Terms and Conditons
Buyer Terms and Conditions
www.avislw.com (the Website) is to buy original artwork from Avis Lane Willan.
I want you to enjoy your art and have a good purchasing experience; with this in mind I am legally obliged to provide you with the terms and conditions of sale. This does not replace humanity; it clarifies the business exchange and keeps us legal. With this in mind, I advise you to carefully read through the terms and conditions before you place your order.
By using the website and placing an order the Buyer (referred to as “you” in these Buyer Terms and Conditions) are in agreement of with the terms and conditions and therefore have entered a legally binding agreement with avislw.com (referred to as “I”, “my” or “Avis Lane Willan”.)
(1) “avislw.com” means the website showing art for sale and facilitating sales
(2) “Artist” means Avis Lane Willan
(3) “Artwork” means the artwork which a Buyer agrees to buy, including Commissions
(4) “Buyer” means the person and/or organisation who may buy Artwork.
(5) “Commissions” is Artwork supplied according to the Buyer’s requirements and is bespoke work. However, the Buyer must bear in mind that Artwork is a personal choice and must be clear if the Buyer has any specific requirements. Artwork which is painted/made for the Buyer based on an original piece of artwork which the Buyer likes will be similar to the original but, because of their very nature, will have variations in the design and colour, and no artworks will be exactly the same in appearance. It will not be an exact replica of the original.
Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer. These Terms and Conditions may be changed and it is your responsibility to check the Terms and Conditions which apply as at the time of your order.
Other than those implied by law where a Buyer is dealing as a Consumer, in the event of my breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork. You will indemnify me against all claims, costs and expenses which we may incur, and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions
3 THE ARTWORK
(1) The Artist reserves the right not to accept orders for any reason. If the Artist is unable to supply any Artwork then I will, at my sole discretion, either
(a) Offer an alternative OR
(b) Cancel the order, and you will be provided with a full refund within 14 days of the cancellation date.
(2) Once your order has been accepted you will be provided with an Order Confirmation email, invoice or receipt.
(3) Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork.
(4) “Intellectual Property Rights” means the copyright for all original artworks remain with Avis Lane Willan.
4 PRICE, PAYMENT & DELIVERY
(1) If yours is an International Sale (you are buying from the Artist who is located in a country which is either not your country of residence and/or where you want your Artwork to be shipped), you will be responsible for additional charges. Dependant on the International Sale, this could include customs duties and rates of VAT which are different to those in England and Wales. Please clarify this before placing your order by contacting me directly.
(2) Unless otherwise specified in writing, you must pay in advance before the Artwork is despatched.
(3) An additional charge will be made for anything other than standard delivery and for delivery outside Mainland UK. This will be agreed in advance.
(4) Delivery is arranged by me to the address provided by you. I will contact you with information about delivery details once your Artwork is despatched. Delivery times are estimates and not guaranteed.
(5) Your order will be well packaged and in good condition when despatched.
When you receive your Artwork, it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, I require that you sign for the parcel, 'Received Damaged'. In the subsequent event that the Artwork is found to be damaged, please email me at email@example.com within 7 days and include photographs.
(6) You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located. This means that I will not be responsible for any costs incurred as a result of any delivery of Artwork to you.
(1) If a piece is not as you expect, you have 7 days to contact me by email and request a refund. Once a return has been agreed, you are responsible for packing and arranging return delivery using the same service it was sent to you. Once the piece has been safely returned; I will refund your payment within 14 days. Payment is refunded minus the cost of shipping and any fees.
If you would like to return your order, please confirm this in writing by contacting me directly using the “contact the artist” form available on the Website or emailing me at firstname.lastname@example.org
Please note that these return rights do not apply to any commissions.
(2) Artwork should be returned unused and in perfect condition to me with the original packaging (to guard against damages) and removal of old shipping labels, within 14 days of the date you advise me of your return. This will be at your expense and using the postal address provided for the return. You must return Artwork using a service which provides you with proof of sending.
(3) The law enables the artist to deduct an amount from your refund if the value of the Artwork has been reduced by handling it beyond what is necessary.
Thank you for buying my art and sharing your life and home with it. I hope it brings you much enjoyment.
Avis Lane Willan