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Terms and Conditions

Background:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, jamesstewart.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

  • “Contract” means a contract for the purchase and sale of Goods, as explained in Clause 7;
  • “Goods” means the goods sold by Us through Our Site;
  • “Goodwill Guarantee” means the goodwill guarantee offered by James Stewart of 2 Higher Weeke Hill, Dartmouth, Devon TQ6 0JT, which exists to enhance the legal rights of Our customers to change their mind and return Goods to Us;
  • “Order” means your order for Goods;
  • “Order Confirmation” means our acceptance and confirmation of your Order;
  • “Order Number” means the reference number for your Order; and
  • “We/Us/Our” means James Stewart of 2 Higher Weeke Hill, Dartmouth, Devon TQ6 0JT.

 

2. Information About Us

2.1 Our Site, jamesstewartart.co.uk, is owned and operated by James Stewart whose main trading address is 2 Higher Weeke Hill, Dartmouth, Devon TQ6 0JT

3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions

4.1 Consumers may only purchase Goods through Our Site if they are at least 13 years of age. If they are below 16 years of age they should have the permission and guidance from a parent or guardian when making purchases on Our Site.

5. International Customers

5.1 We will sell and ship Orders to customers worldwide subject to local laws and jurisdictions in force within your delivery location. We may not be able to ship Orders to certain geographical locations where Our delivery partners do not provide delivery services.

6. Goods, Pricing and Availability

6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:

  • Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
  • Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and
  • Due to the nature of the Goods sold through Our Site, there may be small variances in the measurements of those Goods between the actual Goods and the description.

6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).

6.3 We cannot guarantee that Goods will always be available. Accurate stock numbers are provided on Our Site, if an item is out of stock, we’ll endeavour to mark this clearly on Our Site where applicable.

6.4 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.

6.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.

6.6 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of this in writing.

6.7 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

6.8 For deliveries to addresses within the UK, delivery charges are are included in the item price. Deliveries to addresses outside of the UK are not included in the price of Goods displayed on the product pages of Our Site. If you would like delivery to an address outside of the UK, please contact Us via the contact form at jamesstewartart.co.uk/#contact/ to be advised on the cost of delivery to your address.

7. Orders – How Contracts Are Formed

7.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.

7.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance of your Order is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

7.4 Order Confirmations shall contain the following information:

  • your Order Number;
  • confirmation of the Goods ordered including full details of the main characteristics of those Goods;
  • fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
  • your billing and shipping addresses;

7.5 We may also include a paper copy of the Order Confirmation with your Goods.

7.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

7.7 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods. If it is not possible to issue a refund this way, we will contact you to offer another payment method to issue your refund.

8. Payment

8.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.

8.2 We accept the following method of payment on Our Site:

Paypal; You can pay via credit card if you don’t have a Paypal account.

9. Delivery, Risk and Ownership

9.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 13).

9.2 If We are unable to deliver the Goods on the delivery date, the following will apply:

  • If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, Our delivery agent will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
  • If you do not collect the Goods or rearrange delivery within the time indicated by the delivery agent, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.

9.3 If you do not wish to cancel under sub-Clause 9.2, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

9.4 You may cancel all or part of your Order under sub-Clauses 9.2 or 9.3 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days. Please note that if any cancelled Goods are delivered to you, you must return them to Us.

9.5 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.

9.6 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

9.7 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods. If it is not possible to issue a refund this way, we will contact you to offer another payment method to issue your refund.

10. Faulty, Damaged or Incorrect Goods

10.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us via Our contact form at https://jamesstewartart.co.uk/ as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund or replacement. Your available remedies will be as follows:

  • Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
  • If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement of the Goods. We will bear any associated costs excluding any delivery charges incurred for sending items back to Us and will replace the Goods within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you the alternative of a full refund.
  • If, after a replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
  • If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
  • Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.

10.2 Please note that you will not be eligible to claim under this Clause 10 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 10 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period, which is further supplemented by Our Goodwill Guarantee, bringing it to a total of 30 calendar days] within which you can return Goods for this reason. Please refer to Clause 11 for more details.

10.3 To return Goods to Us for any reason under this Clause 10, please contact Us via Our contact form at https://jamesstewartart.co.uk/#contact/ to arrange to return your Goods. We will be fully responsible for the costs of returning Goods under this Clause 10 and will reimburse you where appropriate.

10.4 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

10.5 Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.

10.6 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods. If it is not possible to issue you a refund this way, We will contact you to offer an alternative payment method to issue your refund.

10.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Cancelling and Returning Goods if You Change Your Mind

11.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.

11.2 In addition, We offer a further Goodwill Guarantee which extends the legal cooling-off period within which you may change your mind, cancel, and return the Goods as detailed below.

  • If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods. Our Goodwill Guarantee extends this period to a total of 30 calendar days.
  • If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods. Our Goodwill Guarantee extends this period to a total of 30 calendar days.

11.3 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling-off period (as extended by Our Goodwill Guarantee). You may by contacting us via our contact form at https://jamesstewart.co.uk/#contact/. Cancellation by email is effective from the date on which you send Us your message. In each case, providing Us with your name, address, email address, telephone number, and Order Number.

11.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however, please note that you are under no obligation to provide any details if you do not wish to.

11.5 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 11.

11.6 You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address at 2 Higher Weeke Hill, Dartmouth, Devon TQ6 0JT. Please contact Us at via Our contact form at https://jamesstewart.co.uk/#contact/ to arrange to return your Goods to Us. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 11.

11.7 Refunds under this Clause 11 will be issued to you within 14 calendar days of the following:

  • The day on which We receive the Goods back; or
  • The day on which you inform Us (supplying evidence) that you have sent the Goods back if this is earlier than the day on which We receive the Goods back.

11.8 Refunds under this Clause 11 may be subject to deductions in the following circumstances:

  • Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).
  • If a refund is issued to you under this Clause 11, you will receive a full refund of any delivery charges (including, where relevant, premium delivery).
  • We are required by law to reimburse standard delivery charges (or the equivalent) only. Under Our Goodwill Guarantee We will also reimburse premium delivery charges, however, please note that for some deliveries outside the UK, We may only be able to refund the standard delivery charges.

11.9 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods. If it is not possible to issue you a refund this way, We will contact you to offer an alternative method to issue your refund.

12. Our Liability to Consumers

12.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

12.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

12.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

12.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

13. Events Outside of Our Control (Force Majeure)

13. 1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

  • We will inform you as soon as is reasonably possible;
  • We will take all reasonable steps to minimise the delay;
  • To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
  • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
  • If the event outside of Our control continues for more than 6 months We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
    If an event outside of Our control occurs and continues for more than 6 months and you wish to cancel the Contract as a result, you may do so in any way you wish. If you would prefer to contact Us directly to cancel, please use the following details:
  • Via Our contact form at https://jamesstewart.co.uk/#contact/
  • Post: 2 Higher Weeke Hill, Dartmouth, Devon TQ6 0JT.
  • In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.

14. Communication and Contact Details

14.1 If you wish to contact Us with general questions or complaints, you may contact Us via Our contact form at https://jamesstewart.co.uk/#contact/ or by post at 2 Higher Weeke Hill, Dartmouth, Devon TQ6 0JT.

14.2 For matters relating the Goods or your Order, please contact Us via Our contact form at https://jamesstewart.co.uk/#contact/ or by post at 2 Higher Weeke Hill, Dartmouth, Devon TQ6 0JT.

14.3 For matters relating to cancellations, please contact Us via Our contact form at https://jamesstewart.co.uk/#contact/ or by post at 2 Higher Weeke Hill, Dartmouth, Devon TQ6 0JT.

15. Complaints and Feedback

15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

15.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

In writing, addressed to 2 Higher Weeke Hill, Dartmouth, Devon TQ6 0JT;
Via Our contact form at https://jamesstewart.co.uk/#contact/.

16. How We Use Your Personal Information (Data Protection)

16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

16.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy at https://jamesstewartart.co.uk/privacy-policy/.

17. Other Important Terms

17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

17.2 You may not transfer (assign to another person) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

17.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

17.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

17.5 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.

18. Law and Jurisdiction

18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.

18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales, or as determined by your residency.

18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England & Wales.

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