Terms and Conditions of artist’s proof, limited edition and open print sales, and fine art greeting cards.
0.1 These terms and conditions apply to the purchase of all forms of print and greeting card ( herein “limited edition print”, “print”, ”card”, “greeting card”, “fine art greeting card”) across all editions – including “open edition”, “limited edition” and “artist’s proof” – regardless of payment amount
0.2 The terms and conditions below form part of the contract between us (“our”, “The art of Baz”, “we”) and you (“buyer”, “customer”, “you”) and are the basis on which any disagreement will be considered.
0.3 By purchasing a limited edition print or greeting card, you are acknowledging and agreeing to the terms and conditions set about below.
- Definition of Editions
1.1 “Artist’s Proof” – A fine art print, limited to a maximum edition run of 5 worldwide across all sizes. Each artist’s proof print is hand signed and marked with the edition type and number by Baz.
1.2 “Limited Edition” – A fine art print, limited to a maximum edition run of 250 worldwide across all sizes. Each limited edition print is inspected, hand signed and marked with the edition type and number by Baz.
1.3 “Open Edition” – A reproduction print, unlimited in number worldwide, produced as part of a larger edition run with no signature or certification.
- Customer Responsibilities
2.1 By purchasing a print/greeting card, you are confirming that you have read the associated print/card description, and selected the appropriate edition type and size as required by you.
- Ordering
3.1 All orders must be submitted via this website (“https://www.theartofbaz.co.uk “, herein “website”, “online shop”) in accordance with the instructions set out on each step and page of the checkout process.
3.2 You are responsible for ensuring the completeness and accuracy of your order details and The art of Baz will not be liable for any failure by you to provide complete and accurate information in your order.
3.3 Orders may only be deemed to have been accepted by us upon your receipt of our order confirmation in writing (which may be by e-mail), along with relevant order reference number.
3.4 We reserve the right to:
3.4.1. Reject any order submitted by you for any reason. Note, in particular, that orders by customers in certain countries may be held for inspection and checks for fraudulent payment methods prior to acceptance by us.
3.4.2. Cancel any order before delivery of the relevant print/card in the event any payment of the full order value fails.
3.5. Without limitation to any provisions relating to Limitation of Liability, we will not be liable or otherwise responsible for any loss or damage caused to you by cancellation of an order by us.
- Delivery
4.1 Standard production and delivery times are 3-5 days from the point of order, although we will always endeavour to reduce this where possible. Please note that with the current Covid-19 crisis postal deliveries may be delayed.
4.2 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
4.3 Delivery will be completed when we deliver the prints/greeting cards to the shipping address you gave us when ordering.
4.4 If no one is available at the shipping address to take delivery, it will be up to you to collect from the depot described on the delivery notice.
4.5 The prints/greeting cards will be your responsibility from the completion of delivery.
4.6 You own the prints/greeting cards once we have received payment in full, including any applicable delivery charges.
4.7 You are responsible for inspecting the external packaging of the prints/greeting cards, on receipt, and marking any noticeable damage on the delivery confirmation receipt as required by the courier.
4.8 Any items which are significantly damaged must be rejected by you, and returned to the courier at the point of attempted delivery. You must immediately inform us of any delivery rejection in order that we can contact the courier to resolve the situation.
4.9 Should any damage be discovered at the point of delivery, you must provide us with photographs of the specific areas of concern along with the entire package, with shipping label showing, to assist in our ability to raise a suitable claim with the courier.
4.10 Failure to inform us of any damage to the prints/cards within 24 hours of the courier’s delivery receipt will mean you have confirmed your acceptance of your order in good condition.
- Returns
5.1 All print and greeting card orders are for custom, on-demand fine art prints and greeting cards. As such, the right to cancellation under the Consumer Protection (Distance Selling) Regulations does not apply. Returns will only be considered where damage has been incurred.
5.2 Any order which has been damaged prior to delivery, where you have informed us within 24 hours of the delivery attempt (subject to the provisions in clause 4 – “Delivery”), will be replaced by us free of charge with a duplicate copy of the same print/card as ordered, upon return of the damaged item.
5.2 All orders that are delivered and confirmed as undamaged, or where we have not been informed of any courier damage within 24 hours of delivery, are deemed to have been accepted by you in good condition and will no longer be replaced by us for free on return of the damaged item for disposal.
5.3 Any damage caused after successful delivery is the responsibility of the customer, and any replacements will only be provided subject to payment of the current print price on the website.
5.4 Damage caused during self-organised framing or mounting is the responsibility of the customer, and no refund will be made for prints/greeting cards that have been spoiled in this way.
- Customs, Excise Duties & Import Taxes
6.1 All prints and greeting cards are produced and shipped from the United Kingdom.
6.2 As a responsible international seller, we are legally bound to provide information to the relevant import and export authorities when shipping prints/cards to countries outside of the UK.
6.3 We will ensure, where appropriate, that the value stated for the purposes of import and export to the country of delivery is accurate and correct, reflecting the actual material replacement cost of the order.
6.4 The payment of any import customs charges, duties and taxes, whether local or international, are the responsibility of the customer.
6.5 Any deliveries which are returned due to non-payment of customs charges, duties or other taxes will be considered complete and non-refundable.
- Events Outside of Our Control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by an event outside our control.
7.2 An event outside of our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7.3 If an event outside of our control takes place that affects the performance of our obligations under this contract:
7.3.1 we will contact you as soon as reasonably possible to notify you; and
7.3.2 our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control. Where the event outside of our control affects our delivery of your prints/cards to you, we will arrange a new delivery date with you after the event outside of our control is over.
- Price of Prints/Greeting Cards & Delivery
8.1 The prices of the prints/cards will be as quoted on our site from time to time. We take all reasonable care to ensure that these prices are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of prints/cards you ordered, please see clause 8.4 for what happens in this event.
8.2 Prices for our prints/cards may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation.
8.3 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to the “Postage and Packaging” line at checkout.
8.4 It is always possible that, despite our reasonable efforts, some of the prints/greeting cards on our site may be incorrectly priced. If we discover an error in the price of a print/card you have ordered we will inform you of this error and we will give you the option of continuing to purchase the print/card at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the prints/cards to you at the incorrect (lower) price.
- Print and Greeting Card Formats
9.1 Unless stated otherwise, all prints are delivered with a backboard and mount of your choice and in protective packaging. All greeting cards include an envelope, and are delivered in eco-compostable film packets and card-backed envelopes. Large orders of prints/cards will be dispatched in similar suitable protective packaging. .
9.2 All images on this website are intended to be an indicative preview of the final output and should not be relied upon as a completely accurate representation of the final product.
9.3 You hold sole responsibility for framing or mounting your prints/cards, including any damage caused during this process as detailed in section 5.
- Copyright and Ownership
10.1 By purchasing a print/greeting card from us, you understand that you own a copy of an original drawing/painting as captured by the original creator, Baz.
10.2 At no point do you, or will you, own the copyright of any image purchased from us as a print or greeting card.
10.3 Prints/cards may not be reproduced, copied, shared electronically or used for any commercial purposes without our prior, express, permission and any applicable fee (as determined by us) being paid.
10.4 It is illegal to produce copies of any work which is copyrighted by us, and we reserve the right to request legal assistance to enforce any applicable laws should any breach of copyright be discovered.
- Payment
11.1 You can pay for prints and greeting cards using Paypal or our chosen secure credit card gateway, online.
11.2 Payment for the prints/cards and all applicable delivery charges must be made in advance.
11.3 Upon our sending of your order confirmation by email, this contract is then deemed to be in force and all applicable clauses and terms apply.
11.4 Once delivery of your order has been signed for as accepted, your order and payment are considered complete.
- Our Right to Vary These Terms
12.1 We may revise these Terms from time to time.
12.2 Every time you order prints and greeting cards from us, the Terms in force at that time will apply to the Contract between you and us.
12.3 The Terms applicable to your contract will be determined as those published and active on the date your order was placed.
- Jurisdiction and Disputes
13.1 These terms are governed by English law.
13.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing..
13.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise..
13.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.7 This Contract for the purchase of prints and greeting cards through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
13.8 We will not file a copy of the Contract between us.
- Current Version of these Terms & Conditions
14.1 These Terms and Conditions were last updated on 26th April, 2021 and replace any prior versions in their complete form.
Questions about the Terms and Conditions should be sent to us at contact@theartofbaz.co.uk.