Terms and Conditions
Terms and Conditions for the Use of this Site (Scroll Down)
Please read these terms and conditions carefully. They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
These terms and conditions apply to the usage of the Charlfred Fine Art website, any private sales, and all sales at Charlfred Fine Art, either at any exhibition events or through its website. You shall be responsible for reading and understanding these Terms & Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
1.1 Please read these terms and conditions carefully before using the website operated by Charlfred Fine Art (‘Charlfred Fine Art,' ‘our', ‘we' or ‘us'). In particular, we draw your attention to clauses 11 (Applicability of online materials) and 15 (Liability). By clicking on the ‘I Accept' button you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
1.2 If you do not wish to be bound by these terms and conditions then you may not use our website.
- Nature of our website
2.1 Our website is a place for you to select and order fine art, together with frames and glass (the ‘Products'). Our website describes the Products in more detail.
2.2 Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over eighteen (18) years to purchase the Products, using the payment method displayed on our website.
- Buying Products on our website
3.1 To order a product you will need to follow the ordering procedures set out on our order page. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our website.
3.2 Any times or dates stated on our website for delivery are estimates only. Charlfred Fine Art will make all reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time.
3.3 You must pay by credit or debit card at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. The prices are exclusive of delivery costs and inclusive of applicable taxes, but not of any customs or import duties which may be payable by you.
3.4 Charlfred Fine Art is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation') to the email address you have given us on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within thirty (30) days.
3.5 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
4.1 If your order cannot be fulfilled you will be offered an alternative or given a full refund. Should you wish to withdraw your offer to purchase from us prior to despatch, you must notify us of this fact in writing and we will offer you an alternative or give a full refund. We recommend you keep all original packaging for a few days after receiving a delivery just in case you need to return Goods.
In the unlikely event that you are not completely satisfied with your new purchase, please contact us within 72 hours. You may carefully return goods in their original condition and packaging within 7 working days of delivery for a refund. In the unlikely event that the Goods received are faulty, incorrect or damaged in transit, please contact us within 72 hours, stating the nature of the defect to packaging and/or contents. We would ask you to send the Goods back to us within 7 working days, securely wrapped incorporating the original packaging and we will reimburse you the cost of the postage - postal receipt must be supplied.
If we agree that the Goods returned to us are indeed defective, we shall, at your option: (i) deliver replacement Goods of similar quality and specification, no delivery charge (ii) arrange for a full refund, providing that the Goods were faulty, incorrect or damaged in transit when sent to you, and have not been subsequently modified or subject to misuse or negligence. A refund of any monies paid will be made only for goods that are returned to us. All returns must be in 100% re-saleable condition. We cannot be held responsible for goods damaged in transit when returning to Charlfred Fine Art, we regret that a full refund cannot be issued. Delivery charges are non-refundable, except when returning goods that are faulty or damaged.
(a) the Product delivered is not what you ordered, or does not correspond with its description; or
(b) the Product delivered is not of a satisfactory quality Charlfred Fine Art will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
4.3 If you have any complaints, you should direct them to us via email at email@example.com or by post at 21 Highbury Park, Exmouth, East Devon EX8 3EJ.
- Specification of goods
A Certificate of Authenticity is supplied with every Limited Edition print. Dimensions are given as an approximate guide only. Other dimensions, such as external mount or frame size, are available on request.
Every care is taken to describe and illustrate the products and services accurately. Colours are shown within the limitations of the printing process/ individual monitor settings and actual colour may vary. We reserve the right to alter the design specification or price of any item listed or illustrated in the price list, brochure or publicity material without prior permission. Occasionally, there may be a slight variation to mounts and/or frame moulding depicted in the catalogue, but be assured that the quality and aesthetics are always our priority.
- Gift wrapping service
This service is available to UK Mainland customers only. Charges apply and are subject to change. Gift wrapping service includes: mounted or framed print wrapped in gift wrapping paper with a supplied blank gift tag, decorated with ribbon & bow. Gift tag can be personalized by providing us with your message (complete appropriate section of the order form) and we will include this message on the gift tag. Occasionally, there may be a variation to wrapping paper, ribbon and/or gift tag but be assured that quality is always our priority. Gift-wrapped orders can be sent to another address, providing it is a UK Mainland address and a signature can be obtained on delivery.
Please allow 14 working days for delivery to a UK Mainland address and 28 working days for all other areas, including overseas. Working days are Monday - Friday, not including Saturdays, Sundays and Bank or Public Holidays.
Delivery timescales are given as an approximate guide. We cannot be held responsible for delays in delivery beyond our control. We are not liable if orders are lost in the post. Goods shall be at the Buyers risk from delivery. You can specify for your order to be sent to another address, providing a signature can be obtained on delivery. Receipt of a signature at the delivery address will be proof that the order has been delivered.
Unmounted prints are carefully flat packed, mounted and framed prints are packaged into heavy-duty cardboard boxes. Postage and packing is included in the price when being sent to a UK Mainland address.
Delivery Charges (per item):
USA & Canada
Rest of World
For delivery purposes:
Europe: UK Offshore, Scottish Highlands, Republic of Ireland, Austria, Belgium, Denmark, Faroe Islands, Finland, France, Germany, Iceland, Italy, Liechtenstein, Luxembourg, Monaco, The Netherlands, Norway, Portugal, Russia, Spain, Sweden, Switzerland, Gibraltar, Greece, Greenland, San Marino. North America: Canada and the United States of America, Alaska. Rest of World: Delivery destinations that are not listed above as being in the UK, Europe or North America are classified as Rest of World. Countries includes: Japan, China, India, Australia, New Zealand, South Africa, Mexico, Chile, etc.
We are happy to send mounted prints Worldwide, however due to insurance reasons it is not possible for us to despatch framed prints or original paintings outside the UK Mainland. Delivery charges are non-refundable, except when returning goods that are faulty or damaged.
- Modifications to website
8.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content or the sale of new Products shall be subject to these terms and conditions.
8.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
- Information you provide to us
9.1 The following applies to any information you provide to us, for example during any registration or ordering process.
(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies').
9.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at firstname.lastname@example.org
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify Charlfred Fine Art immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
- Applicability of online materials
11.1 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
11.2 Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
11.3 We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
11.4 Charlfred Fine Art makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Charlfred Fine Art accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
- Copyright and monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Charlfred Fine Art, its affiliates or other third party licensors. All products and Charlfred Fine Art logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with Charlfred Fine Art or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
- Linked sites
Charlfred Fine Art make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Charlfred Fine Art and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Charlfred Fine Art endorses or accepts any responsibility for the content, or the use of, such a website and Charlfred Fine Art shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
- Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
15.1 We promise that for any Product you purchase from our website:
(a) we have the right to sell the Product to you;
(b) the Product will correspond with the description we have given to you; and
(c) the Product will be of satisfactory quality.
Subject to this, however, Products are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. We also promise that any service we provide to you will be provided with reasonable skill and care.
We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website.
We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
15.2 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Charlfred Fine Art or our servants, agents or any other person or entity.
15.3 If we are liable to you for any reason, our liability will be limited to two times the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
15.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
15.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
16.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 16.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
16.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
16.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
16.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
16.6 Except in respect of a payment obligation, neither you nor Charlfred Fine Art will be held liable for any failure to perform any obligation to the other due to causes beyond your or Charlfred Fine Art's respective reasonable control.
16.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
16.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
17.1 All notices shall be given:
(a) to us via email at email@example.com or by post at 21 Highbury Park, Exmouth, East Devon EX8 3EJ; or
(b) to you at either the email or postal address you provide during any ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products.