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We want you to enjoy your purchase so if you have any pre-purchase questions please email us in the first instance sales@artbyfive.co.uk and the artist concerned will contact you.
This web site is provided to you free of charge for your personal use subject to the following terms. By using this web site you agree to be bound by these terms.
In these terms:
"Goods" or "Paintings" means the works of art offered for sale by us on this web site and the subject of the order made by you.
"You" means the person ordering goods from us.
"We" or "us" or "seller" means one or more of the following:
Chris Miles, 5 Scarles Croft, The Tye, East Hanningfield, CM3 8AF, UK
Peter Masterson, Fambridge House, Franklin Road, North Fambridge, CM3 6NF, UK
Dave Mallett, 1 Willow Hall Cottage, Old London Road, Woodham Walter, Maldon, CM9 6SE, UK
Rob Mallett, Chassenay, 16500, Lessac, France
Chris Pearson, Le Mars Noyer, Chalais, 16450, St. Claud, France
Art by Five is not registered for value added tax.
Invitation
This web-site invites you to buy works of art from us. A legally binding contract between you and the individual artist or artists for the sale of any goods will only arise when the seller has received payment for the goods in full from you and accepted your order by despatch of the goods. By entering into this contract you agree to be bound by our terms and conditions. Receipt of your order from this web site will be acknowledged by email to the e-mail address given by you on the order form.
Descriptions
Actual colours will vary slightly from the illustrations you see on this site. We have no control over the colour settings on your computer.
Except by prior arrangement with the originating artist all paintings are supplied unmounted and unframed.
Packaging will vary according to the medium or media used in the painting.
Prices and guarantees
All goods offered on this site are unique. All prices include Value Added Tax at the current rate and delivery charges for the UK and France are included in the prices quoted. Conditions for trade customers are available on request. Delivery to other addresses may incure an additional charge.
Delivery
Unless you are notified in advance to the contrary delivery will be to the address you have provided on the order form within fourteen working days after you have placed your order or clearance of your cheque if applicable and in any event within 30 days of the day after your order was placed, or after the clearance of a cheque, unless a later date is agreed by you.
A working day is deemed not to include a Saturday Sunday or Public holiday.
Ownership of and responsibility for the goods will pass to you once they have been paid for and delivered to you.
Our right to cancel
We reserve the right to cancel your order if the painting or paintings you have ordered are no longer available, one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information made by us.
If the painting or paintings you order are no longer available we will notify you as soon as possible and offer a suitable alternative or to cancel your order.
If we do cancel your order we will notify you by e-mail or in writing, whichever is appropriate, and will credit to your account any sum deducted by us from your debit or credit card or by return cheque, whichever is appropriate, as soon as possible but in any event within 30 days of your order. You will not be entitled to any additional compensation for disappointment suffered.
Your right to cancel
We are sure you will enjoy your purchase but if you change your mind you may cancel your order in writing to the seller at the address for the artist listed above within seven days after the day following delivery.
Following such notice you may at your own expense (except where goods are faulty) return to us any goods delivered to you. Provided the goods are received back by us unused, in new condition and in the seller's original packaging by a recorded delivery service you will receive a full refund of the purchase price. Under no circumstances will refunds be made where paintings sent to you on a “stretch frame” have been removed from that frame. The goods you return are your responsibility until received by us so we strongly recommend that you buy suitable insurance to cover the transit.
If you fail to return the goods at your own expense (except where goods are faulty) including any insurance costs we will be entitled to deduct our costs incurred in recovering them from you from your refund amount. Refunds will be made within thirty days of receipt of your written notice.
Payment
By placing an order you authorise the seller to process a credit card, debit card or charge card payment for the total sale amount. All pricing is in Pounds Sterling (British Pounds) and transactions are completed in Pounds Sterling (British Pounds) Prices shown on the site in Euros or US Dollars are for guidance only – the actual payment which will appear on your credit card or bank statement will differ from these guide prices.
Events outside our control
We shall have no liability to you for any failure to deliver goods you have ordered or for any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, third party default, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Third Party rights
Except for our employees or representatives, a person or party not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any part of these terms and conditions. This does not affect any right or remedy of a third party that exists or is available apart from that Act.
Invalidation
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Applicable Law
In any case of dispute the Courts of England shall have jurisdiction and all matters shall be settled in accordance with English law.
Trade customers
Separate and different terms and conditions apply to “trade” customers and details are available on request.
