Standard Terms and Conditions of Sale
1. BASIS OF EACH CONTRACT
1.1. In these terms and conditions ("these Conditions") "the Company" means gerstaecker UK Ltd, whose main trading and contact address is Normandy House, 1 Nether Street, Alton, Hampshire GU34 1EA ("the Premises") and "the Buyer" means any person placing an order with the Company for the purchase of goods as from time to time agreed ("the Goods"). 'Great Art' is a trading name and style of the Company.
1.2. These Conditions apply to the sale of Goods via the Company's website www.greatart.co.uk ("the Website") and to orders made over the telephone or by using an order form or otherwise in writing (including email).
1.3. The Buyer is a "Consumer" if:
(a) it neither makes the Contract in the course of business, trade, craft or profession nor holds itself out as doing so; and
(b) where the Buyer is not an individual, the Goods are of a type ordinarily supplied for private use or consumption.
1.4. (a) A contract under which the Company shall sell Goods to the Buyer shall only come into existence once the Company has received and accepted the Buyer's order and until acceptance the Company shall be under no obligation to the Buyer.
(b) Where the Buyer orders Goods other than on a credit account agreed with the Company, the Company must receive payment of the whole of the price for the Goods before the Buyer's order is accepted.
1.5. These Conditions shall constitute the entire contract between the Company and the Buyer whenever the Company is to supply Goods to the Buyer ("the Contract").
(a) Any other terms, conditions or provisions whether proposed by the Buyer orally or in writing shall be of no effect and the sale of Goods by the Company to the Buyer shall not constitute acceptance of such other terms, conditions or provisions.
(b) Unless specifically agreed and confirmed in writing and signed by a Director of the Company, information and advice given orally or contained in the Company's Website, publicity material, advertisements and catalogues and in correspondence between the Company and the Buyer before the date of the Contract is given gratuitously and without responsibility on the part of the Company and shall not form part of the Contract. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
(c) Unless stated in the Contract or expressly agreed in writing by a Director of the Company, no term, condition, warranty or representation (whether express or implied by statute, law, custom or usage) as to the nature, quality or fitness of the Goods or their conformity with any description or sample is given by the Company, or shall form part of any contract between the Company and the Buyer.
(d) The terms of the Contract shall override and supersede any previous negotiations, agreement or arrangement between the Company and the Buyer in relation to the supply of Goods.
(e) Unless the Company otherwise agrees in writing these Conditions shall apply to all future agreements for the supply of Goods from the Company to the Buyer.
(f) Information on the Website and in catalogues, brochures, price lists and other documents in relation to the Goods is subject to alteration without notice and does not constitute offers to sell the Goods which are capable of acceptance.
(g) Any typographical, clerical or other accidental errors or omissions on the Website or in catalogues, brochures, price lists and other documents or information issued by the Company shall be subject to correction without any liability on the part of the Company.
(h) Illustrations, colours, photographs or descriptions whether on the Website or in catalogues, brochures, price lists or other documents issued by the Company are intended as a guide only and shall not be binding on the Company.
1.6. Save as referred to in condition 1.5 no officer, employee, agent, representative or consultant of the Company is authorised to make any representation on behalf of the Company in respect of any matter to which the Company relates, and no such representation shall form part of the Contract or impose any obligation upon the Company whether in respect of negligence or otherwise.
1.7. Directors of the Company alone are authorised to make representations on behalf of the Company in respect of matters to which the Contract relates, and such representations must be written to bind the Company. Any other representation made by or on behalf of the Company prior to the date of the Contract is withdrawn.
1.8. The Buyer warrants it has not been induced to enter into the contract by any representation other than one made by a Director of the Company in writing.
1.9. A variation to the Contract shall only be binding on the Company if it is in writing and signed by a Director of the Company.
1.10. The Company may engage sub-contractors to perform any part of the Contract.
2. PRICE, ORDERS AND PAYMENT
2.1. The Company's prices shall be as from time to time notified to the Buyer.
2.2. Unless otherwise stated in writing, the Company's prices do not include any other duties or taxes which may be chargeable in connection with the supply of the Goods to the Buyer which the Buyer shall pay in addition to the price. The Company's prices are subject to the minimum order and delivery charges set out in conditions 3.1 and 3.2.
2.3. Prices published on the Website show prices both including and excluding VAT and prices published in the catalogue and on other printed material show prices including VAT only. Prices are published exclusive of any other tax, excise or levy of a similar nature which is imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay.
2.4. Orders made by telephone are processed immediately and cannot be amended once received. Orders made by other methods may be amended up to the time they are processed, and in such cases the Buyer must quote the date of the order and its customer reference number.
2.5. Stock information is live for orders made by telephone, but is only updated hourly on the Website which means that the stock information on the Website might not be accurate at the time of ordering. If an item is out of stock and not dispatched with an order the Buyer shall be liable for the appropriate carriage charges on any reorder.
2.6. Where the Buyer orders Goods on a credit account agreed with the Company:
(a)The Buyer shall make full payment for the Goods as invoiced by the Company no later than the last working day of the month following the date of invoice.
(b)The Company shall have the right to invoice the Buyer for a partial delivery of the Goods.
(c) If full payment is not made on the due date then, without prejudice to any other right or remedy of the Company, the Company shall be entitled to:
(I) cancel the order or suspend any further deliveries to the Buyer;
(II) appropriate any payment made by the Buyer to such of the Goods (or goods supplied under any other contract between the Company and the Buyer) as the Company may think fit (notwithstanding any purported appropriation by the Buyer); and
(III) charge the Buyer interest (both before and after any judgment) on the outstanding balance at the rate of 1 ½ percent each month above the Lloyds TSB Bank minimum lending rate from time to time in force compounded monthly until payment is made in full.
(d) The Buyer shall not be entitled to withhold payment of any invoice by reason of any right of set off or any claim or dispute with the Company, whether relating to the quality of the Goods or otherwise.
2.7. Where the Buyer orders Goods and pays by credit or debit card (or otherwise not on a credit account agreed with the Company) and any of the items ordered are not in stock, the Company will notify the Buyer and the Buyer will then have the option to either choose a replacement item (and any difference in the price of such item or items shall be charged or refunded accordingly) or remove the item from the order and receive a refund in respect of that item. For orders placed on the Website, the Company will refund the Buyer in respect of that item.
2.8. The Company shall have the right to suspend performance of its obligations under the Contract if it reasonably believes that the Buyer will not make payment in accordance with this condition 2.
2.9. For those customers wishing to pay by electronic transfer, our bank details are: Account name: Gerstaecker UK Ltd (GreatArt); Account No: 00299845; Sort Code: 30-96-61.
3.1. Subject to condition 3.2, the Company will charge the following for standard delivery within the United Kingdom (all prices inclusive of VAT):
(a) FREE for orders of £34.95 or more
(b) £2.95 for orders between £19.95 and £34.94
(c) £4.95 for orders of £19.94 or less.
(d) FREE for brush only orders of £19.95 or more
(e) £2.95 for brush orders only of £19.94 or less
3.2. An additional delivery charge of £5 will be applied for UK Offshore, Scottish Highlands and Channel Islands (Northern Ireland (BT), Isle of Man (IM), Perth (PH), Inverness (IV), Krikwall (KW), Paisley (PA), Lerwick (ZE), Kilmarnock (KA), Outer Hebrides (HS), Isle of Wight (PO), Guernsey (GY), Jersey (JE)). This is due to different policies operated by the Company's carrier to deliver these areas. In respect of such orders the total delivery costs will be notified to the Buyer prior the dispatch and/or payment. During promotions such as "Free delivery weekend", the areas above will still be required to pay the additional charge of £5.
3.3. (a) Dates and times given for delivery of Goods are estimates only and shall not constitute a term or condition of any Contract between the Company and the Buyer. Time for delivery shall not be of the essence.
(b) While the Company will endeavour to meet any time estimate, it reserves the right to amend any estimate without notification.
(c) The Company may not be able to deliver to some locations.
(d) If the Goods have not been delivered within 5 days of the date of order the Buyer must contact the Company immediately.
(e) The Company shall only arrange deliveries to educational establishments during holiday periods if the Buyer provides written confirmation at the time of placing the order that an authorised person will be present to receive the Goods.
3.4. The Company shall pack and secure the Goods in such a manner as to reach the agreed point of delivery in good condition under normal conditions of transport.
3.5. Unless otherwise agreed in writing the Company may use any route and means it may select for the transportation of the Goods and will deliver the Goods in such batches or instalments as it considers expedient.
3.6. Where the Goods are delivered on a pallet, the carrier will only be required to deliver to the nearest accessible and lockable ground floor door at the delivery address specified by the Buyer.
3.7. If the Contract is for the delivery of Goods by instalments then failure by the Company to deliver one or more instalment shall not entitle the Buyer to claim compensation or to terminate or suspend the Contract and/or reject those or subsequent deliveries.
3.8. If the Company agrees to deliver (or to arrange delivery of) the Goods to a place nominated by the Buyer, delivery shall be effected and risk shall pass when delivery is tendered there during normal working hours.
3.9. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Buyer until the Company has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by the Company and the Buyer has repaid all moneys owed to the Company, regardless of how such indebtedness arose.
3.10. The Company reserves the right to repossess any Goods in which the Company retains title without notice. The Buyer irrevocably authorises the Company to enter the Buyer's premises during normal business hours for the purpose of repossessing the Goods in which the Company retains title.
3.11. If the Buyer does not accept delivery of the Goods in accordance with this condition 3, the Company may arrange for the storage of the Goods on the Buyer's behalf but without any liability for loss or damage occurring subsequently. The Buyer shall, in addition to the price payable for the Goods, pay on demand all reasonable charges for storage, insurance and transport resulting from its failure to take delivery.
3.12. The Company will at the Buyer's request endeavour to provide proof of delivery provided:
(a) the request is made within 10 working days of the date of the Company's first statement relating to the delivery in question, and
(b) the Buyer pays the carrier's charge for providing the proof.
4. RETURNS AND REPLACEMENTS
4.1 (a) The Buyer shall carefully examine all Goods on delivery or collection as the case may be. Where the Goods cannot be examined the carriers note or such other note as appropriate shall be marked 'not examined'.
(b) The Buyer shall immediately notify the Company, and ensure the Company receives within three days written details, of any short delivery or defects reasonably discoverable on careful examination. It shall also hold damaged Goods for inspection by the Company.
(c) Provided the Company receives these notices, and is satisfied on inspection of damaged Goods, it will replace the missing or damaged Goods without further charge.
(d) If the Company does not receive such notices it shall be discharged from all liability (whether arising in negligence or otherwise) resulting from short delivery or such defects.
4.2. The Company shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Company's or manufacturer's instructions (whether oral or in writing), misuse or alteration of the Goods without the Company's approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.
5. NO QUIBBLE' REFUND POLICY
5.1 Subject to the following provisions of this condition 5, the Buyer may cancel its contract with the Company for the Goods at any time up to the end of 60 days from the date of the Buyer's order. The Buyer does not need to give any reason for cancelling the Contract and will not have to pay any penalty. For the avoidance of doubt, the Company will not be liable to refund delivery charges to the Buyer if the Goods have been processed for delivery or delivered to the Buyer. The return of the Goods to the Company in their original packaging and condition at the Buyer's own cost and risk
5.2 The Buyer cannot cancel the Contract if the Goods are newspapers or magazines or if the Buyer has taken any of the Goods out of the sealed package in which it was delivered.
5.3 To cancel the Contract the Buyer must:
(a) notify the Company in writing of the decision to cancel the Contract;
(b) telephone the Company to arrange collection of the Goods by the Company;
(c) ensure that the Goods are returned to the Company within 60 days of their delivery to the Buyer; and
(d) return the Goods to the Company in their original packaging and condition at the Buyer's own cost and risk.
5.4 Once the Buyer has notified the Company that it is cancelling the Contract:
(a) where the Buyer has paid by credit or debit card, cheque or Paypal, the cost of the Goods will be refunded to the Buyer's account as soon as possible; or
(b) where an invoice has been issued or will be issued to the Buyer, the Company will credit the cost of the Goods against that invoice;
provided that the Goods in question are returned by the Buyer and received by the Company in the condition they were in when delivered to the Buyer and otherwise in accordance with these Conditions. If the Buyer does not return the Goods delivered or does not pay the costs of delivery, the Company shall be entitled to deduct the direct costs of recovering the Goods from the amount to be credited to the Buyer.
(a) the Buyer is a Consumer; and
(b) the option to cancel has been notified to the Company within 60 working days of receipt by the Buyer of the Goods; and
(c) the Buyer has complied with the relevant provisions of this condition 5,
the Company shall refund the price of the Goods (not including any delivery charges) within a maximum of 60 days of acceptance of the Buyer's order.
5.6 While the Goods remain in the Buyer's possession the Buyer is under a duty to ensure that the Goods are kept safe and secure.
6. PRICE MATCH GUARANTEE
6.1. Subject to conditions 6.3 to 6.5, the Company shall match the price of a competitor for a particular item provided that:
(a) the Buyer raises the claim within 7 days of placing its order with the Company;
(b) the item sold by the competitor is:
(i) identical to the item provided by the Company;
(ii) in stock and available immediately for delivery to the same delivery address provided to the Company by the Buyer;
(iii) brand new and not damaged;
(iv) not offered through any sort of auction (including eBay and the like), non-UK based competitors nor websites not operating secure (SSL) payment systems;
(v) not a clearance item or part of a discounted line; and
(c) the competitor's price:
(i) includes all delivery and other charges; and
(ii) is verifiable by the Company.
6.2. Where the Company accepts the Buyer's price match claim the Company shall refund the difference between the price paid for the item by the Buyer under the Contract and the competitor's price.
6.3. For the avoidance of doubt, the Company's price match guarantee cannot be applied to the Company's own prices on the Website or in other information issued by the Company.
6.4. The Company may require the Buyer to provide written proof that their claim complies with the conditions set out in condition 6.1.
6.5. The Company reserves the right to refuse to match the price of any item at any time for any reason.
7.1. f the goods delivered are not what the Buyer ordered or are damaged or defective or the delivery is of an incorrect quantity, the Company shall have no liability to the Buyer unless the Buyer notifies the Company in writing of the problem within 10 working days of the delivery of the goods in question.
7.2. If the Buyer does not receive the goods ordered within 30 days of the date on which they were ordered, the Company shall have no liability to the Buyer unless the Buyer notifies the Company in writing of the problem within 40 days of the date on which the Buyer ordered the goods.
7.3. If the Buyer notifies the Company of a problem under conditions 7.1 or 7.2 above, the Company's only obligation will be, at the Buyer's option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to the Buyer the amount paid for the goods in question in whatever way the Company may choose.
7.4. Save as precluded by law, the Company will not be liable to the Buyer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem the Buyer notifies to the Company under this condition and the Company shall have no liability to pay any money to the Buyer by way of compensation other than to refund the amount paid by t he Buyer for the goods in question under condition.7.3(c) above.
7.5. The Buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from the Company. The importation or exportation of certain goods to the Buyer may be prohibited by certain national laws. The Company makes no representation and accepts no liability in respect of the export or import of goods ordered by the Buyer.
7.6. Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the Buyer might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit the Company's liability to the Buyer for any death or personal injury resulting from the Company's negligence.
7.7. No officer or employee of the Company shall be liable to the Buyer in any circumstances for any loss, expense or damage of any kind (direct, indirect, financial or consequential and whether arising from negligence or otherwise) arising from any act or omission of his during the performance of his employment or other duties. All officers and employees of the Company from time to time shall be entitled to the benefit of the exemptions, limitations, terms and conditions in the Contract, and for this purpose only the Company enters into the Contract as their agent.
8. PROPRIETARY RIGHTS
All copyright, trade secret and other proprietary and intellectual property rights in the Goods shall at all times as between the Buyer and the Company remain vested in the Company, and the Buyer shall not acquire any intellectual property rights or licence relating to the Goods and may not copy or imitate the Goods. These provisions shall survive termination of the Contract.
9. TERMINATION OF THE CONTRACT
9.1. The Company shall have the right to terminate the Contract immediately without affecting its accrued rights by giving notice to the Buyer if:
(a) the Buyer should commit any continuing or serious breach of any Contract between them and fails to remedy such breach (if remediable) within 10 working days of the Company's notice to do so; or (b) the Company learns or believes upon reasonable grounds that any of the following events has occurred, or is likely to occur:
(i) the Buyer has a petition presented against it or its assets for the appointment of an administrator or for its winding-up;
(ii) a Receiver or Administrative Receiver is appointed with respect to the Buyer or its assets;
(iii) distress or execution is levied against any of the Buyer's assets and is not paid or discharged within seven days or a judgement against the Buyer remains unsatisfied for more than seven days;
(iv) a winding-up petition is presented against a Buyer or a resolution passed for the Buyer's winding-up (otherwise than for purposes of amalgamation or reconstruction);
(v) the Buyer suspends payment of its debts or is deemed unable to pay its debts under section 123 Insolvency Act 1986;
(vi) any event in a foreign jurisdiction analogous to, or comparable with, (i) to (v) above;
(vii) the Buyer refuses or is unable to meet sums due to the Company when such sums fall due; or
(viii) the Buyer ceases to carry on business as a going concern or ceases to be in a position to fulfil any contract with the Company.
9.2. On termination of the Contract for any reason:
(a) the Company shall be discharged from any further liability to perform under any contract with the Buyer;
(b) the Buyer shall forthwith pay the Company for all unpaid invoices whenever due and payable; and
(c) the Buyer's right to possession of the Goods in which the Company retains legal and beneficial title shall terminate and the Company may exercise its right to repossess under condition 3.8.
10.1. The Contract in all respects shall be governed by English law. The parties irrevocably submit to the non-exclusive jurisdiction of the English courts.
10.2. The construction of the Contract is not to be affected by any heading.
10.3. The provisions of these Conditions are in addition to and do not affect the Buyer's statutory rights as a consumer.
10. 4 Notices may be given to:
(a) a body corporate by being handed to a Director;
(b) an individual or a body corporate by being sent to the party's address or by facsimile, telex or registered first class post and by airmail where appropriate. Each party shall promptly notify any change of address to the other in writing.
10.5. No waiver by the Company of a breach of any of these Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other condition.
10.6. Neither party shall be liable in any way for any failure to perform its obligations or for loss, damage or delay incurred by the other party resulting from circumstances beyond the defaulting party's reasonable control.
10.7. The Buyer shall indemnify the Company against all reasonable fees, costs and other expenses incurred by the Company in enforcing the Contract.
10.8. If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected thereby.
Third Party Rights
10.9. A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
11. OFFERS AND DISCOUNTS
11.1 Promotional vouchers have no monetary value and cannot be redeemed for cash.
11.2 The 'Discover' voucher code is valid until the 4th March, 2015. Please note: that only one voucher per customer can be redeemed and this voucher cannot be used in conjunction with any other offers. Only available online when you spend over £49.00.
11.3 Products from the I Love Art range are not discountable because they already have the lowest price and the unconditional price match guarantee.
11.4 Friday 13th Offer: * Offer valid online from Thursday 12th 6pm to Friday 13th midnight. This promotion cannot be used in conjunction with any other offers, or with the I LOVE ART range. We will refund the value of every 13th order placed online (to a maximum of £75) by directly returning the monies on to the card the payment was made with. Every customer will receive 13% off their 13 most expensive items.
11.5 *All offers unless specified cannot be used in conjunction with any other offers, Gift Vouchers or with the I Love Art range. Please note that Scottish Isles and Highlands, Isle of Wight, Isle of Man, Northern Ireland and Channel Islands will still need to pay an additional charge of £5.
11.6 The Birthday promotion cannot be used in conjunction with any other offers, or with the I Love Art range.
11.7 *Artist & Illustrator Prize Draw. £5 off when you spend £40 or more. Offers valid online until midnight Sunday 31st October. Please note that Scottish Isles and Highlands, Isle of Wight, Isle of Man, Northern Ireland and Channel Islands will still need to pay an additional charge of £5. This promotion cannot be used in conjunction with any other offers, or with the I Love Art range.
11.8 Items offered as a 'Free Gift' are only available while stocks last. No substitutions will be made. Gifts cannot be exchanged for goods or cash.
11.9 Special offers, discounts or vouchers (such as Birthday offer for instance) are never available on products already discounted and products from the I Love Art range.
12. GIFT VOUCHERS
12.1 Gift Vouchers don't contribute towards the value of an order with regard to delivery.
12.2 Cannot be brought in conjunction with any other offers or discounts.
13. The GreatArt Postcard Challenge 2014
One entry per person. The 3 winning entries will be selected by the specified panel of judges and GreatArt. Judges decision is final. Only physical entries received at Normandy House, 1 Nether Street, Alton, Hampshire, GU34 1EA and completed on an I Love Art Postcard or a support size of 10.5x14.8mm will be considered. To be eligible to win you must be a resident of the United Kingdom. Closing date for entries is 30.07.14. Prizes, vouchers and materials cannot be exchanged for cash or transferred. Winners shall be notified by email.Images of the entries maybe reproduced and used for promotional purposes relating to the GreatArt Post Card Competition. GreatArt will return entries to the included postal addresses follow the judging in August 2014.
£250 worth of pre-selected art materials from the GreatArt range
£500 worth of gift vouchers to spend at GreatArt
A 12 month free standard membership to bgallery including online gallery space
A 5 day painting holiday in Cornwall with artist Ashley Hanson. The holiday includes:
- 5 nights accommodation in a single room of a shared, self catered cottage, 22nd -27th September. - 4 full days tuition, including 2 days on location and 2 days working in a studio
- All lunches and a three-course celebratory evening meal
An interview and feature in the GreatArt online magazine
An interview and feature in the GreatArt magazine November 2014 to promote the winning postcard design.
The winner and winning design will also be announced in an email campaign to the GreatArt database
£150 worth of pre-selected art materials from the GreatArt range
£300 worth of gift vouchers to spend at GreatArt
£50 worth of pre-selected art materials from the GreatArt range
£100 worth of gift vouchers to spend at GreatArt
2nd and 3rd place prize winners will also receive a mention in the GreatArt email, print and online features.
14. Your GreatArt Monthly Competitions
14.1 Competition Rules:
‘Your GreatArt Monthly Competitions’ are organized by GreatArt, registered office at GreatArt / Gerstaecker UK Ltd, Normandy House, 1 Nether Street, Alton, GU34 1EA. The competitions are free to enter and will be held once a month with a pre-determined number of prizes available each month. Entry deadlines will be confirmed at the start of each competition. The operation is available via the pages: https://www.facebook.com/MyGreatArt/
Maximum of 3 entries per person per month. To be eligible to win you must be a resident of the United Kingdom.
Entries should meet the indicated criteria and must be uploaded to the gallery by image file from your computer, tablet or smartphone. Image can also be uploaded from twitter and Instagram using hashtag #YourGreatArt
The entry/entries with the largest number of votes will be selected to win prizes as detailed. Entries and votes will only be accepted up until midnight on the indicated deadline date.
Each participant may vote up to 5 times per day. They may only vote once for each individual entry.
14.2 How to Participate:
14.3 Conditions for Participation:
14.5 Limitation of Liability and Personal Data:
Registered in England: No 4266620
Registered office: Normandy House, 1 Nether Street, Alton, GU34 1EA
VAT No: 780 883882