TERMS OF SALE
Background:
Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Images are sold by Us to consumers through this website, www.nigeljamesray.com (“Our Site”).
These Terms of Sale explain who We are, how Our Images will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms of Sale were last updated on 1 February 2023.
You will be required to read and accept these Terms of Sale when ordering Images. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Images through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.
The following documents may also apply to your use of Our Site:
• Our Terms of Use, available on Our Site under Important notices, apply to your use of Our Site. These terms are also referred to below in Parts 3 and 4.
• Our Privacy Policy, available on Our Site under Important notices. This is also referred to below in Part 22.
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 Images, as explained in Part 10;
“Contact Tools”
means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and if available live chat;
“Images”
means the photographs reproduced as giclée prints on either canvas or paper and sold by Us through Our Site. The term “Image” includes; prints, fine art prints, swatches, unframed canvas or paper images, stretched canvas images, and framed canvas or paper images, as described on Our Site.
“Order”
means your order for Images;
“Order Confirmation”
means Our acceptance and confirmation of your Order;
“Order Number”
means the reference number for your Order; and
“I/We/Us/Our”
means Nigel James Ray.
1.2 Unless the context otherwise requires, each reference in these Terms of Sale to:
2.a.1 “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
2.a.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
2.a.3 a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.
2. Information About Us
1.1 Our Site is operated by Nigel James Ray.
3. How to Contact Us
1.1 To contact Us with questions or complaints, please email Us at info@nigeljamesray.com, in the first instance.
1.2 To contact Us about your Order by email, please email Us at info@nigeljamesray.com.
1.3 To contact Us about cancellations by email, please email Us at info@nigeljamesray.com.
1.4 We provide the following Contact Tools for you to contact Us:
An email contact form on Our Site - available on Our Site under Contact.
1.5 Use of Our Contact Tools is subject to Part 3 of Our Terms of Use, available on Our Site under Important notices.
1.6 Subject to your agreement, We will contact you by telephone when We consider that to do so would be beneficial to our communication.
4. Access to Our Site and Use of Our Site
1.1 Access to Our Site is free of charge.
1.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
1.3 Use of Our Site is subject to Our Website Terms of Use, available on Our Site under Important notices. Please ensure that you have read them carefully, that you understand them, and that you agree to them.
5. Changes to these Terms of Sale
1.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, the date on which the Terms of Sale were altered will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Images paid for but not received.
1.2 If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
6. Business Customers
These Terms of Sale do not apply to customers purchasing Images in the course of business.
7. International Customers
Please note that We currently deliver images within the UK, the nation members of the EU and EEA, as well as North America and Canada.
8. Images, Descriptions, and Changes
1.1 We make all reasonable efforts to ensure that all descriptions of Images available from Us on Our Site match, as far as possible, the Images in print. Please note:
a) Images on Our Site are for illustrative purposes. There may be slight variations in colour between an image viewed on Our Site and the actual Image when printed due to differences in computer or device settings and displays, and lighting conditions;
b) Any descriptions of packaging are for illustrative purposes only and the actual packaging may vary.
1.2 Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to variations in the Images, not to different Images. If you receive Images that are not as described, please refer to Part 14.
9. Pricing
1.1 We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. All pricing information is reviewed and updated at our discretion. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT (if payable) will, as explained below in Part 9.2.
1.2 All prices on Our Site include VAT (if payable). If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
1.3 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing. If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price. If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Images 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 you do not respond within 7 days, We will treat your Order as cancelled and inform you of the cancellation in writing.
1.4 If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mis-pricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Images to Us.
1.5 Delivery charges may or may not be included in the price of Images shown on Our Site. More information is available on Our Site under General - Shipping. Delivery options and related charges will be presented to you as part of the order process.
10. Orders and How Contracts Are Formed
1.1 Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
1.2 If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, during the order process.
If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Images to you.
If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
We will not be responsible for supplying the affected Images late or for not supplying the affected Images if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
1.3 No part of Our Site constitutes a contractual offer capable of acceptance.
Your Order constitutes a contractual offer. Our acceptance of that offer 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 for the sale of the Images.
1.4 Order Confirmations contain the following information:
a) Your Order Number;
b) Confirmation of the Images ordered including full details of their main characteristics;
c) Itemised pricing for the Images ordered including, where appropriate, taxes, delivery, and other additional charges;
1.5 Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
1.6 In the event that We cannot accept your Order, We will inform you in writing. We reserve the right to refuse Orders and We are not required to give reason why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.
We may not accept your Order because the Images are no longer available, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Images, or because We are not able to meet a delivery deadline that you have set.
11. Payment
1.1 Payment for Images and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
1.2 We will charge your chosen payment method when your order is accepted.
1.3 We accept the following methods of payment:
• Most major credit cards.
• Payment via PayPal.
12. When You Own the Products
Ownership of the Images passes to you once We have received payment in full of all sums due.
13. Delivery
1.1 All Images purchased through Our Site for delivery within the United Kingdom will normally be delivered within 28 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 Our control). All Images purchased through Our Site for international delivery to countries other than the United Kingdom will normally be delivered within 35 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). We will always seek to improve on the stated delivery times where possible and We aim to deliver rolled Images well within the timescales referred to in this Part 13 1.1.
1.2 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
1.3 If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Images that you have not received.
1.4 If you (or someone on your behalf) are not available at your address to take delivery of the Images and they cannot be posted through your letterbox, you will be informed how to arrange for re-delivery or of where to collect the Images.
1.5 If you do not arrange to have the Images re-delivered or do not collect them, We will contact you to ask for further instructions. We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Images, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
1.6 In the unlikely event that We do not deliver the Images on time (as per Part 13 - 1.1), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
a) We have refused to deliver the Images;
b) You told Us when ordering the Images that delivery within the specified or agreed time period was essential.
1.7 If you do not wish to cancel under Part 13 - 1.6, or if none of the specified circumstances apply, 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.
1.8 Responsibility for the Images passes to you once We have delivered the Images to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Images from Us.
1.9 As explained in Part 10 - 1.2, We will not be responsible for delivering Images late or for not delivering Images if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
14. Faulty, Damaged, or Incorrect Images
1.1 This Part 14 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice Website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
1.2 The Consumer Rights Act 2015 requires that products for sale must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
a) Beginning on the day that you receive the Images (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above under Part 14 - 1.2.
b) If on delivery of the Images the packaging is wet, crushed, torn, or holed and the Images have been damaged, you should obtain written acknowledgement from the courier or postal service that the Images were spoiled during shipping. If you are unable to do so then you should record on any courier or postal receipt that you are required to sign that the Images were damaged when received by you. You must then contact Us at info@nigeljamesray.com within 48 hours of delivery to inform Us of the of the damage to the Images and to arrange for a refund of the purchase price or replacement. Digital photographs evidencing the damage to the packaging and Images must be provided when you contact Us. You must also provide to Us at the same time a photograph evidencing the written acknowledgement of damage provided by the courier or postal service or your notification of such to them.
1.3 Please note that you will not be eligible to claim under this Part 14 if:
a) You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
b) You have purchased the Images for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Images for that purpose; or
c) You have changed your mind (please refer to Part 16).
1.4 If there is a problem with the Images, please contact Us using the details provided above in Part 3.
1.5 If you exercise your legal right to reject the Images, you must return them to Us.
1.6 To return Images to Us for any reason under this Part 14, please post them to Us at the address We provide. We will cover the cost of postage.
15. Your Rights to Cancel and End the Contract
1.1 If the Images are faulty or misdescribed, you may have a legal right to end the Contract, to have the Images replaced, or to get a full or partial refund. Please refer to Part 14, above, for more information.
1.2 If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 16, below, for more information.
1.3 If you wish to end the Contract because of something We have done or are going to do, please refer to Part 17, below, for more information.
16. Cancelling and Ending the Contract if You Change Your Mind
1.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and you take possession of your Images.
a) If the Images are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Images.
b) If the Images are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Images.
1.2 If you wish to end the Contract for this reason, you must inform Us within the cooling-off period by sending Us an email to info@nigeljamesray.com. Please state that you want to cancel and end the Contract, providing your name, address, details of your Order, email address and if possible a telephone number. For your convenience, We offer a cancellation form to which there is a link below in Part 17.
1.3 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
1.4 Please note that this right to cancel may not apply in the following circumstances:
a) If the Images have been customised or finished for you i.e. Images that have been stretched or framed by anyone other than Us.;
c) If the image is returned to Us in a condition that is different to what it was when we shipped the Image to you.
17. Cancelling and ending the Contract because of something We have done or will do.
1.1 You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
a) We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5 - 1.1);
b) We have informed you about an upcoming change to the Images that you do not agree to (see Part 8 - 1.4);
c) We have informed you about an error in the price or description of the Images and you do not wish to proceed;
d) There is a risk that delivery of the Images will be substantially delayed due to events outside of Our control (see Part 13 - 1.3);
e) You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Images on time and the circumstances in Part 13 - 1.7 or 13 - 1.8 apply).
1.2 If you cancel and end the Contract for any of the reasons set out in this Part 17, the Contract will end immediately and you will receive a full refund for any Images which have not yet been provided.
1.3 If you wish to end the Contract for this reason, you may inform Us by sending Us an email at infor@nigeljamesray.com. Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, We also offer a cancellation form to which there is a link below.
18. Returning Images After Cancelling and Ending the Contract
1.1 If you cancel and end the Contract for any reason after Images have been dispatched or delivered to you, you must return the Images to Us using a tracked courier or postal service. We recommend that the Image is returned in its original packaging if possible but in any event the packaging should provide adequate protection. Appropriate insurance cover should be put in place covering damage and non-receipt.
1.2 If you are exercising your right to change your mind under the cooling-off period as set out in Part 16, you must return the Images to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
1.3 We will cover the costs of returning the Images to Us in the following circumstances:
a) The Images are faulty or misdescribed;
b) You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
c) You are cancelling and ending the Contract because We have made an error in the price or description;
d) You are cancelling and ending the Contract because there is a risk that delivery of the Images will be substantially delayed due to events outside of Our Control;
e) You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Images on time and the circumstances in Part 13 - 1.7 or 13 - 1.8 apply);
1.4 In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Images to Us.
19. Refunds
1.1 All refunds due to you will be made using the same method used by you when paying for the Images (unless you request and we agree an alternative). Your refund will be made within 14 days of Us receiving back the returned Images, or you providing evidence of having returned the Images, for example, a proof of postage receipt from the courier or postal service. You will be refunded the price paid for the Products and for delivery, subject to the following limitations and deductions:
a) If you are exercising your right to change your mind under the cooling-off period as set out in Part 16, We will reduce your refund to reflect any reduction that has occurred in the value of the Images due to your treatment or handling of them. The extent to which you can handle your Images is determined by the the amount of handling that it would be reasonable for you to undertake if you were assessing the Image for sale in a gallery or shop. In that environment, the amount of handling would be minimal as the Images would be under the control of the gallery or shop and would be made available for your viewing rather than direct handling. Returned Images with creases, folds, tears, holes, fingerprints, scratches, or any other faults, are unable to be re-sold due to their diminished value and as such any refund will exclude those costs that We have incurred in respect of materials, i.e. canvas or paper and inks, along with any studio production or printing costs.
b) Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges.
c) No refunds will be made for Images supplied to you and subsequently varied by you, i.e., as a result of stretching or framing by another party other than Us in the case of a canvas or mounting and framing in the case of a paper printed Image.
1.2 All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
a) The day on which We receive the returned Images or you providing evidence of having returned the goods, for example, a proof of postage receipt from the postal service or courier.
b) If We have not yet provided an Order Confirmation or have not yet dispatched the Images, the day on which you inform Us that you wish to cancel and end the Contract.
20. Our Liability to Consumers
1.1 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.
1.2 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.
1.3 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.
21. Complaints and Feedback
1.1 We always welcome feedback from Our customers and, whilst We always use reasonable efforts 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.
1.2 If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3.
22. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy, available from Our Site under Important notices.
23. What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
24. Other Important Terms
1.1 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
1.2 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.
1.3 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.
1.4 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.
25. Law and Jurisdiction
1.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
1.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 25.1 takes away from or reduces your legal rights as a consumer.
1.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
1.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.