GILES WARD PAINTINGS – TERMS AND CONDITIONS OF SALE

Where to find information about us and our artworks

You can find everything you need to know about us, Giles Ward Creative Limited t/a Giles Ward Paintings and our artwork on our website or via email before you order. We also confirm the key information to you in writing before or after you order, either by email or in your online account.

These terms are for consumers

These terms apply to “Consumers” only, as defined in the Consumer Rights Act 2015. If you are purchasing on behalf of a business, such as a gallery or art dealer, please contact us by filling in the online form at www.giles-ward.com/contact to obtain the correct terms and conditions of sale or consignment.

When you buy from us you are agreeing that:

We only accept orders when we’ve checked them

We contact you to confirm we’ve received your order and then we contact you again to confirm we’ve accepted it.

Sometimes we reject orders

Sometimes we reject orders, for example, because an artwork is unexpectedly out of stock, because you are located outside our delivery areas, as stated on our website or because the artwork was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order

However, if agreed in advance, for some artworks we take payment at regular intervals, as explained to you during the order process. You will own your artwork once we have received payment in full.

We charge interest on late payments

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on some increases in VAT (where applicable)

If the rate of VAT changes between your order date and the date we supply the artwork, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We deliver the artwork in line with our delivery terms

We will deliver the artwork to the address you provide and delivery times are estimated and not guaranteed.

We’re not responsible for delays outside our control

If our supply of your artwork is delayed by an event outside our control we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us by filling in the online form at www.giles-ward.com/contact to end the contract and receive a refund for any artworks you have paid for, but not received.

Artworks can vary slightly from their pictures

An artwork’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Because our artworks are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate and may vary slightly from the stated values.

You’re responsible for providing accurate details for commissioned artwork

If we are creating commissioned artwork based on details, images, colour references, design preferences or subject matter you provide, you are responsible for ensuring that all such information is complete and accurate. We will create the artwork based on the information supplied by you. Please refer to our Commission Page, which forms part of these terms, for further information on the commissioning process and guidance on providing your brief.

We charge you if you don’t give us information we need

We charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery. For example, we might need to re-deliver on another vehicle.

You have a legal right to change your mind

Your legal right to change your mind. For most of our artworks bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can’t change your mind. You can’t change your mind about an order for:

  • artworks that are made to your specifications or are clearly personalised (including commissioned pieces);
  • artworks which become mixed inseparably with other items after their delivery; and
  • digital artworks or downloads once you have started to download or access them after giving your consent to receive them immediately.

The deadline for changing your mind. If you change your mind about an artwork you must let us know no later than 14 days after the day we deliver it. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know. To let us know you want to change your mind, fill in the online form at www.giles-ward.com/contact.

You have to return the artwork at your own cost. You have to return your artwork (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the artwork. You can:

  • bring the artwork to our studio by filling in the online form at www.giles-ward.com/contact. You will need proof of purchase and the card you paid with.
  • send the artwork back to us using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the artworks at all or within a reasonable time we won’t refund you the price. For help with returns, including our collection arrangements for artworks which can’t be posted, contact us by filling in the online form at www.giles-ward.com/contact.

We reduce your refund if you have used or damaged an artwork. If you handle the artwork in a way which would not be acceptable in a gallery, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the artwork’s condition is not “as new” or the artwork-branded packaging is damaged. In some cases, because of the way you have treated the artwork, no refund may be due.

When and how we refund you. If you tell us you’ve changed your mind about an artwork that hasn’t been dispatched or one that we’re collecting from you, we refund you as soon as possible and within 14 days. If you’re sending your artwork back to us, we refund you within 14 days of receiving it (or receiving evidence you’ve sent it to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

You have rights if there is something wrong with your artwork

If you think there is something wrong with your artwork, you must contact us by filling in the online form at www.giles-ward.com/contact. We honour our legal duty to provide you with artworks that are as described to you on our website and that meet all the requirements imposed by law. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

We can change artworks and these terms

Changes we can always make. We can always change an artwork:

  • to reflect changes in relevant laws and regulatory requirements; or
  • to make minor technical adjustments and improvements. These are changes that don’t affect your use of the artwork.

We can suspend supply (and you have rights if we do)

We can suspend the supply of an artwork. We do this to:

  • deal with technical problems or make minor technical changes;
  • update the artwork to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the artwork.

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we’re going to suspend supply, for more than 6 months’ you can contact us by filling in the online form at www.giles-ward.com/contact. to end the contract and we’ll refund any sums you’ve paid in advance for artworks you won’t receive.

We can end our contract with you

We can end our contract with you for an artwork and claim any compensation due to us (including enforcement costs) if:

  • you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of our reminding you that payment is due;
  • you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the artwork; and
  • you don’t, within a reasonable time allow us to deliver the artwork to you.

We don’t compensate you for all losses caused by us or our artworks

We’re not responsible for losses you suffer caused by us breaking this contract if the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section “We’re not responsible for delays outside our control”.
  • Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

To the extent that you use an artwork for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the artwork and all claims for loss of profit or indirect or consequential loss are wholly excluded.

All intellectual property rights remain with us

All artwork and website content remain our copyright and may not be copied, reproduced, or used commercially without written permission. Purchase of artwork does not transfer copyright, unless explicitly stated.

We use your personal data as set out in our Privacy Policy

How we use any personal data you give us is set out in our Privacy Policy: www.giles-ward.com/privacy-policy.

You have several options for resolving disputes with us

Our complaints policy. Please contact us by filling in the online form at www.giles-ward.com/contact and we will do our best to resolve any problems you have with us or our artworks.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the applicable ADR entity and they will not charge you for making a complaint. If you’re not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by English and Welsh law and wherever you live you can bring claims against us in the English and Welsh courts. If you live in Scotland or Northern Ireland you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your artwork. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract. If you’re unhappy with the transfer you can contact by filling in the online form at www.giles-ward.com/contact to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for artworks not provided.

Nobody else has any rights under this contract. This contract is between you and us (other than someone you told us you were giving an artwork to as a present). Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

Contact Us

If you need to contact us with regards to any information shared with you in this contract, please contact us by filling in the online form at www.giles-ward.com/contact.