Buyer Terms and Conditions
INDELIBL BUYERS TERMS AND CONDITIONS
Please read the following important terms and conditions before you buy
anything on our site.
This contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
In this contract:
• We, us or our means Indelibl Limited;
• Goods means either Original Artwork or Printed Goods; and
• You or your means the person using our site to buy Goods from us.
If you don't understand any of this contract and want to talk to us about it, please
contact us by: email: akwaaba@indelibl.co Monday to Saturday 9am - 5pm
Who are we?
1. INTRODUCTION
1.1. If you buy any Goods on our site you agree to be legally bound by this
contract.
1.2. You may only buy the Goods from our site for non-business reasons.
1.3. This contract is only available in English. No other languages will apply to
this contract.
1.4. When buying any Goods you also agree to be legally bound by:
1.4.1. our website terms and conditions and any documents referred to in
them;
1.4.2. if you are a Member, our Members Terms and Conditions and any
documents referred to in them including the Members Community
Policy; and
We are registered in England and Wales under company number: 09817825.
Our registered office is at: Leeds Innovation Centre, Intechnology Incubator, 103
Clarendon Road Leeds LS2 9DF
The details of this contract will not be filed with any relevant authority by us.
1.4.3. if you are a Creative then the Creative Terms of Membership will
also apply including the Members Community Policy;
1.4.4. extra terms which may add to, or replace some of, this contract,
for example, if the law changes and we need to update our terms
& conditions, or if any of the terms we have with our third party
suppliers change and we need alter how we do things. We will
contact you to let you know if we intend to do this by giving you
one month's notice.
All these documents form part of this contract as though set out in full here.
2. INFORMATION WE GIVE YOU
2.1. By law, the Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made:
2.1.1. please read the acknowledgement email (see clause 3.4.3); or
2.1.2. contact us using the contact details at the top of this page.
2.2. The key information we give you by law forms part of this contract (as
though it is set out in full here).
2.3. If we have to change any key information once a legally binding contract
between you and us is made, we can only do this if you agree to it.
3. ORDERING GOODS FROM US
3.1. Below, we set out how a legally binding contract between you and us is
made.
3.2. You do not need an account with us to order Goods however you must be
aged 18 and over.
3.3. You do not need to be based in the United Kingdom, Indelibl in partnership
with our suppliers ship worldwide. You can check whether Indelibl ships to
your country at checkout.
3.4. To place an order for Goods with us:
3.4.1. Click on the item(s) that you wish to buy to add it to your basket.
3.4.2. Once you have finished adding Goods to your basket, please read
and check your order carefully before submitting it. If you need to
correct any errors you can do so before submitting it to us.
3.4.3. When you place your order at the end of the online checkout
process (eg when you click on the ‘’buy now’’ button), we will
acknowledge it by email. This acknowledgement does not,
however, mean that your order has been accepted.
3.4.4. We may contact you to say that we do not accept your order. This
is typically for the following reasons:
3.4.4.1. the Goods are not available;
3.4.4.2. we cannot authorise your payment;
3.4.4.3. you are not allowed to buy the Goods from us;
3.4.4.4. we are not allowed to sell the Goods to you;
3.4.4.5. you have ordered too many Goods; or
3.4.4.6. there has been a mistake on the pricing or description of
the Goods.
3.4.5. We will only accept your order when we email you to confirm this
(Confirmation Email). At this point:
3.4.5.1. a legally binding contract will be in place between you
and us; and
3.4.5.2. we will dispatch the Goods to you.
3.5. Once you have ordered the Goods, if you are a Member, you can track the
progress of your Order through the Orders Dashboard on your account
page.
3.6. We generally offer two types of Goods:
3.6.1. Original Artwork – this is usually a one of a kind piece of art and
can include paintings, jewellery, sculptures etc. These are usually,
but not always, sold by a Creative, through our website. When
buying Original Artwork, we will usually be acting as an agent for
the Creative, unless we expressly state otherwise.
3.6.2. Printed Work – this generally consists of printed items for example,
prints of artwork, books etc. These are usually, but not always,
sold by us directly. Where we are not selling it directly, we will
expressly state that we are acting as an agent for the Creative.
3.7. Each item listed on our website will clearly state if it is Original Artwork or
Printed Work, and whether it is being sold by a Creative or by us directly. It
is important you take notice of this, as you have slightly different rights
when you are buying Original Artwork to when you are buying Printed
Work, and whether you are buying from a Creative or direct from us.
3.8. When you buy Original Artwork through us acting as an agent, the Creative
will send you a separate VAT invoice for the Goods.
4. RIGHT TO CANCEL THIS CONTRACT
4.1. You have the right to cancel this contract for any reason:
4.1.1. within 14 days if the item you have bought is Original Artwork; and
4.1.2. within 14 days if the item you have bought is Printed Work.
4.2. Where the Goods received are of unsatisfactory quality, unfit for purpose
or not as described, you have 14 days in which to reject them. After the
14 day period we may either refund, replace or repair the item.
4.3. The cancellation period will expire after the relevant number of days from
the day of delivery.
4.4. To exercise the right to cancel, you must inform us of your decision to
cancel this contract by sending us an email stating your reasons for
cancellation and you will be asked to fill in the cancellation form.
4.5. To meet the cancellation deadline, it is sufficient for you to send us an
email before the cancellation period has expired.
4.6. In order to cancel the order:
4.6.1. the Goods must be returned in the same condition in which they
were delivered to you;
4.6.2. you must use the same or of an equivalent quality, packaging to
return the Printed Work;
4.6.3. where you are returning Original Artwork, you must use the same
or higher quality packaging and include any certificates of
ownership or authenticity that it was supplied with.
4.7. Where you are cancelling the contract because the Original Artwork has
been received damaged, we would ask that you include photographs of the
damage to the artwork. This will assist the Creative with diagnosing the
problem and helping to reduce the risk of the damage occurring in the
future.
5. EFFECTS OF CANCELLATION
5.1. If you cancel this contract or any part of it, we will reimburse to you all
payments received from you relating to the contract or part of it, including
the costs of delivery (except for the supplementary costs arising if you
chose a type of delivery other than the least expensive type of standard
delivery offered by us).
5.2. We cannot refund you for any third party charges as listed at clause 7.8.3.2
as these are outside of our control and have not been charged by us
5.3. We may make a deduction from the reimbursement for loss in value of any
Goods supplied, if the loss is the result of unnecessary handling or damage
caused by you.
5.4. Where the Goods in question are Printed Works, we will make the
reimbursement without undue delay, and not later than:
5.4.1. 14 days after the day we received back from you any Goods
supplied; or
5.4.2. (if earlier) 14 days after the day you provide evidence that you
have returned the Goods; or
5.4.3. if there were no Goods supplied, 14 days after the day on which we
are informed about your decision to cancel this contract.
5.5. Where the Goods in question are Original Artwork and sold by the Creative
directly, the Creative will make the reimbursement on the same terms.
5.6. The reimbursement (whether by us or the Creative) will be made using the
same means of payment as you used for the initial transaction, unless you
have expressly agreed otherwise; in any event, you will not incur any fees
as a result of the reimbursement, unless you have damaged the Goods.
5.7. If you have received the Goods:
5.7.1. You shall send back the Goods that you are cancelling either to us
in the case of Goods bought/supplied from us, or to the Creative if
bought directly from the Creative, without undue delay and in any
event not later than 14 days from the day on which you
communicate your cancellation from this contract to us. The
deadline is met if you send back the Goods before the period of 14
days has expired.
5.7.2. Where the Goods are damaged and that is the reason for the return
then we will bear the cost of returning the Goods but if you are
returning the Goods for any other reason then you will have to bear
the direct cost of returning the Goods.
5.7.3. You are only liable for any diminished value of the Goods resulting
from handling the Goods other than as necessary to establish the
nature, characteristics and functioning of the Goods.
6. DELIVERY
6.1. We will use a reputable courier company or postal service to deliver the
Goods. The precise service used will depend on your location and the
service that you choose. For some locations you may be restricted as to
which option you can use. To see delivery options for the product you
would like to purchase and your location check the options available at
checkout before you place your order.
6.2. The estimated date and if possible, depending on the delivery service
chosen, time window for delivery of the Goods is set out in the
Confirmation Email (see clause 3.4.5).
6.3. If something happens which:
6.3.1. is outside of our control; and
6.3.2. affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the Goods.
6.4. Delivery of the Goods will take place when we deliver them to the address
that you gave to us.
6.5. Some of our couriers will require you to have a form of ID. Where this is a
requirement we will try our best to let you know in advance. Where this is
the case, then they cannot deliver the Goods if we are unable to properly identify you. Please provide the courier with a form of ID (passport or
photocard driving licence).
6.6. Unless you and we agree otherwise, or if you live in a specific location, if
we cannot deliver your Goods within 30 days, we will:
6.6.1. let you know;
6.6.2. cancel your order; and
6.6.3. give you a refund.
6.7. If nobody is available to take delivery, please contact us using the contact
details at the top of this page.
6.8. You are responsible for the Goods when delivery has taken place. In other
words, the risk in the Goods passes to you when you take possession of the
Goods.
6.9. There may situations where we have to deliver your Goods in instalments,
for example where you order Printed Works and Original Artwork in the
same order. Where this is the case, we will usually be able to let you know
in the Confirmation Email. Where the Goods are sent out in instalments,
each instalment will form a separate contract with between you and us.
7. PAYMENT
7.1. We accept the following credit cards and debit cards: VISA, MASTERCARD,
AMERICAN EXPRESS. We do not accept cash.
7.2. We will do all that we reasonably can to ensure that all of the information
you give us when paying for the Goods is secure by using an encrypted
secure payment mechanism. However, in the absence of negligence on our
part we will not be legally responsible to you for any loss that you may
suffer if a third party gains unauthorised access to any information that
you give us.
7.3. Your credit card or debit card will only be charged when the Goods are
ready for dispatch.
7.4. All payments by credit card or debit card need to be authorised by the
relevant card issuer. We may also need to use extra security steps via:
7.4.1. Verifies by Visa: https://verified.visa.com/aam/activation/
landingPage.aam
7.4.2. Mastercard®SecureCodeTM: http://www.mastercard.com/bh/
consumer/securecode.html
7.4.3. American Express SafeKey: https://www.americanexpress.com/uk/
content/safekey-information.html
7.5. We will not post the Goods until you have paid us in full for the Goods.
7.6. If you do not return any Goods (such as where you have not paid for them)
we may collect the Goods from you at your expense. We will try to contact
you to let you know if we intend to do this.
7.7. Nothing in this clause affects your legal rights to cancel the contract during
the ‘cooling off’ period under Clauses 4 and 5.
7.8. The price of the Goods (unless stated otherwise):
7.8.1. is in pounds sterling (£)(GBP); unless another option has been
selected in the currency converter.
7.8.2. includes VAT at the applicable rate (except where the Goods
originate from outside of the European Union); and
7.8.3. does not include:
7.8.3.1. the cost of delivering the Goods to your country make
sure to verify at checkout before you place your order);
and
7.8.3.2. any third party charges that may become payable as a
consequence of the Goods being shipped to you including
but not limited to customs, import duties, handling fees
or other tax including VAT, payable on Goods shipped
from outside of the European Union if you are within the
European Union, or if you are outside of the European
Union, any Goods.
Nature of the Goods
7.9. The Consumer Rights Act 2015 gives you certain legal rights (also known as
‘statutory rights’), for example, that the Goods:
7.9.1. are of satisfactory quality;
7.9.2. are fit for purpose; and
7.9.3. match the description, sample or model.
7.10. We must provide you with Goods that comply with your legal rights.
7.11. The packaging of the Goods may be different from that shown on the site.
7.12. While we try to make sure that:
7.12.1. all weights, sizes and measurements set out on the site are as
accurate as possible, there may be a small tolerance in such
weights, sizes and measurements in the following Goods: Original
art and
7.12.2. the colours of our Goods are displayed accurately on the site, the
actual colours that you see on your computer may vary depending
on the monitor that you use and therefore we cannot guarantee
that they will be the same in real life.
7.13. Any Goods sold:
7.13.1. at discount prices;
7.13.2. as remnants; or
7.13.3. as sub-standard;
will be identified and sold as such. Please check that they are of a
satisfactory quality for their intended use.
8. FAULTY GOODS
8.1. Your legal rights under the Consumer Rights Act 2015 are set out at the top
of this contract. They are a summary of your key rights. For more detailed
information on your rights and what you should expect from us, please:
8.1.1. contact us using the contact details at the top of this page; or
8.1.2. visit the Citizens Advice website www.citizensadvice.uk or call
03454 04 05 06.
8.2. Nothing in this contract affects your legal rights under the Consumer Rights
Act 2015. You may also have other rights in law.
8.3. Please contact us using the contact details at the top of this page, if you
want:
8.3.1. us to repair the Goods;
8.3.2. us to replace the Goods;
8.3.3. a price reduction; or
8.3.4. to reject the Goods and get a refund.
9. END OF THE CONTRACT
If this contract is ended it will not affect our right to receive any money
which you owe to us under this contract.
10. LIMIT ON OUR RESPONSIBILITY TO YOU
10.1. Except for any legal responsibility that we cannot exclude in law (such as
for death or personal injury), we are not legally responsible for:
10.1.1. losses that:
10.1.1.1. were not foreseeable to you and us when the contract
was formed; or
10.1.1.2. that were not caused by any breach on our part; and
10.2. business losses.
11. DISPUTES
11.1. We will try to resolve any disputes with you quickly and efficiently.
11.2. If you are unhappy with:
11.2.1. the Goods;
11.2.2. our service to you; or
11.2.3. any other matter;
please contact us as soon as possible.
11.3. If you and we cannot resolve a dispute using our internal complaint
handling procedure, we will:
11.3.1. let you know that we cannot settle the dispute with you; and
11.3.2. give you certain information required by law about our alternative
dispute resolution (ADR) provider.
11.4. If you want to take court proceedings, the relevant courts in England and
Wales will have exclusive jurisdiction in relation to this contract.
11.5. The law of England and Wales will apply to this contract.
12. THIRD PARTY RIGHTS
No one other than a party to this contract has any right to enforce any
term of this contract.