TERMS & CONDITIONS
www.darrengoad.com (the Website) is a venue which enables you to buy unique artwork from Artists, as facilitated by us, The Art of Darren Goad.
By using the website and placing an order the Buyer (referred to as “you” in these Buyer Terms and Conditions) are in agreement of with our terms and conditions and therefore have entered a legally binding agreement with The Art of Darren Goad (referred to as “we” “our” “us” or “company” (referred to as “you” in these Buyer Terms and Conditions).)
The Website User Terms and Conditions form part of these Buyer Terms and Conditions. For your ease we have included the definitions within these Buyer Terms and Conditions.
(1) “The Art of Darren Goad Services” means the services we supply by providing the Website, allowing Artists to advertise Artwork on the Website, bringing Buyers and Artists together, using the Website, and facilitating orders.
(2) “Artist” means any person and/or organisation who displays Artwork for sale on the Website.
(3) “Artwork” means the pieces of art/artwork/products which a Buyer agrees to buy from the Artist using the Website, including Commissions and Made to Order, as described in the individual listing on the Website.
(4) “Buyer” means the person and/or organisation who uses the Website and may buy Artwork.
(5) “Commissions” is Artwork supplied according to the Buyer’s requirements so the Buyer may choose, for example, a subject matter or colour variations, for example, a painting from a photograph. However, the Buyer must bear in mind that Artwork is a personal choice and must be clear if the Buyer has any specific requirements. Unless otherwise agreed, commissions require a non-refundable 50% deposit to be paid in advance with the balance payable once the Buyer has approved the images.
(6) “Consumer” shall have the meaning ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
(7) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
(8) “Made to Order'” is Artwork which is painted/made for the Buyer based on an original piece of artwork which the Buyer likes. They will be similar to the original but, because of their very nature, will have variations in the design and colour, and no two paintings will be exactly the same in appearance. Made to Order Artwork will not be an exact replica of the original.
(9) “Mainland UK” includes many delivery addresses in England, Wales, N Ireland and mainland Scotland but does exclude some postcodes. Please contact us and confirm those excluded postcodes prior to ordering.
(10) “Order confirmation” means the email confirming the Buyer’s order and will confirm such details as what the Artist has agreed to supply, the price and expected delivery/supply date.
(11) “Standard Delivery” means a method of delivery within Mainland UK, using a carrier approved by us, which is insured to at least to the value of the sale price for the Artwork being sent and for which the carrier obtains a signature upon delivery to show receipt.
(12) “Terms and Conditions” means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed in writing by us.
(13) “Upload onto the Website” means any submission or post, including any Artist’s information regarding any Artwork for sale, in any format, including any post, content or anything whatsoever which a user uploads or provides to us for upload and subsequently appears and can be viewed on the Website. This includes taking part in any available feedback, review, discussion, forum etc.
(14) “User” or “you” means anyone using and/or visiting the Website for any purpose including, but not limited to, Buyers and Artists.
(15) “We”, “Us”, means the organisation who supplies and owns this Website, Darren Goad, whose registered address is at 204 Leahurst Road, London, United Kingdom.
(16) “Website” means the website and all content at www.darrengoad.com
(17) “Working Days” means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.
(1) These Terms and Conditions (which also include our Website User Terms and Conditions apply the use of the Website and purchase of Artwork and prevail over any other agreement, documentation or communication whatsoever between us and can only be varied if agreed between us in writing. Any special conditions which apply will be set out in the Order Confirmation.
(2) Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.
(3) From time to time we may change these Terms and Conditions and it is your responsibility to check the Terms and Conditions which apply as at the time of your order. We also advise you print these terms as soon as you have placed your order.
(4) Any queries must be in writing to the address stated in Clause 1(15).
3 THE ARTWORK
(1) Responsibility for Sales and Artwork - We are a venue which enables you to buy unique artwork from Artists, using the Website which is owned and operated by us, Art of Darren Goad. These Terms and Conditions incorporate all of the policies on the Website.
(2)(a) Details of the Artwork for sale are displayed on the Website and primarily provided by Artists who understand that they must comply with the law and provide details about the Artwork, but if you need any other information or you have any queries you can contact the Artist directly using the “contact the artist” form available on the Website or email us before placing your order.
(b) Any quotes will be valid for a period of 14 days. Any specification, descriptions or Artwork details in any format or any form of advertising material are shown by us to provide some indication of the Artwork and are not part of any agreement unless specifically stated within the Order Confirmation.
(3)(a)(i) You can place an order for an Artist by following the Website guidance. Artists reserve the right not to accept orders for any reason.
(ii) Once your order has been accepted you will be provided with an Order Confirmation email
(b) Details of the Artwork which we will be supplied to you are contained within the Order Confirmation. Only the Artwork as detailed in the Order Confirmation is included. Since you are buying directly from the Artist, the Artist will provide you with your invoice.
(4) If an Artist is unable to supply any Artwork then we will, at our sole discretion, either
(a) Offer an alternative OR
(b) Cancel the order, and you will be provided with a full refund within 14 days.
(5)(a) Commissions – the Artist will agree a price for a commission, based on your requirements. 50% of the agreed price is payable once an order is placed by you. You will then be sent images for approval. Once you approve an image then you are not able to cancel a Commission.
(b) You can approve images by contacting the Artist directly using the “contact us” form available on the Website or emailing us at firstname.lastname@example.org.
(6) Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork.
4 PRICE AND PAYMENT
(1) The price of the Artwork, which includes any applicable VAT or taxes, is as displayed in GBP on the Website at the time of purchase. Please refer to clause 3(5) for Commissions and Made to Order. The price that you will pay will be confirmed in the Order Confirmation and the Artist will supply you with your invoice. Additional Artwork or services will be subject to additional charges. Unless otherwise specified in writing, you must pay in advance before Artwork is despatched.
(2)(a) The Price does not include delivery. Delivery charges will be calculated at checkout for Standard or International Deliveries. Then we will provide carrier details in your despatch email.
(2) Payment is made to us in accordance with the order process on the Website which outlines the current methods of payment which the Website accepts. Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method. Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example your address), particularly to enable us to complete an order – see clause 3(1) of the Website Users Terms.
(3) For International sales see clause 6 following.
(1)(a)(i) Delivery is arranged by the Artist to the address, as provided by you on the Order Confirmation.
(ii) Delivery times are estimates and not guaranteed. For example, our 5-7 day delivery service states that the Artwork will be delivered within 7 business days but this is not a guaranteed service
(b) Free UK shipping (When available) can be to an address in Mainland UK. Please contact us and confirm whether the address you wish to use for delivery qualifies for this before placing your order.
(c) Multiple pieces of Artwork may be despatched individually.
(d) Artists may offer a range of delivery options (different shipping methods and services) so please ensure that you, the Buyer, select the option you require. However, sometimes these options may be limited because of the type of Artwork or the country you want the Artwork to be shipped to. If you have any queries about shipping please contact the Artist directly using the “contact the artist” form available on the Website.
(e) Although you may have a choice of delivery options, where applicable (such as exercising certain consumer rights), only any basic delivery charges (the cheapest) paid by you are refundable, unless the Artwork that is supplied to you by the Artist is damaged or faulty.
(f) If you have any particular shipping requirements then you must please contact the Artist directly using the “contact the artist” form available on the Website or email us.
(2)(a) Other than for Commissions or Made to Order Artwork, unless the applicable listing or Order Confirmation says otherwise, Artists aim to dispatch Artwork to you within 14 days of the date of accepting your order to comply with the law. If there is going to be a delay the Artist will let you know by email so you can cancel your order or choose another piece of Artwork.
(b) However, despatch and delivery times are only estimates and neither we, nor the Artists, are responsible for late delivery or unavailability of Artwork.
(c) For Commissions or Made to Order Artwork
(i) the Artist aims to provide you with estimated delivery dates within 7 days of the date of your order and aims to deliver within 30 days of the date of your order.
(ii) if the Artist is unable to deliver within 30 days of the date of your order then they will, at their discretion, either
(i) provide you with a revised delivery date or
(ii) cancel your order and refund payment made by you. (3) If for some reason the Artist is unable to dispatch the exact Artwork you have ordered, then the Artist will either refund the price paid for that item or will email you and offer you an alternative item.
(4)(a) You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork. Risk in Artwork passes to you upon delivery of the Artwork.
(b) Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.
(5) Delivery of Artwork will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the Artwork but also the state of the package received – see (6) below.
(6) When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, 'Received Damaged'. In the subsequent event that the Artwork is found to be damaged, please email us at email@example.com.
6 INTERNATIONAL SALES
(1) The Website brings Artists from the United Kingdom to Buyers from around the world (Currently only available to European Union, Canada, Mexico and the United States). This applies if you are buying from an Artist who is located in a country which is either not your country of residence and/or where you want your Artwork to be shipped – we refer to this as international sales.
(2)(a) The price is displayed in British pounds (GBP) and so you will be paying using GBP.
(b) Where the Website displays a currency converter then this is only a guide/estimate because if your own payment method is not GBP (for example, in Euro or US$,) then your payment method provider may make a charge for paying in GBP and they will also calculate the rate of currency exchange.
(c) Currency exchange rates and charges are your responsibility so you may wish to check this with your own payment provider before placing your order.
(3) Since the Website brings together Buyers and Artists from around the world, delivery of Artwork to an international address (one which is located in a different country to the one in which the Artist is based in) is at your own expense and risk and so we always advise that you to check directly with customs officials in the country where any delivery address is located so that you understand what duties or other charges may be imposed if you ask goods to be delivered to that country.
(4)(a) You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.
(b) In addition to the actual purchase price of the Artwork, you will be solely and fully responsibility for any and all tax/duty costs, fees, liabilities, handling charges, shipping costs, insurance which may arise or apply to your order and delivery.
(5) This means that Artists will not be responsible for any costs incurred as a result of any delivery of Artwork to you.
(6) With all international sales we also recommend that you
- check the unit of weights and measurements used (for example imperial inches or metric centimetres)
- remember to allow extra time for delivery of your Artwork
- if you have any queries about the Artwork or shipping and delivery please contact the Artist directly using the details they provide on the Website – they will be happy to deal with any questions you have.
7 CONSUMER CANCELLATION RIGHTS
(1) This clause only applies to you if you are a Consumer and want to exercise your Consumer cancellation rights.
(2)(a) Consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to the Artist (see clause 7(3) and 7(4) following), to obtain a refund. All Artists (sellers) are committed to ensuring that they abide by your rights.
(b) Please note that these cancellation rights do not apply to any Made to Order Artwork.
(3) If you would like to return your order, please confirm this in writing by contacting the Us directly using the “contact the Us” form available on the Website or emailing us at firstname.lastname@example.org within 14 days following the date you received your order (or from the date you received the last item which completed your order).
(4) Unless it has been agreed otherwise (see clause 7(3) above)
(a) Artwork should be returned unused and in perfect condition with the original packaging, within 14 days of the date you advise us of your cancellation, at your expense to us using the postal address as provided on the invoice unless the Artist has specifically provided you with an alternative for the return. We always advise that you return Artwork using a service which provides you with proof of sending.
(b) Unless your item is faulty or we have agreed otherwise with you prior to you returning the Artwork, then you will be responsible for the costs in returning the item to the Artist.
(5) We ask that you please repackage the Artwork in its original packaging securely, to guard against damages, and remove all shipping labels and, where applicable, print the address and shipping label we send to you via email on behalf of the Artist and attach to the parcel.
(6) The law enables sellers (the Artist) to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.
(7) Unless you have lost the right to cancel, when you cancel an order for Artwork we will refund the amount you paid for the Artwork.
(8)(a) Where you cancel an order for Artwork then we will refund you within 14 days of the date we receive the Artwork.
(b) Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
8 FAULTS, PROBLEMS WITH YOUR ORDER AND RETURNS
(1)(a) Where there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, then we ask that you contact Us directly using the “contact the us” form available on the Website or email us at email@example.com within 14 days after the day you received the Artwork.
(b) Consumers may have a right to reject some faulty Artwork but this right is limited to 30 days from the date you purchased the Artwork.
(2) Depending on the problem with your order we will advise you whether
(a) You should send photos of the damage Artwork and packaging and retain the artwork as you are advised should the courier, Artist (or their representative) wish to inspect it and/or
(b) On behalf of the Artist we will make arrangements for a carrier to collect the Artwork from the address the Artwork was delivered to. Collection will usually be Monday – Friday, 8am - 7pm OR
(c) Ask you to return the Artwork to us
(d) You should retain the Artwork and all original packaging for 30 days so that it can be inspected
(3) When returning any Artwork we ask that you please repackage the goods securely, to guard against damages, and remove all shipping labels and print the address and shipping label we send to you via email, and attach it to the parcel.
(5) Within 14 days of receipt of the faulty Artwork we/the Artist will either
(a) repair the Artwork OR
(b) provide a replacement OR
(c) provide a refund, to include any delivery charges you paid when you placed your order and your
(5) Refunds are made with 14 days of the date the Artwork is receive using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account
9 LIMITATION OF LIABILITY AND INDEMNITY
(1) Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.
(2) We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
(3) Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork.
(4) You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.
10 CONTENT AND INTELLECTUAL PROPERTY RIGHTS
(1) Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
(2) You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
(3) You may not download copy or store electronically any significant portion of any Content.