Standard Terms and Conditions
1. DEFINITIONS
1.1 ‘Buyer’ means the individual or organisation who buys or agrees to buy the Goods from the Seller
1.2 ‘Goods’ (and ‘Artwork’) mean the artwork as produced by the Seller, including any digital content that the Buyer agrees to buy from the seller
1.3 ‘Seller’ means The Ugly House/Jane Spencer/ Elsie Harris and associates
1.4 ‘Terms and Conditions’ means the terms and conditions set out in this agreement and any special terms and conditions agreed in writing by the Seller
1.5 ‘Website’ means ‘theuglyhouse.net’
2. CONDITIONS OF SALE
2.1 The price of artwork shall be that as stipulated on the Website.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3. PAYMENT
3.1 Full payment is required before the Goods are to be delivered.
3.2 Full payment to be made 30 days from the date of invoice, or before the agreed delivery date, whichever comes first.
3.3 A painting is not considered ‘sold’ until full payment is made. A breach of the above-mentioned conditions may result in the painting being released for sale.
3.4 The Seller is not currently registered VAT so website prices are VAT inclusive for Buyers within the United Kingdom.
3.5 Buyers from outside the UK will be responsible for VAT, customs duty and customs processing charges applicable in their own jurisdictions
3.6 Risk in the Goods shall pass to the Buyer from the point of delivery.
4. DELIVERY
4.1 Goods supplied within the UK will be delivered at an agreed date and in writing with the Buyer.
4.2 This normally will mean Goods being delivered within 15 working days of full payment having been received. In the event that the Goods are not in location with the Seller – for example are in exhibition, or due to be displayed in an exhibition – then the Buyer will be advised in writing prior to the confirmation of order.
4.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
4.4 Delivery of the Goods shall be made to the Buyer’s address as specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods.
4.5 Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.
4.6 Goods supplied outside the UK will normally be delivered within 21 working days of full payment having been received.
4.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
4.8 If the Goods are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.
5. FORCE MAJEURE
5.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system. The Seller shall be entitled to a reasonable extension of its obligations.
6. WEBSITE
How We Store Your Personal Information
6.1 Should you choose to contact us, our website provides enquiry forms and/or an email link which will open your email software. Our enquiry forms are driven from within the software that runs our website and will store the information you provide which is then sent to us via an email. The data you provide by email or enquiry form(s) may then be stored within our customer relationship management (CRM), quotation and accounting systems for legitimate business relationship purposes.
6.2 We will not share details with any third parties and all details will be stored safely.
6.3 We may use email addresses to inform of forthcoming events or exhibitions relating to the Seller. If you do not wish to be informed in this way, please email to let us know and we will remove you from our newsletter mailing list.
6.4 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
7. COPYRIGHT
7.1 Unless otherwise stated, all text and graphic materials on the website is copyright owned by the Seller. Except where indicated otherwise (e.g. download areas, downloadable text, graphic files and pdfs), none of the material on this website may be republished or reproduced without permission. Permission is granted for such material to be viewed, stored, or printed as ‘hard or electronic copies’. All rights are reserved.
7.2 The Seller owns the right to convert the digital file of the Goods or any derivative work based on the Goods into a Non-Fungible Token. For the avoidance of doubt, the Buyer must not convert a digital file of the Goods or works derived from the Artwork into a Non-Fungible Token unless the Seller has given permission in writing.
7.3 Original Artwork shall not be intentionally destroyed, altered, retouched, modified or changed in any way whatsoever without the written consent of the Seller.
8. COOKIES
8.1 The cookies we use do not store personally identifiable information. They cannot harm your computer and help us to achieve our goals of providing an information, personal and user-friendly experience for our visitors. By using this website, you agree to the use of cookies as set out in this policy. If you do not agree to such use, please refrain from using this website.
8.2 For further information on any of the policies described in this document, please contact us. Please note that the above policies may change from time to time in-line with legislation or industry developments. We will not explicitly inform clients or website visitors or users of these changes. Instead, we recommend that you check this page occasionally for any policy changes
8.3 The Ugly House reserves the right to make changes to its website information without notice. In no event shall the Ugly House be liable for damages arising out of or related to the information contained within pages on the website.
9. PHOTOGRAPHY
9.1 It is expected that photographs will be taken at exhibitions or events featuring the Seller, or any Artwork produced by the Seller. These photos may be used later for marketing purposes.
10. LIMITATION OF LIABILITY
The Seller shall not be responsible for:
10.1 losses that were not caused by any breach on the part of the Seller; or
10.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or
10.3 Any indirect or consequential losses that were not foreseeable to both the Buyer and the Seller
10.4 The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent within a reasonable time owing to a cause beyond the Seller’s reasonable control.
11. Returns for items other than original art
The following items can’t be returned or exchanged:
Because of the nature of these items, unless they arrive damaged or defective, I can’t accept returns for:
- Custom or personalised orders
- Digital downloads
- Gift Cards
- Intimate items (for health/hygiene reasons)
Conditions of return
Buyers are responsible for return postage costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
There are certain situations where only partial refunds are granted:
- Book with obvious signs of use
- Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
- Any item that is returned more than 30 days after delivery
Refunds
Once your return is received and inspected, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at {email address}.
Shipping returns
To return your product please contact us for the return shipping address
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Need help?
Contact us at theuglyhouse96@gmail.com for questions related to refunds and returns.
