the phone number, email address or postal address you gave when placing your order.

 

2.4 “Writing” includes email. Anywhere these terms refer to something being done “in writing,” that includes email correspondence.

 

3. HOW A CONTRACT IS FORMED

 

3.1 When your order is accepted. Placing an order on the website is an offer to buy, not an accepted contract. Where the checkout process confirms shipping costs up front, a contract comes into being once I email to confirm I've accepted your order. Where shipping costs haven't been confirmed at checkout, the contract is formed once I've been in touch to agree those costs with you and then confirm acceptance by email.

 

3.2 If I'm unable to accept an order. Occasionally I may not be able to accept an order — for example if a piece has already sold, if there's an error in the price or description, or if I can't meet a delivery date you've asked for. If this happens I'll let you know and you won't be charged. I reserve the right to decline an order even after sending a confirmation email under Clause 3.1.

 

4. ABOUT THE ARTWORK

Photographs of paintings and prints on this website are for guidance only. Screens display colour differently, so the piece you receive may look slightly different in person to how it appears online. As each piece is handmade, there can also be small variations in size or finish compared with the listed dimensions.

 

5. CHANGING YOUR ORDER

If you'd like to change something about an order you've placed, get in touch and I'll let you know whether it's possible. Where it is, I'll confirm any resulting changes to price, delivery timing, or anything else affected, and ask you to confirm you're happy to proceed. If a change isn't possible, or you don't want to go ahead once you know the consequences, you're free to end the contract instead — see Clause 8, Your Right to Cancel.

 

6. COPYRIGHT AND INTELLECTUAL PROPERTY

I retain all intellectual property rights in the artwork, including copyright, at all times — buying a piece does not transfer any of these rights to you. No licence is granted to you over the underlying work. You agree not to reproduce it in any form, including by photographing or scanning it. All rights are reserved.

 

7. DELIVERING YOUR ORDER

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7.1 Delivery costs. For smaller items, delivery cost is shown and confirmed during checkout. For larger pieces, I'll be in touch after your order to confirm the cost. If you don't accept and pay any confirmed delivery cost within 14 days, I reserve the right to cancel the order. Any customs duties, taxes or other charges for deliveries outside the UK are your responsibility.

 

7.2 Delivery timing. I'll confirm expected delivery timing during the order process. Orders are usually shipped within 5 working days of acceptance, though prints made to order can take up to 3 weeks to produce, plus a further 5 days for delivery. International orders may take longer due to customs.

 

7.3 Delays outside my control. If delivery is delayed by something beyond my reasonable control, I'll contact you as soon as I can and do what I reasonably can to limit the impact. I won't be liable for delays caused this way, but if a delay looks like it will be substantial, you can contact me to cancel the order and get a refund for anything paid but not yet received.

 

7.4 If you're not there to receive delivery. Where deliveries are tracked and require a signature, please contact the courier directly to rearrange collection or delivery if no one was available.

 

7.5 If delivery can't be rearranged. If a delivery fails and isn't rearranged or collected from a depot, I'll be in touch for further instructions and may need to charge for any additional delivery attempts. If I can't reach you or arrange redelivery despite reasonable efforts, I may end the contract, and Clause 10.2 (compensation) will apply.

 

7.6 Your rights if delivery is late. You have legal rights where delivery is late. You can treat the contract as ended immediately if either: (a) I've refused to deliver the goods; or (b) you told me before ordering that delivery by a specific date was essential, and I agreed to that in writing.

 

7.7 Giving a new delivery deadline. If you don't want to end the contract straightaway, or Clause

 

7.6 doesn't apply, you can set a new, reasonable delivery deadline instead — and end the contract if that revised deadline is also missed.

 

7.8 Ending the contract for late delivery. Where you do end the contract under Clause 7.6 or 7.7, you can cancel the order in full or reject only the affected goods, unless splitting the order would significantly reduce the value of what's kept. I'll refund what you paid for the cancelled goods, including their delivery cost. Anything already delivered must be securely packaged and posted back (tracked and signed for, where possible) or made available for me to collect — I'll cover the return cost in this situation.

 

7.9 When the goods become your responsibility. Once a product is delivered to the address you provided, or collected by you or a courier you've arranged, it becomes your responsibility.

 

7.10 When you own the goods. Ownership passes to you once I've received payment in full.

 

7.11 If I need to pause delivery. I'll let you know in advance if supply of a product needs to be paused, unless the reason is urgent. If a pause lasts more than 14 days, you can end the contract and I'll refund anything paid in advance for the affected period.

 

7.12 Pausing supply for non-payment. If payment isn't made when due (see Clause 12.3) and remains outstanding 14 days after I've sent a reminder, I may pause supply until payment is received, and I'll let you know this is happening. I won't pause supply while you're genuinely disputing an invoice (see Clause 12.5). Interest may also apply to overdue amounts (see Clause 12.4).

 

8. YOUR RIGHT TO CANCEL

 

8.1 Your options depend on the circumstances. What you're entitled to when ending a contract depends on what you bought, whether anything's wrong with it, how the order has been handled, and when you choose to cancel: (a) where goods are faulty or not as described, see Clause 11 for your legal rights; (b) where you're cancelling because of something I've done or plan to do, see Clause 8.2.

 

8.2 Cancelling because of something I've done. The contract ends immediately, with a full refund for anything not yet supplied, if: (a) I've told you about a change to the product or these terms that you don't agree with; (b) I've told you about a pricing or description error and you'd rather not proceed; (c) there's a real risk of significant delay due to something outside my control; (d) I've paused or announced I'll pause supply for technical reasons for more than 14 days; or (e) you otherwise have a legal right to cancel because of something I've done wrong, including late delivery (Clause 7.6).

 

8.3 Changing your mind (Consumer Contracts Regulations 2013). As a consumer buying online, you generally have 14 days from the day after you (or someone you've nominated) receives the goods to change your mind and receive a refund, under the Consumer Contracts Regulations 2013. More detail on how this works follows below.

 

9. HOW TO CANCEL YOUR ORDER

 

9.1 Letting me know. To cancel, email me at caroline_trotman@yahoo.com with your name, address, order details, and, if possible, a contact number.

 

9.2 Returning items once cancelled. If you cancel after an item has been dispatched or received, you'll need to return it — either in person, by post to 45 Cowper Road, Harpenden, AL5 5NJ, or by arranging collection with me if posting isn't practical. Please pack items securely to avoid damage in transit. Email caroline_trotman@yahoo.com for a return label or to arrange collection. If you're changing your mind under Clause 8.3, the item needs to be sent back within 14 days of telling me you want to cancel.

 

9.3 Who pays for the return. I'll cover return costs where: (a) the item is faulty or not as described; or (b) you're cancelling because of a change I've made, a pricing/description error, a delay outside my control, or something else I've done wrong. Outside of these situations — including a simple change of mind — the return cost is yours.

 

9.4 How refunds are paid. Refunds are made using the same method you paid with, and will include delivery costs, subject to the deductions below.

 

9.5 Deductions for change-of-mind cancellations. Where you're cancelling because you've changed your mind: (a) I may reduce the refund if the item's value has been reduced by handling beyond what's reasonable to check it over, as you would in a shop — if I've already refunded you before inspecting the return and later find this has happened, you'll need to pay the difference; (b) the delivery refund is capped at the cost of my cheapest delivery option, even if you originally chose and paid for a faster service.

 

9.6 Timing of refunds. Refunds are processed as soon as reasonably possible. For change-of-mind cancellations, this will be within 14 days of receiving the returned item back, or of you providing proof of postage if that comes first.

 

10. WHEN I MAY END THE CONTRACT

 

10.1 Grounds for ending the contract. I may end the contract by writing to you if: (a) payment isn't made when due and remains outstanding 14 days after a reminder; (b) you don't provide information I reasonably need to fulfil the order within a reasonable time; or (c) you don't allow a reasonable opportunity for delivery or collection of the goods.

 

10.2 Compensation if the contract ends this way. Where the contract ends under Clause 10.1, I'll refund any advance payment for goods not yet supplied, but may deduct reasonable compensation for costs I've incurred as a result, or for any damage to the goods.

 

11. IF SOMETHING'S WRONG WITH YOUR ORDER

 

11.1 Getting in touch about a problem. If you have a question or complaint about an item, please email caroline_trotman@yahoo.com.

 

11.2 Your legal rights aren't affected. Nothing in these terms limits your legal rights as a consumer.

 

11.3 Returning rejected items. Where you're exercising a legal right to reject goods, please return them in person, by post, or by arranging collection with me — I'll cover the postage or collection cost. Email caroline_trotman@yahoo.com for a return label or to arrange this.

 

12. PRICE AND PAYMENT

 

12.1 Where prices are shown. The price shown on the order page at the time you order is the price payable. I take care to keep prices accurate, but see Clause 12.2 for what happens if an error slips through.

 

12.2 Pricing errors. Occasionally an item may be mispriced despite reasonable care. Where I spot this before accepting your order, I'll contact you with the correct price before going ahead.

 

12.3 Payment terms. Payment is due in full when you place your order, using one of the payment methods offered on the website, unless we've agreed otherwise.

 

12.4 Interest on late payment. Overdue amounts may accrue interest daily, at 4% a year

above HSBC's base lending rate, from the due date until payment is made — including after any judgment.

 

12.5 Disputing an invoice. If you believe an invoice is wrong, let me know promptly — no interest will be charged while the query is being resolved. Once resolved, interest will apply to any correctly invoiced amount from the original due date.

 

13. LIABILITY

 

13.1 Responsibility for foreseeable loss. Subject to Clause 13.4, I'm responsible for loss or damage that's a foreseeable consequence of my breaking this contract or failing to take reasonable care, but not for loss that wasn't foreseeable at the time of ordering.

 

13.2 Rights that can't be limited. Subject to Clause 13.4, nothing here limits liability for death or personal injury caused by negligence, for fraud, or for breach of your statutory rights under the Consumer Rights Act 2015 — including the right to goods that match their description, are of satisfactory quality, and are fit for purpose.

 

13.3 If you're buying as a business. Where you're purchasing as a business rather than a consumer, liability is capped, as far as the law allows, at the price of your order — except for death, personal injury caused by negligence, or fraud, which are never limited.

 

13.4 No liability for business losses. If you use a purchased item for commercial or resale purposes, I won't be liable for any resulting loss of profit, business interruption, or similar indirect losses.

 

14. YOUR PERSONAL DATA

Any personal information you share is used only as described in my Privacy Policy [insert link once the page is live].

 

15. OTHER TERMS

 

15.1 Transferring this agreement. I may transfer my rights and obligations under this contract to someone else.

 

15.2 You need my agreement to transfer yours. You may only transfer your rights or obligations to someone else with my written consent.

 

15.3 This contract is just between us. No one other than you and I has any right to enforce these terms, and neither of us needs anyone else's agreement to change or end the contract.

 

15.4 Severability. Each clause of these terms stands on its own. If any is found unlawful or unenforceable, the rest remain in effect.

 

15.5 Delay doesn't waive rights. If I don't immediately act on a breach of these terms, that doesn't stop me acting on it later.

 

15.6 Governing law. These terms are governed by English law, and any disputes must be brought in the English courts.

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