TERMS AND CONDITIONS
(Reviewed: 26th June 2008)


Access to and use of this website is subject to the terms and conditions set out hereafter to the exclusion of all other terms and conditions which the Buyer may purport to apply under any purchase order confirmation or other similar document. By accessing and using this Website you agree to be bound by these terms and conditions. All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these conditions and acceptance of delivery of the goods shall be deemed as conclusive evidence of the Buyers acceptance of these conditions. Any variation to these terms and conditions (including special terms and conditions agreed between the parties) shall not be applicable unless agreed in writing by the seller. These terms and conditions of business will be governed by the laws of England and shall have world wide effect; the language used shall be UK English.


Please make all communications with us in English


On this website every attempt has been made to give accurate information about each product, but please note that sizes stated are approximate. Product images are for illustrative purposes only and may differ from the actual product. Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. In addition to the price, you may be required to pay a delivery charge for the goods. We reserve the right to amend the product prices without notice.


NO Consent is given to download, copy, modify, reproduce or republish any of the images, graphics or material content in full or in part unless you have been given the express permission to do so by the copyright holder concerned. All Limited Editions sold from this website are authorised, signed and numbered and all Non-Limited Editions sold from this website are authorised and signed. Any Limited Edition not signed or numbered or any Non-Limited Edition not signed shall be deemed as an illicit copy and has absolutely no monetary value.

OUR TERMS AND CONDITIONS OF BUSINESS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER


MAKING A PURCHASE

Just browse and select the items you are interested in purchasing and add them to your basket. When you have completed your selection follow the instructions to email your basket to us. We will then contact you to discuss any further details relevant to your order, any shipping costs and payment details.


Please note that no contract exists between the parties until The Studio In The Yard has received your order and we have acknowledged our acceptance of it in writing. Furthermore, the acceptance of an order is entirely at the discretion of The Studio In The Yard and there is no obligation on our part until we have acknowledged your order in writing. In spite of delivery having been made, all goods, and title to those goods, remain the property of THE STUDIO IN THE YARD until full payment (including carriage and taxes if applicable) has been received.


Payment

We will accept payment by any of the following methods: Credit Cards - Visa; MasterCard; American Express; Wire Transfers; Cheque or Bankers Drafts. Payment shall be due before the delivery date stated on the order acknowledgement and funds must be cleared prior to despatchment of the order. Any breach of this condition shall entitle us to cancel the contract immediately.


There will be no delivery until cleared funds are received.

The Studio In The Yard is not registered for VAT. Any orders delivered outside the UK may be subject to taxes or import duties and will be the responsibility of the purchaser.




Security

Credit card transactions are handled securely by specialised payment processors. They comply with the Payment Card Industry (PCI) Data Security Standards (DSS) and are externally audited in this respect.

No credit card details are held on our web site.


DELIVERY

We aim to despatch framed and unframed print orders within seven working days of your payment being cleared. PLEASE NOTE we will not process your payment for the order until the order is assembled. The goods you order will be delivered to the address you give when you place your order.

Note that cross-border shipments may be subject to opening and inspection by Customs authorities. Payment of taxes and/or import duties on orders delivered outside the UK will be the responsibility of the purchaser. Orders will be despatched using either registered post or courier and will need to be signed for when delivered. We will notify you of the dispatch date. Every care has been taken to ensure that your order arrives in good condition, however, if the package does not appear to be in good condition and then please refuse the delivery.


PLEASE OPEN YOUR ORDER CAREFULLY failure to do so may affect any claim that you make thereafter (See Returns Section). The goods are at your risk from the time of delivery.

Certificates, books and background stories (where applicable) will be sent under separate cover.


Unframed Orders: Postage and Packing Charges on Unframed Orders delivered within the UK.

The current charge is £10.00.


Postage and Packing Charges on Unframed Orders delivered outside the UK.

The postage and packing charge for sending these items will be calculated and notified to you before the order is accepted.


Framed Orders: Postage and Packing Charges on Framed Orders delivered within the UK.

The postage and packing charge for sending these items will be calculated and notified to you before the order is accepted.


Postage and Packing Charges on Framed Orders delivered outside the UK.

The postage and packing charge for sending these items will be calculated and notified to you before the order is accepted.


Events Beyond our Control

If delivery cannot be made to the address supplied for reasons outside of the control of The Studio In The Yard we will inform you as soon as possible. Every effort will be made to deliver the goods to the address supplied within the times set out in these Terms and Conditions. However, time of delivery not being the essence of the contract, The Studio In The Yard shall not be liable for any loss or damage whatever due to our failure to deliver the goods (or any part of them) promptly or at all. In the event of a claim, the sole obligation of The Studio In The Yard in respect of remedial action shall be limited to repair and/or replacement of the goods supplied. The Studio In The Yard accepts no liability whatsoever for any consequential loss in connection with the Products supplied.




The Studio In The Yard will inform you of any delay as soon as possible and will give you the option of cancelling your order prior to despatchment of the goods.



Force Majeure

Notwithstanding any other provision of these terms and conditions, neither party will be liable to the other for any delay in performance or the non performance of any of its obligations to the extent that the delay or the non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation will be extended accordingly.



GUARANTEE/RETURNS/CANCELLATIONS

We feel sure that you will be delighted with your purchase. However, if your purchase does not meet with your approval you have 7 days from the day of delivery to contact and inform us of the arrangements you are making to return the item at your own cost. Please arrange to return the art work by the same method of delivery as it was originally sent to you and using the same packaging. In the case of framed prints the returned item will need to be insured for transit. On receipt of the returned item we will issue a refund of the value of the returned item within 30 days.

On opening your order in the unlikely event that the art work should prove to be damaged please contact us immediately to arrange returning the item to us. Once we have verified the damage we will contact you and either refund (including reasonable returns costs) or replace the item free of charge within 30 days.

This does not affect your statutory rights as a consumer. These guarantees do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party after delivery.


TAX AND VAT

The Studio In The Yard is not registered for VAT.

Any orders delivered outside the UK may be subject to taxes or import duties and will be the responsibility of the purchaser.


PRIVACY AND PERSONAL DATA

Personal details which you give us via this website may be held and processed by us in accordance with the provisions of the Data Protection Act 1998. We may use this information to inform you of any products and services provided by or on behalf of The Studio In The Yard. We will not pass any of this information onto a third party.

Credit card transactions are handled securely by specialised payment processors. They comply with the Payment Card Industry (PCI) Data Security Standards (DSS) and are externally audited in this respect.

No credit card details are held on our web site.


LINKS TO OTHER WEBSITES

The Studio In The Yard makes no representation about any other website which you may access through this one. The Studio In The Yard has no control over the content of any website that is independent from The Studio In The Yard. In addition, a link to any other website does not imply that The Studio In The Yard endorses or accepts any responsibility for the content or use of such a website or link.


COPYRIGHT, GOVERNING LAW AND JURISDICTION

The website design is copyright of: The Studio In The Yard

Website Developed by: Action Development www.ActionDevelopment.ca .
All images are copyright of Thomas J Burnell unless otherwise stated. All other material content is copyright The Studio In The Yard unless otherwise stated.


You may not download, copy, modify, reproduce or republish any of the images, graphics or material content in full or in part unless you have been given the express permission to do so by the copyright holder concerned. Contact details are given on our contact page. The failure of the copyright holder to exercise or enforce any of their rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future. These Terms and Conditions shall be governed by the laws of England and the parties agree to submit to the jurisdiction of the English Courts, such jurisdiction to be exclusive, save for the infringement of copyright or non-payment of our invoices where it will be non-exclusive.

All Limited Editions sold from this website are authorised, signed and numbered and all Non-Limited Editions sold from this website are authorised and signed. Any Limited Edition not signed or numbered or any Non-Limited Edition not signed has absolutely no monetary value.


CONTACT US

If you need to reach us please email us on enquiries@studiointheyard.com