Effective Date: 1 January 2019
This page tells you the terms and conditions on which we supply any of the products listed on our website sallybrownart.co.uk. By ordering any of the Products and Services you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Making a contract with us
By placing an order through the site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.
If you are contracting as a consumer, you may cancel a Contract at any time within 14 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in our Returns Policy below).
To cancel a Contract, you must inform us in writing. You must also return the Products to us within 14 days, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Availability and deliverability
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
The price of the Products which includes delivery charges will be as quoted on our site, except in cases of obvious error. Product prices include VAT.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
Payment for all Products must be by credit/debit card or other method as available on our web site. We accept payment by Mastercard, Visa, American Express, Maestro, Visa Electron and Visa Delta.
Returns will not be accepted unless we have been notified in advance and within 14 days of receipt of goods, via the Contact form.
If your order consists of multiple goods, the 14 day period runs from when you get the last of the batch. This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.
Your right to a refund
You will get a refund within 14 days after we receive the returned goods. A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary. The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Refund of ‘returned products’ lost in transit will not be considered unless proof of posting is supplied.
Claims for damaged goods must be made within 3-days of receipt of goods. Damaged product and packaging must be retained in case of inspection by our carriers. Claims of non-delivery must be made within 28-days of despatch.
We will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
Descriptions of goods and services included in the Sally Brown Artist & Designer website are accurate to the best of our knowledge. We do our best to correct errors or omissions as soon as we are aware of them. However, you should be aware that the colours and appearance of images, mounts and frames may vary very slightly from the way they appear on the screen. Also print sizes can vary slightly between production batches. If you need to know the precise dimensions of a product, please contact us.
The images and designs used on the Sally Brown Artist & Designer website are the property of Sally Brown Artist & Designer. All copyright, trademarks and other intellectual property rights in and relating to Sally Brown Artist & Designer are vested in Sally Brown Artist & Designer or our partners where appropriate. You must not reproduce, modify or distribute our images or any part of those images in any manner, whatsoever. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.
Subject to ‘Negligence etc’, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
Subject to ‘Negligence etc’, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
However, this clause will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause.
Nothing in this agreement excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Sally Brown Artist & Designer at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in ‘Written Communications’ above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Events Outside of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with ‘Notices’ above.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract.
Changes to this agreement
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
Misuse of Our Site
Sally Brown Artist & Designer reserves the right to suspend or terminate any members account or open orders which are, or appear to us in our absolute discretion, to be, in breach of any of the provisions of this agreement.
Sally Brown Artist & Designer is an English company, and every sale shall be deemed to be performed in England. English law shall govern each transaction, including (without limitation) all contractual and other relationships, which arise as a result of such sales. You and we submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising out of any sale.
When you use King & McGaw websites, King & McGaw is the data controller. We may update this policy from time to time, so you should check this page occasionally to ensure you are happy with any changes.
How we use your personal information
We may process your account data including your name and email address for the purposes of operating our website, providing our services, ensuring the security of our website and services, and communicating with you.
We may process information relating to transactions, including your contact details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions.
We may send you the notifications related to your orders by email or text message, to keep you up to date with the status of your order.
When you communicate with us, the correspondence data may be processed for the purposes of communicating with you and record-keeping. This includes asking you to review our products and services after you have made a purchase.
We may process data about your use of our website and services, including IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths and information about the timing, frequency and pattern of your service use. We do this to monitor and improve our website and services. Our website is not intended for children and we do not knowingly collect data relating to children.
The law on data protection sets out a number of different reasons for which a company may collect and process your personal data, including:
In specific situations, we can collect and process your data with your consent.
E.g. when you tick a box to receive an email newsletter.
In certain circumstances, we need your personal data to comply with our contractual obligations. For example, if you order an item from us for home delivery, we’ll collect your address details to deliver your purchase, and pass them to our product suppliers and couriers.
If the law requires us to, we may need to collect and process your data. For example, we can pass on details of people involved in fraud or other criminal activity to law enforcement.
In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests. For example, we will use your purchase history to show you personalised offers or advertisements. We also combine the shopping history of many customers to identify trends and ensure we can keep up with demand, or develop new products and services.
Sharing Your Information
We do not sell any of your personal data to any third party. However, providing our services to you requires sharing your information with carefully selected third parties, as set out in this statement:
- We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
- Information required to fulfil your order will be shared with our product suppliers and delivery companies.
- Transactional messages will be sent via third-party services who may retain records for reporting purposes.
If you have subscribed to a newsletter, we may send you emails to keep you aware of what we’re up to and to help you see and find our products. We may also record whether you have opened or clicked a marketing email that we have sent you. You can opt out of marketing emails at any time by clicking the “unsubscribe” link in the footer of any email.
We engage in online advertising, to help you see and find our products. We target banners and ads to you when you are on other websites and apps. We do this using a variety of digital marketing networks and ad exchanges, and we use a range of advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks.
The banners and ads you see will be based on information we hold about you, or your previous use of our site (for example, the pages or products you viewed) or on banners or ads you have previously clicked on. Where we display personalised adverts on other organisations’ websites, the AdChoices icon will usually be displayed. Clicking on this icon will provide you with specific guidance on how to control your online advertising preferences. More information is available on the YourAdChoices website.
Retaining Your Information
We’ll hold on to your information for as long as you have your account, or as long as is needed to be able to provide the services to you, or (in the case of any contact you may have with our Customer Care team) for as long as is necessary to provide support-related reporting.
If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also keep hold of some of your information as required, even after you have closed your account or it is no longer needed to provide the services to you.
You have rights relating to your personal information, including the following:
- To be informed about how your personal information is being used
- To access the personal information we hold about you
- To request the correction of inaccurate personal information we hold about you
- To request that we delete your data, or stop processing it or collecting it, in some circumstances
- To stop direct marketing messages, and to withdraw consent for other consent-based processing at any time
- To request that we transfer or port elements of your data either to you or another service provider
- To complain to your data protection regulator in the UK, the Information Commissioner’s Office
If you wish to exercise any of the above rights, please contact us using the contact form on the website or email us at firstname.lastname@example.org. We may hold personal information that you request to the extent permitted by law.
Cookies that we use
- To identify you when you visit our website and as you navigate our website
- To determine if you are logged into our website
- To maintain the state of your shopping cart as you navigate our website
- To help us to analyse the use and performance of our website and services
Cookies used by our service providers
Improve the performance of our websites
These cookies allow us to measure and analyse how our customers use the site, to improve both its functionality and your shopping experience. This data is mostly aggregated and anonymous.
Deliver relevant online advertising
Measuring the effectiveness of our marketing communications, including online advertising
Cookies can tell us if you have seen a specific advert, and how long it has been since you have seen it. This information allows us to measure the effectiveness of our online advertising campaigns and control the number of times you are shown an advert.
How to contact us
We are Sally Brown Artist and Designer residing in England our office is at
- By phone on +44 (0)7840218687
- By email email@example.com
- By post to West Retford Hall, Rectory Road, Retford, Nottinghamshire, DN22 7AY