TERMS AND CONDITIONS
References in these terms of sale to 'we', 'us' and 'our' are to St Andrews Golf Art Limited.
These terms and conditions (together with the documents referred to in them) set out the terms and conditions (Conditions) on which we supply the original artworks and prints (Items) displayed on our website: http://standrewsgolfart.com/ (Site) to you. Please read these Conditions carefully before ordering any Items from our Site because, by placing an order for any of our Items, you agree to be bound by these Conditions.
We suggest that you print a copy of these Conditions for future reference although please remember that we may change our terms in future (please see Clause 23 below for further details).
PLEASE NOTE THAT IF YOU PLACE AN ORDER FOR ANY ARTWORK, PRINT OR OTHER ITEM CREATED BY ANY OF THE FOLLOWING ARTISTS AND ST ANDREWS GOLF ART LIMITED ACCEPTS THAT ORDER THEN WE DO SO AS DISCLOSED AGENT FOR THE ARTIST ONLY:
- JOE AUSTEN
- ADRIANO MANOCCHIA
- DAVID EDEL
THIS MEANS THAT THE RESULTING LEGAL CONTRACT FOR THE ORDER IS BETWEEN YOU AND THE ARTIST, NOT BETWEEN YOU AND ST ANDREWS GOLF ART LIMITED. EACH ARTIST HAS A DIFFERENT SET OF TERMS AND CONDITIONS IN RESPECT OF THEIR ARTWORKS, PRINTS AND OTHER ITEMS. THESE ARE SET OUT FURTHER DOWN THIS PAGE BELOW THESE CONDITIONS. THE ARTISTS NAME IS SET OUT AT THE TOP OF THE RELEVANT TERMS AND CONDITIONS.
IF YOU PLACE AN ORDER FOR ANY ARTWORK, PRINT OR OTHER ITEM CREATED BY ANY ARTIST OTHER THAN THOSE LISTED ABOVE THEN THAT ORDER WILL BE SUBJECT TO THESE CONDITIONS AND THE RESULTING LEGAL CONTRACT WILL BE BETWEEN YOU AND ST ANDREWS GOLF ART LIMITED.
IT IS POSSIBLE FOR TWO SETS OF TERMS AND CONDITIONS TO APPLY TO YOUR ORDER:
EXAMPLE: YOUR ORDER COMPRISES TWO ITEMS: (1) AN ARTWORK CREATED BY ONE OF THE ARTISTS NOT LISTED ABOVE; AND (2) AN ARTWORK CREATED BY JOE AUSTEN. YOUR ORDER FOR ITEM (1) WILL BE SUBJECT TO THESE CONDITIONS. YOUR ORDER FOR ITEM (2) WILL BE SUBJECT TO THE TERMS AND CONDITIONS SET OUT FURTHER DOWN THIS PAGE BELOW THESE CONDITIONS AND ENTITLED "TERMS AND CONDITIONS - ARTWORK, PRINT OR OTHER ITEM CREATED BY JOE AUSTEN".
PLEASE MAKE SURE YOU READ THE CORRECT TERMS AND CONDITIONS. IF YOU HAVE ANY QUESTIONS THEN YOU CAN CONTACT US AT: info@standrewsgolfart.co.uk.
1 Information About Us
We operate our Site. We are St Andrews Golf Art Limited, a company registered in Scotland with registered number SC376701 and with our registered office at 57 Pettycur Road, Kinghorn, Fife, KY3 9RN.
2 Making a Contract with Us
2.1 By placing an order through our Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3 How the Contract is Formed Between You and Us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This e-mail is not an acceptance of your order; it is just a confirmation that we have received it. Your order constitutes an offer to us to purchase an Item. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Item has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Items whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Items which may have been part of your order until the dispatch of such Items has been confirmed in a separate Dispatch Confirmation.
3.3 We reserve the right to refuse any order at our discretion. Non-acceptance of an order may, for example, result from one of the following:
(a) the Item ordered being unavailable from stock;
(b) our inability to obtain authorisation of payment; or
(c) the identification of an error within the product information, including price or promotion.
4 Our Status
4.1 We may provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Items you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5 Your Rights to Cancel as a Consumer under the Distance Selling Regulations
5.1 If you are contracting with us as a consumer then, under the Consumer Protection (Distance Selling) Regulations 2000 (Regulations), you may cancel a Contract at any time within seven working days, beginning on the day after you received the Items. This is known under the Regulations as the 'cooling-off' period. In these circumstances, you will receive a full refund of the price paid for the Items in accordance with our refunds policy (set out in Clause 9 below).
5.2 To cancel a Contract under Clause 5.1, you must inform us in writing. You must also return the Items to us as soon as reasonably practicable, and at your own cost.
5.3 This Clause 5 does not affect your other statutory rights as a consumer.
6 Availability and Delivery
6.1 All Items are subject to availability. As there is a delay between the time when your order is placed and the time when your order is accepted, the stock position relating to particular Items may change. If an Item you have ordered becomes out of stock before we accept the order in accordance with Clause 3 then we will notify you as soon as possible and you will not be charged for the out of stock Items.
6.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7 Risk and Title
7.1 The Items will be at your risk from the time of delivery to you.
7.2 Ownership of the Items will only pass to you when we receive full payment of all sums due in respect of the Items, including delivery charges.
8 Price and Payment
8.1 The price of the Items and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error.
8.2 Item prices include VAT.
8.3 Item prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our Site contains a large number of Items and, as a consequence, it is always possible that, despite our best efforts, some of the Items listed on our Site may be incorrectly priced. We try to ensure that all pricing on the Site is accurate and we will normally verify prices as part of our dispatch procedures so that, where an Item's correct price is less than our stated price, we will charge the lower amount when dispatching the Item to you. If an Item's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Item, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Item to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6 Payment for all Items must be by credit/debit card or through PayPal. Your details will be processed using the SagePay secure payment system. We accept payment with Maestro, MasterCard, Visa, Visa Debit, Visa Electron. We will not charge your credit or debit card until we despatch your order. If, for any reason, there is a problem with collecting payment from your credit or debit card after we have confirmed receipt of your order, we will not be obliged to despatch your order to you.
9 Our Refunds Policy
9.1 In addition to your rights under the Regulations (please see above under Clause 5 for further information), if you are not completely satisfied with any Item then you can return it to us within 28 days of receipt for a refund.
9.2 If you return an item to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period provided for under the Regulations (see Clause 5 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Item in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us;
(b) for any other reason, we will examine the returned Item and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Item in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.3 You have a legal obligation to take reasonable care of the Items while they are in your possession. Where you have failed to take reasonable care of any Items, we reserve the right to refund you in full less any amounts due by way of compensation to either repair the Items or to cover any loss.
9.4 In all cases, Items must be returned to us in their original condition, which includes any packaging.
9.5 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.6 We recommend you use a postal service that insures you for the value of the Items you are returning.
9.7 We will be unable to accept the return of any Item and will not process your refund where you have failed to follow our refund policy.
10 Information about Items
10.1 We have made every effort to display the Items featured on our Site as accurately as possible. However, please remember that shopping online is very different to shopping in-store. For instance, the colours we use, as well as the display and colour capabilities of your particular computer monitor, may greatly affect the colours you actually see on the screen. We cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor's display of any colour, texture, or detail of Items will be accurate/the same as the actual Item.
10.2 We will take all reasonable care to ensure that all details, descriptions and prices of Items appearing on our Site are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions. Please see further conditions in relation to errors in pricing in Clause 8.
10.3 Print sizes can vary slightly between production batches. For this reason, we strongly recommend that you wait to receive your unframed prints before purchasing a frame. If you have any questions about any Items (whether relating to sizing, description or otherwise) then please contact us: info@standrewsgolfart.com.
11 Warranty
We warrant to you that any Item purchased from us through our Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Items of that kind are commonly supplied.
12 Our Liability
12.1 Subject to Clause 12.3, if we fail to comply with these Conditions, we will only be liable to you for the purchase price of the Items and, Subject to Clause 12.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, delict (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
12.2 Subject to Clause 12.3, we will not be liable for losses that result from our failure to comply with these Conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this Clause 12.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this Clause 12.2.
12.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective Items under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13 Import Duty
13.1 If you order Items from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Items are destined. We will not be liable for any breach by you of any such laws.
14 Privacy Policy
We process information about you in accordance with our privacy policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
15 Terms of Use
We have set out additional conditions in relation to your use of our Site in our terms of use. By using our Site, you agree to abide by and be bound by those conditions.
16 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Clause 16 does not affect your statutory rights.
17 Notices
All notices given by you to us must be given to St Andrews Golf Art Limited at info@standrewsgolfart.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 16 above. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18 Transfer of rights and obligations
18.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19 Events outside our control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20 Waiver
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 17 above.
21 Severability
If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22 Entire agreement
22.1 These Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
22.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
22.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
22.4 Nothing in this Clause 22 limits or excludes any liability for fraud.
23 Our right to vary these Conditions
23.1 We have the right to revise and amend these Conditions from time to time.
23.2 You will be subject to the policies and Conditions in force at the time that you order Items from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Items).
24 Law and jurisdiction
Contracts for the purchase of Items through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the Scottish courts.
TERMS AND CONDITIONS - ARTWORK, PRINT OR OTHER ITEM CREATED BY JOE AUSTEN
References in this privacy policy to "Joe" means Joe Austen of 58 Bay Road, Wormit, Fife, Scotland, DD6 8LZ.
These terms and conditions (together with the documents referred to in them) (Conditions) set out the terms and conditions on which Joe supplies the original artworks and prints created by him (Items) displayed on the website: http://standrewsgolfart.com/ (Site) to you. Please read these Conditions carefully before ordering any Items from the Site because, by placing an order for any of the Items, you agree to be bound by these Conditions.
1 Information About SAGL
This Site is operated by St Andrews Golf Art Limited, a company registered in Scotland with registered number SC376701 and with its registered office at 57 Pettycur Road, Kinghorn, Fife, KY3 9RN ("SAGL"). SAGL is Joe's disclosed agent.
2 Making a Contract with Joe
2.1 By placing an order through the Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3 How the Contract is Formed Between You and Joe
3.1 After placing an order, you will receive an e-mail from SAGL (acting on behalf of Joe) acknowledging that your order has been received. This e-mail is not an acceptance of your order; it is just a confirmation that it has been received. Your order constitutes an offer to purchase an Item. All orders are subject to acceptance by Joe, and Joe will confirm such acceptance to you by SAGL (acting on behalf of Joe) sending you an e-mail that confirms that the Item has been dispatched (Dispatch Confirmation). The contract between you and Joe (Contract) will only be formed when SAGL (acting on behalf of Joe) sends you the Dispatch Confirmation.
3.2 SAGL is authorised by Joe to accept your offer on Joe's behalf. Please note that although SAGL sends you the Dispatch Confirmation, the Contract is not between you and SAGL but is between you and Joe.
3.3 The Contract will relate only to those Items whose dispatch has confirmed in the Dispatch Confirmation. Joe will not be obliged to supply any other Items which may have been part of your order until the dispatch of such Items has been confirmed in a separate Dispatch Confirmation.
3.4 Joe reserves the right to refuse any order at his discretion. Non-acceptance of an order may, for example, result from one of the following:
(a) the Item ordered being unavailable from stock;
(b) SAGL's (acting on behalf of Joe) inability to obtain authorisation of payment; or
(c) the identification of an error within the product information, including price or promotion.
4 Links from the Site
4.1 SAGL may provide links on the Site to the websites of other companies, whether affiliated with SAGL or Joe or not. Neither SAGL nor Joe can give any undertaking that any items you purchase from companies to whose website SAGL has provided a link on the Site, will be of satisfactory quality, and any such warranties are disclaimed by SAGL and Joe absolutely. This disclaimer does not affect your statutory rights against Joe under the Contract.
5 Your Rights to Cancel as a Consumer under the Distance Selling Regulations
5.1 If you are contracting with Joe as a consumer then, under the Consumer Protection (Distance Selling) Regulations 2000 (Regulations), you may cancel a Contract at any time within seven working days, beginning on the day after you received the Items. This is known under the Regulations as the 'cooling-off' period. In these circumstances, you will receive a full refund of the price paid for the Items in accordance with the refunds policy set out in Clause 9 below.
5.2 To cancel a Contract under Clause 5.1, you must inform either Joe or SAGL (acting on behalf of Joe) in writing. You must also return the Items to SAGL (acting on behalf of Joe) as soon as reasonably practicable, and at your own cost.
5.3 This Clause 5 does not affect your other statutory rights as a consumer.
6 Availability and Delivery
6.1 All Items are subject to availability. As there is a delay between the time when your order is placed and the time when your order is accepted, the stock position relating to particular Items may change. If an Item you have ordered becomes out of stock before SAGL (acting on behalf of Joe) accepts the order in accordance with Clause 3 then Joe or SAGL (acting on behalf of Joe) will notify you as soon as possible and you will not be charged for the out of stock Items.
6.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7 Risk and Title
7.1 The Items will be at your risk from the time of delivery to you.
7.2 Ownership of the Items will only pass to you when SAGL (acting on behalf of Joe) receives full payment of all sums due in respect of the Items, including delivery charges.
8 Price and Payment
8.1 The price of the Items and the applicable delivery charges will be as quoted on the Site from time to time, except in cases of obvious error.
8.2 Item prices include VAT.
8.3 Item prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which SAGL (acting on behalf of Joe) has already sent you a Dispatch Confirmation.
8.4 The Site contains a large number of Items (including items which have not been created by Joe) and, as a consequence, it is always possible that, despite best efforts, some of the Items listed on the Site may be incorrectly priced. SAGL (acting on behalf of Joe) will try to ensure that all pricing on the Site is accurate and will normally verify prices as part of the dispatch procedures so that, where an Item's correct price is less than the stated price, you will be charged the lower amount. If an Item's correct price is higher than the price stated on the Site, SAGL (acting on behalf of Joe) will normally either contact you for instructions before dispatching the Item, or reject your order and notify you of such rejection.
8.5 Joe is under no obligation to provide the Item to you at the incorrect (lower) price, even after the Dispatch Confirmation has been sent, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6 Payment for all Items must be by credit/debit card or through PayPal. Your details will be processed using the SagePay secure payment system. SAGL (acting on behalf of Joe) accepts payment with Maestro, MasterCard, Visa, Visa Debit, Visa Electron. Your credit or debit card will not be charged until after your order is despatched. If, for any reason, there is a problem with collecting payment from your credit or debit card after SAGL (acting on behalf of Joe) has confirmed receipt of your order, SAGL (acting on behalf of Joe) will not be obliged to despatch your order to you.
9 Refunds Policy
9.1 In addition to your rights under the Regulations (please see above under Clause 5 for further information), if you are not completely satisfied with any Item then you can return it to SAGL (acting on behalf of Joe) within 28 days of receipt for a refund.
9.2 If you return an item to SAGL (acting on behalf of Joe):
(a) because you have cancelled the Contract within the seven-day cooling-off period provided for under the Regulations (see Clause 5 above), SAGL (acting on behalf of Joe) will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, SAGL (acting on behalf of Joe) will refund the price of the Item in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to SAGL (acting on behalf of Joe);
(b) for any other reason, SAGL (acting on behalf of Joe) will examine the returned Item and will notify you of your refund via e-mail within a reasonable period of time. SAGL (acting on behalf of Joe) will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day SAGL (acting on behalf of Joe) confirmed to you via e-mail that you were entitled to a refund. SAGL (acting on behalf of Joe) will refund the price of a defective Item in full, any applicable delivery charges and any reasonable costs you incur in returning the item to SAGL (acting on behalf of Joe).
9.3 You have a legal obligation to take reasonable care of the Items while they are in your possession. Where you have failed to take reasonable care of any Items, SAGL (acting on behalf of Joe) reserves the right to refund you in full less any amounts due by way of compensation to either repair the Items or to cover any loss.
9.4 In all cases, Items must be returned in their original condition, which includes any packaging.
9.5 SAGL (acting on behalf of Joe) will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.6 Joe recommends that you use a postal service that insures you for the value of the Items you are returning.
9.7 SAGL (acting on behalf of Joe) will be unable to accept the return of any Item and will not process your refund where you have failed to follow the refund policy set out in this Clause 9.
10 Information about Items
10.1 SAGL (acting on behalf of Joe) has made every effort to display the Items featured on the Site as accurately as possible. However, please remember that shopping online is very different to shopping in-store. For instance, the colours used, as well as the display and colour capabilities of your particular computer monitor, may greatly affect the colours you actually see on the screen. Joe cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor's display of any colour, texture, or detail of Items will be accurate/the same as the actual Item.
10.2 SAGL (acting on behalf of Joe) will take all reasonable care to ensure that all details, descriptions and prices of Items appearing on the Site are correct at the time when the relevant information was entered onto the system. SAGL (acting on behalf of Joe) reserves the right to refuse orders where product information has been mis-published, including prices and promotions. Please see further conditions in relation to errors in pricing in Clause 8.
10.3 Print sizes can vary slightly between production batches. For this reason, Joe strongly recommends that you wait to receive your unframed prints before purchasing a frame. If you have any questions about any Items (whether relating to sizing, description or otherwise) then please contact SAGL (acting on behalf of Joe) at: info@standrewsgolfart.com.
11 Warranty
11.1 Joe warrants to you that any Item purchased through the Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Items of that kind are commonly supplied.
11.2 To be clear, the warranty set out in Clause 11.1 applies only to those Items created by Joe and not to any items created by any other artists which you may purchase through the Site.
12 Liability
12.1 Subject to Clause 12.3, if Joe fails to comply with these Conditions, Joe will only be liable to you for the purchase price of the Items and, Subject to Clause 12.2, any losses that you suffer as a result of his failure to comply (whether arising in contract, delict (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
12.2 Subject to Clause 12.3, Joe will not be liable for losses that result from his failure to comply with these Conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this Clause 12.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this Clause 12.2.
12.3 Nothing in this agreement excludes or limits Joe's liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective Items under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for Joe to exclude or attempt to exclude his liability.
13 Import Duty
13.1 If you order Items from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that Joe has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Items are destined. Joe will not be liable for any breach by you of any such laws.
14 Privacy Policy
SAGL will process information about you in accordance with its privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
15 Terms of Use
SAGL has set out additional conditions in relation to your use of our Site in its terms of use By using the Site, you agree to abide by and be bound by those conditions.
16 Written communications
Applicable laws require that some of the information or communications Joe or SAGL (acting on behalf of Joe) sends to you should be in writing. When using the Site, you accept that communication with Joe or SAGL (acting on behalf of Joe) will be mainly electronic. Joe or SAGL (acting on behalf of Joe) will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Joe or SAGL (acting on behalf of Joe) provides to you electronically comply with any legal requirement that such communications be in writing. This Clause 16 does not affect your statutory rights.
17 Notices
All notices given by you to Joe must be given to Joe Austen at joeausten@hotmail.com. All notices given by you to SAGL (acting on behalf of Joe) must be given to St Andrews Golf Art Limited at info@standrewsgolfart.co.uk. Joe or SAGL (acting on behalf of Joe) may give notice to you at either the e-mail or postal address you provide to SAGL (acting on behalf of Joe) when placing an order, or in any of the ways specified in Clause 16 above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18 Transfer of rights and obligations
18.1 The contract between you and Joe is binding on you and Joe and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 Joe may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of his rights or obligations arising under it, at any time during the term of the Contract.
19 Events outside Joe's control
19.1 Joe will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under a Contract that is caused by events outside his reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond his reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
19.3 Joe's performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and Joe will have an extension of time for performance for the duration of that period. Joe will use his reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which his obligations under the Contract may be performed despite the Force Majeure Event.
20 Waiver
20.1 If Joe fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if Joe fails to exercise any of the rights or remedies to which he is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by Joe of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by Joe of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 17 above.
21 Severability
If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22 Entire agreement
22.1 These Conditions and any document expressly referred to in them constitute the whole agreement between you and Joe and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you and Joe relating to the subject matter of any Contract.
22.2 Joe and you each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
22.3 Joe and you each agree that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
22.4 Nothing in this Clause 22 limits or excludes any liability for fraud.
23 Our right to vary these Conditions
23.1 Joe has the right to revise and amend these Conditions from time to time.
23.2 You will be subject to the policies and Conditions in force at the time that you order Items from SAGL (acting on behalf of Joe), unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Joe or SAGL (acting on behalf of Joe) notifies you of the change to those policies or these Conditions before SAGL (acting on behalf of Joe) sends you the Dispatch Confirmation (in which case Joe has the right to assume that you have accepted the change to the Conditions, unless you notify either Joe or SAGL (acting on behalf of Joe) to the contrary within seven working days of receipt by you of the Items).
24 Law and jurisdiction
Contracts for the purchase of Items through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the Scottish courts.
TERMS AND CONDITIONS - ARTWORK, PRINT OR OTHER ITEM CREATED BY DAVID EDEL
References in this privacy policy to "David" means David Edel of 2519 CR 323, Liberty Hill, Texas, TX78642, USA.
These terms and conditions (together with the documents referred to in them) (Conditions) set out the terms and conditions on which David supplies the original artworks and prints created by him (Items) displayed on the website: http://standrewsgolfart.com/ (Site) to you. Please read these Conditions carefully before ordering any Items from the Site because, by placing an order for any of the Items, you agree to be bound by these Conditions.
1 Information About SAGL
This Site is operated by St Andrews Golf Art Limited, a company registered in Scotland with registered number SC376701 and with its registered office at 57 Pettycur Road, Kinghorn, Fife, KY3 9RN ("SAGL"). SAGL is David's disclosed agent.
2 Making a Contract with David
2.1 By placing an order through the Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3 How the Contract is Formed Between You and David
3.1 After placing an order, you will receive an e-mail from SAGL (acting on behalf of David) acknowledging that your order has been received. This e-mail is not an acceptance of your order; it is just a confirmation that it has been received. Your order constitutes an offer to purchase an Item. All orders are subject to acceptance by David, and David will confirm such acceptance to you by SAGL (acting on behalf of David) sending you an e-mail that confirms that the Item has been dispatched (Dispatch Confirmation). The contract between you and David (Contract) will only be formed when SAGL (acting on behalf of David) sends you the Dispatch Confirmation.
3.2 SAGL is authorised by David to accept your offer on David's behalf. Please note that although SAGL sends you the Dispatch Confirmation, the Contract is not between you and SAGL but is between you and David.
3.3 The Contract will relate only to those Items whose dispatch has confirmed in the Dispatch Confirmation. David will not be obliged to supply any other Items which may have been part of your order until the dispatch of such Items has been confirmed in a separate Dispatch Confirmation.
3.4 David reserves the right to refuse any order at his discretion. Non-acceptance of an order may, for example, result from one of the following:
(a) the Item ordered being unavailable from stock;
(b) SAGL's (acting on behalf of David) inability to obtain authorisation of payment; or
(c) the identification of an error within the product information, including price or promotion.
4 Links from the Site
4.1 SAGL may provide links on the Site to the websites of other companies, whether affiliated with SAGL or David or not. Neither SAGL nor David can give any undertaking that any items you purchase from companies to whose website SAGL has provided a link on the Site, will be of satisfactory quality, and any such warranties are disclaimed by SAGL and David absolutely. This disclaimer does not affect your statutory rights against David under the Contract.
5 Your Rights to Cancel as a Consumer under the Distance Selling Regulations
5.1 If you are contracting with David as a consumer then, under the Consumer Protection (Distance Selling) Regulations 2000 (Regulations), you may cancel a Contract at any time within seven working days, beginning on the day after you received the Items. This is known under the Regulations as the 'cooling-off' period. In these circumstances, you will receive a full refund of the price paid for the Items in accordance with the refunds policy set out in Clause 9 below.
5.2 To cancel a Contract under Clause 5.1, you must inform either David or SAGL (acting on behalf of David) in writing. You must also return the Items to SAGL (acting on behalf of David) as soon as reasonably practicable, and at your own cost.
5.3 This Clause 5 does not affect your other statutory rights as a consumer.
6 Availability and Delivery
6.1 All Items are subject to availability. As there is a delay between the time when your order is placed and the time when your order is accepted, the stock position relating to particular Items may change. If an Item you have ordered becomes out of stock before SAGL (acting on behalf of David) accepts the order in accordance with Clause 3 then David or SAGL (acting on behalf of David) will notify you as soon as possible and you will not be charged for the out of stock Items.
6.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7 Risk and Title
7.1 The Items will be at your risk from the time of delivery to you.
7.2 Ownership of the Items will only pass to you when SAGL (acting on behalf of David) receives full payment of all sums due in respect of the Items, including delivery charges.
8 Price and Payment
8.1 The price of the Items and the applicable delivery charges will be as quoted on the Site from time to time, except in cases of obvious error.
8.2 Item prices include VAT.
8.3 Item prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which SAGL (acting on behalf of David) has already sent you a Dispatch Confirmation.
8.4 The Site contains a large number of Items (including items which have not been created by David) and, as a consequence, it is always possible that, despite best efforts, some of the Items listed on the Site may be incorrectly priced. SAGL (acting on behalf of David) will try to ensure that all pricing on the Site is accurate and will normally verify prices as part of the dispatch procedures so that, where an Item's correct price is less than the stated price, you will be charged the lower amount. If an Item's correct price is higher than the price stated on the Site, SAGL (acting on behalf of David) will normally either contact you for instructions before dispatching the Item, or reject your order and notify you of such rejection.
8.5 David is under no obligation to provide the Item to you at the incorrect (lower) price, even after the Dispatch Confirmation has been sent, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6 Payment for all Items must be by credit/debit card or through PayPal. Your details will be processed using the SagePay secure payment system. SAGL (acting on behalf of David) accepts payment with Maestro, MasterCard, Visa, Visa Debit, Visa Electron. Your credit or debit card will not be charged until after your order is despatched. If, for any reason, there is a problem with collecting payment from your credit or debit card after SAGL (acting on behalf of David) has confirmed receipt of your order, SAGL (acting on behalf of David) will not be obliged to despatch your order to you.
9 Refunds Policy
9.1 In addition to your rights under the Regulations (please see above under Clause 5 for further information), if you are not completely satisfied with any Item then you can return it to SAGL (acting on behalf of David) within 28 days of receipt for a refund. This right does not apply in respect of the "The Claret Jug & Hands Of Roberto De Vicenzo". You may only return this item to SAGL (acting on behalf of David) where it is faulty or otherwise not as described. In these circumstances, the provisions set out in Clause 9.2(b) below will apply.
9.2 If you return an item to SAGL (acting on behalf of David):
(a) because you have cancelled the Contract within the seven-day cooling-off period provided for under the Regulations (see Clause 5 above), SAGL (acting on behalf of David) will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, SAGL (acting on behalf of David) will refund the price of the Item in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to SAGL (acting on behalf of David);
(b) for any other reason, SAGL (acting on behalf of David) will examine the returned Item and will notify you of your refund via e-mail within a reasonable period of time. SAGL (acting on behalf of David) will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day SAGL (acting on behalf of David) confirmed to you via e-mail that you were entitled to a refund. SAGL (acting on behalf of David) will refund the price of a defective Item in full, any applicable delivery charges and any reasonable costs you incur in returning the item to SAGL (acting on behalf of David).
9.3 You have a legal obligation to take reasonable care of the Items while they are in your possession. Where you have failed to take reasonable care of any Items, SAGL (acting on behalf of David) reserves the right to refund you in full less any amounts due by way of compensation to either repair the Items or to cover any loss.
9.4 In all cases, Items must be returned in their original condition, which includes any packaging.
9.5 SAGL (acting on behalf of David) will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.6 David recommends that you use a postal service that insures you for the value of the Items you are returning.
9.7 SAGL (acting on behalf of David) will be unable to accept the return of any Item and will not process your refund where you have failed to follow the refund policy set out in this Clause 9.
10 Information about Items
10.1 SAGL (acting on behalf of David) has made every effort to display the Items featured on the Site as accurately as possible. However, please remember that shopping online is very different to shopping in-store. For instance, the colours used, as well as the display and colour capabilities of your particular computer monitor, may greatly affect the colours you actually see on the screen. David cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor's display of any colour, texture, or detail of Items will be accurate/the same as the actual Item.
10.2 SAGL (acting on behalf of David) will take all reasonable care to ensure that all details, descriptions and prices of Items appearing on the Site are correct at the time when the relevant information was entered onto the system. SAGL (acting on behalf of David) reserves the right to refuse orders where product information has been mis-published, including prices and promotions. Please see further conditions in relation to errors in pricing in Clause 8.
10.3 Print sizes can vary slightly between production batches. For this reason, David strongly recommends that you wait to receive your unframed prints before purchasing a frame. If you have any questions about any Items (whether relating to sizing, description or otherwise) then please contact SAGL (acting on behalf of David) at: info@standrewsgolfart.com.
11 Warranty
11.1 David warrants to you that any Item purchased through the Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Items of that kind are commonly supplied.
11.2 To be clear, the warranty set out in Clause 11.1 applies only to those Items created by David and not to any items created by any other artists which you may purchase through the Site.
12 Liability
12.1 Subject to Clause 12.3, if David fails to comply with these Conditions, David will only be liable to you for the purchase price of the Items and, Subject to Clause 12.2, any losses that you suffer as a result of his failure to comply (whether arising in contract, delict (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
12.2 Subject to Clause 12.3, David will not be liable for losses that result from his failure to comply with these Conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this Clause 12.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this Clause 12.2.
12.3 Nothing in this agreement excludes or limits David's liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective Items under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for David to exclude or attempt to exclude his liability.
13 Import Duty
13.1 If you order Items from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that David has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Items are destined. David will not be liable for any breach by you of any such laws.
14 Privacy Policy
SAGL will process information about you in accordance with its privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
15 Terms of Use
SAGL has set out additional conditions in relation to your use of our Site in its terms of use. By using the Site, you agree to abide by and be bound by those conditions.
16 Written communications
Applicable laws require that some of the information or communications David or SAGL (acting on behalf of David) sends to you should be in writing. When using the Site, you accept that communication with David or SAGL (acting on behalf of David) will be mainly electronic. David or SAGL (acting on behalf of David) will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that David or SAGL (acting on behalf of David) provides to you electronically comply with any legal requirement that such communications be in writing. This Clause 16 does not affect your statutory rights.
17 Notices
All notices given by you to David must be given to David Edel at david@edelgolf.com . All notices given by you to SAGL (acting on behalf of David) must be given to St Andrews Golf Art Limited at info@standrewsgolfart.co.uk. David or SAGL (acting on behalf of David) may give notice to you at either the e-mail or postal address you provide to SAGL (acting on behalf of David) when placing an order, or in any of the ways specified in Clause 16 above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18 Transfer of rights and obligations
18.1 The contract between you and David is binding on you and David and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 David may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of his rights or obligations arising under it, at any time during the term of the Contract.
19 Events outside David's control
19.1 David will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under a Contract that is caused by events outside his reasonable control (Force Majeure Event ).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond his reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
19.3 David's performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and David will have an extension of time for performance for the duration of that period. David will use his reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which his obligations under the Contract may be performed despite the Force Majeure Event.
20 Waiver
20.1 If David fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if David fails to exercise any of the rights or remedies to which he is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by David of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by David of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 17 above.
21 Severability
If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22 Entire agreement
22.1 These Conditions and any document expressly referred to in them constitute the whole agreement between you and David and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you and David relating to the subject matter of any Contract.
22.2 David and you each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
22.3 David and you each agree that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
22.4 Nothing in this Clause 22 limits or excludes any liability for fraud.
23 Our right to vary these Conditions
23.1 David has the right to revise and amend these Conditions from time to time.
23.2 You will be subject to the policies and Conditions in force at the time that you order Items from SAGL (acting on behalf of David), unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if David or SAGL (acting on behalf of David) notifies you of the change to those policies or these Conditions before SAGL (acting on behalf of David) sends you the Dispatch Confirmation (in which case David has the right to assume that you have accepted the change to the Conditions, unless you notify either David or SAGL (acting on behalf of David) to the contrary within seven working days of receipt by you of the Items).
24 Law and jurisdiction
Contracts for the purchase of Items through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the Scottish courts.
TERMS AND CONDITIONS - ARTWORK, PRINT OR OTHER ITEM CREATED BY ADRIANO MANOCCHIA
References in this privacy policy to "Adriano" means Adriano Manocchia of 87 Whitecreek Shunpike Road, Cambridge, New York 12816, USA.
These terms and conditions (together with the documents referred to in them) (Conditions) set out the terms and conditions on which Adriano supplies the original artworks and prints created by him (Items) displayed on the website: http://standrewsgolfart.com/ (Site) to you. Please read these Conditions carefully before ordering any Items from the Site because, by placing an order for any of the Items, you agree to be bound by these Conditions.
1 Information About SAGL
This Site is operated by St Andrews Golf Art Limited, a company registered in Scotland with registered number SC376701 and with its registered office at 57 Pettycur Road, Kinghorn, Fife, KY3 9RN ("SAGL"). SAGL is Adriano's disclosed agent.
2 Making a Contract with Adriano
2.1 By placing an order through the Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3 How the Contract is Formed Between You and Adriano
3.1 After placing an order, you will receive an e-mail from SAGL (acting on behalf of Adriano) acknowledging that your order has been received. This e-mail is not an acceptance of your order; it is just a confirmation that it has been received. Your order constitutes an offer to purchase an Item. All orders are subject to acceptance by Adriano, and Adriano will confirm such acceptance to you by SAGL (acting on behalf of Adriano) sending you an e-mail that confirms that the Item has been dispatched (Dispatch Confirmation). The contract between you and Adriano (Contract) will only be formed when SAGL (acting on behalf of Adriano) sends you the Dispatch Confirmation.
3.2 SAGL is authorised by Adriano to accept your offer on Adriano's behalf. Please note that although SAGL sends you the Dispatch Confirmation, the Contract is not between you and SAGL but is between you and Adriano.
3.3 The Contract will relate only to those Items whose dispatch has confirmed in the Dispatch Confirmation. Adriano will not be obliged to supply any other Items which may have been part of your order until the dispatch of such Items has been confirmed in a separate Dispatch Confirmation.
3.4 Adriano reserves the right to refuse any order at his discretion. Non-acceptance of an order may, for example, result from one of the following:
(a) the Item ordered being unavailable from stock;
(b) SAGL's (acting on behalf of Adriano) inability to obtain authorisation of payment; or
(c) the identification of an error within the product information, including price or promotion.
4 Links from the Site
4.1 SAGL may provide links on the Site to the websites of other companies, whether affiliated with SAGL or Adriano or not. Neither SAGL nor Adriano can give any undertaking that any items you purchase from companies to whose website SAGL has provided a link on the Site, will be of satisfactory quality, and any such warranties are disclaimed by SAGL and Adriano absolutely. This disclaimer does not affect your statutory rights against Adriano under the Contract.
5 Your Rights to Cancel as a Consumer under the Distance Selling Regulations
5.1 If you are contracting with Adriano as a consumer then, under the Consumer Protection (Distance Selling) Regulations 2000 (Regulations), you may cancel a Contract at any time within seven working days, beginning on the day after you received the Items. This is known under the Regulations as the 'cooling-off' period. In these circumstances, you will receive a full refund of the price paid for the Items in accordance with the refunds policy set out in Clause 9 below.
5.2 To cancel a Contract under Clause 5.1, you must inform either Adriano or SAGL (acting on behalf of Adriano) in writing. You must also return the Items to SAGL (acting on behalf of Adriano) as soon as reasonably practicable, and at your own cost.
5.3 This Clause 5 does not affect your other statutory rights as a consumer.
6 Availability and Delivery
6.1 All Items are subject to availability. As there is a delay between the time when your order is placed and the time when your order is accepted, the stock position relating to particular Items may change. If an Item you have ordered becomes out of stock before SAGL (acting on behalf of Adriano) accepts the order in accordance with Clause 3 then Adriano or SAGL (acting on behalf of Adriano) will notify you as soon as possible and you will not be charged for the out of stock Items.
6.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7 Risk and Title
7.1 The Items will be at your risk from the time of delivery to you.
7.2 Ownership of the Items will only pass to you when SAGL (acting on behalf of Adriano) receives full payment of all sums due in respect of the Items, including delivery charges.
8 Price and Payment
8.1 The price of the Items and the applicable delivery charges will be as quoted on the Site from time to time, except in cases of obvious error.
8.2 Item prices include VAT.
8.3 Item prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which SAGL (acting on behalf of Adriano) has already sent you a Dispatch Confirmation.
8.4 The Site contains a large number of Items (including items which have not been created by Adriano) and, as a consequence, it is always possible that, despite best efforts, some of the Items listed on the Site may be incorrectly priced. SAGL (acting on behalf of Adriano) will try to ensure that all pricing on the Site is accurate and will normally verify prices as part of the dispatch procedures so that, where an Item's correct price is less than the stated price, you will be charged the lower amount. If an Item's correct price is higher than the price stated on the Site, SAGL (acting on behalf of Adriano) will normally either contact you for instructions before dispatching the Item, or reject your order and notify you of such rejection.
8.5 Adriano is under no obligation to provide the Item to you at the incorrect (lower) price, even after the Dispatch Confirmation has been sent, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6 Payment for all Items must be by credit/debit card or through PayPal. Your details will be processed using the SagePay secure payment system. SAGL (acting on behalf of Adriano) accepts payment with Maestro, MasterCard, Visa, Visa Debit, Visa Electron. Your credit or debit card will not be charged until after your order is despatched. If, for any reason, there is a problem with collecting payment from your credit or debit card after SAGL (acting on behalf of Adriano) has confirmed receipt of your order, SAGL (acting on behalf of Adriano) will not be obliged to despatch your order to you.
9 Refunds Policy
9.1 In addition to your rights under the Regulations (please see above under Clause 5 for further information), if you are not completely satisfied with any Item then you can return it to SAGL (acting on behalf of Adriano) within 28 days of receipt for a refund.
9.2 If you return an item to SAGL (acting on behalf of Adriano):
(a) because you have cancelled the Contract within the seven-day cooling-off period provided for under the Regulations (see Clause 5 above), SAGL (acting on behalf of Adriano) will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, SAGL (acting on behalf of Adriano) will refund the price of the Item in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to SAGL (acting on behalf of Adriano);
(b) for any other reason, SAGL (acting on behalf of Adriano) will examine the returned Item and will notify you of your refund via e-mail within a reasonable period of time. SAGL (acting on behalf of Adriano) will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day SAGL (acting on behalf of Adriano) confirmed to you via e-mail that you were entitled to a refund. SAGL (acting on behalf of Adriano) will refund the price of a defective Item in full, any applicable delivery charges and any reasonable costs you incur in returning the item to SAGL (acting on behalf of Adriano).
9.3 You have a legal obligation to take reasonable care of the Items while they are in your possession. Where you have failed to take reasonable care of any Items, SAGL (acting on behalf of Adriano) reserves the right to refund you in full less any amounts due by way of compensation to either repair the Items or to cover any loss.
9.4 In all cases, Items must be returned in their original condition, which includes any packaging.
9.5 SAGL (acting on behalf of Adriano) will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.6 Adriano recommends that you use a postal service that insures you for the value of the Items you are returning.
9.7 SAGL (acting on behalf of Adriano) will be unable to accept the return of any Item and will not process your refund where you have failed to follow the refund policy set out in this Clause 9.
10 Information about Items
10.1 SAGL (acting on behalf of Adriano) has made every effort to display the Items featured on the Site as accurately as possible. However, please remember that shopping online is very different to shopping in-store. For instance, the colours used, as well as the display and colour capabilities of your particular computer monitor, may greatly affect the colours you actually see on the screen. Adriano cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor's display of any colour, texture, or detail of Items will be accurate/the same as the actual Item.
10.2 SAGL (acting on behalf of Adriano) will take all reasonable care to ensure that all details, descriptions and prices of Items appearing on the Site are correct at the time when the relevant information was entered onto the system. SAGL (acting on behalf of Adriano) reserves the right to refuse orders where product information has been mis-published, including prices and promotions. Please see further conditions in relation to errors in pricing in Clause 8.
10.3 Print sizes can vary slightly between production batches. For this reason, Adriano strongly recommends that you wait to receive your unframed prints before purchasing a frame. If you have any questions about any Items (whether relating to sizing, description or otherwise) then please contact SAGL (acting on behalf of Adriano) at: info@standrewsgolfart.com.
11 Warranty
11.1 Adriano warrants to you that any Item purchased through the Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Items of that kind are commonly supplied.
11.2 To be clear, the warranty set out in Clause 11.1 applies only to those Items created by Adriano and not to any items created by any other artists which you may purchase through the Site.
12 Liability
12.1 Subject to Clause 12.3, if Adriano fails to comply with these Conditions, Adriano will only be liable to you for the purchase price of the Items and, Subject to Clause 12.2, any losses that you suffer as a result of his failure to comply (whether arising in contract, delict (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
12.2 Subject to Clause 12.3, Adriano will not be liable for losses that result from his failure to comply with these Conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this Clause 12.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this Clause 12.2.
12.3 Nothing in this agreement excludes or limits Adriano's liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective Items under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for Adriano to exclude or attempt to exclude his liability.
13 Import Duty
13.1 If you order Items from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that Adriano has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Items are destined. Adriano will not be liable for any breach by you of any such laws.
14 Privacy Policy
SAGL will process information about you in accordance with its privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
15 Terms of Use
SAGL has set out additional conditions in relation to your use of our Site in its terms of use. By using the Site, you agree to abide by and be bound by those conditions.
16 Written communications
Applicable laws require that some of the information or communications Adriano or SAGL (acting on behalf of Adriano) sends to you should be in writing. When using the Site, you accept that communication with Adriano or SAGL (acting on behalf of Adriano) will be mainly electronic. Adriano or SAGL (acting on behalf of Adriano) will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Adriano or SAGL (acting on behalf of Adriano) provides to you electronically comply with any legal requirement that such communications be in writing. This Clause 16 does not affect your statutory rights.
17 Notices
All notices given by you to Adriano must be given to Adriano Manocchia at info@adriano-art.com . All notices given by you to SAGL (acting on behalf of Adriano) must be given to St Andrews Golf Art Limited at info@standrewsgolfart.co.uk. Adriano or SAGL (acting on behalf of Adriano) may give notice to you at either the e-mail or postal address you provide to SAGL (acting on behalf of Adriano) when placing an order, or in any of the ways specified in Clause 16 above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18 Transfer of rights and obligations
18.1 The contract between you and Adriano is binding on you and Adriano and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 Adriano may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of his rights or obligations arising under it, at any time during the term of the Contract.
19 Events outside Adriano's control
19.1 Adriano will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under a Contract that is caused by events outside his reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond his reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
19.3 Adriano's performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and Adriano will have an extension of time for performance for the duration of that period. Adriano will use his reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which his obligations under the Contract may be performed despite the Force Majeure Event.
20 Waiver
20.1 If Adriano fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if Adriano fails to exercise any of the rights or remedies to which he is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by Adriano of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by Adriano of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 17 above.
21 Severability
If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22 Entire agreement
22.1 These Conditions and any document expressly referred to in them constitute the whole agreement between you and Adriano and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you and Adriano relating to the subject matter of any Contract.
22.2 Adriano and you each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
22.3 Adriano and you each agree that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
22.4 Nothing in this Clause 22 limits or excludes any liability for fraud.
23 Our right to vary these Conditions
23.1 Adriano has the right to revise and amend these Conditions from time to time.
23.2 You will be subject to the policies and Conditions in force at the time that you order Items from SAGL (acting on behalf of Adriano), unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Adriano or SAGL (acting on behalf of Adriano) notifies you of the change to those policies or these Conditions before SAGL (acting on behalf of Adriano) sends you the Dispatch Confirmation (in which case Adriano has the right to assume that you have accepted the change to the Conditions, unless you notify either Adriano or SAGL (acting on behalf of Adriano) to the contrary within seven working days of receipt by you of the Items).
24 Law and jurisdiction
Contracts for the purchase of Items through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the Scottish courts.