By using the website and placing an order you are in agreement of with the terms and conditions and therefore have entered a legally binding agreement with the artist Titch Anstey.

Definitions

(1) “Artwork” means the pieces of art/artwork/products which a Buyer agrees to buy from the Website, as described in the individual listing on the Website.

(2) “The Artist” refers to Titch Anstey.

(3) “Buyer” or ‘’Customer’’ means the person and/or organisation who uses the Website and may buy Artwork.

(4) “Consumer” shall have the meaning ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

(5) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.

(6) “Mainland UK” includes many delivery addresses in England, Wales, N Ireland and mainland Scotland but does exclude some postcodes. Please contact us and confirm those excluded postcodes prior to ordering.

(7) “Order confirmation” means the email confirming the Buyer’s order and will confirm such details as what the Artist has agreed to supply, the price and expected delivery/supply date.

(8) “Standard Delivery” means a method of delivery within Mainland UK, using a carrier approved by us, which is insured to at least to the value of the sale price for the Artwork being sent and for which the carrier obtains a signature upon delivery to show receipt.

(9) “Terms and Conditions” means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed in writing by us.

(10) “Website” means the website and all content at titchansterart.com

(11) “Working Days” means any day Monday to Friday from 10am to 5pm, excluding all public and bank holidays in England and Wales. 

2. Conditions

(1) These Terms and Conditions which apply to the use of the Website and purchase of Artwork, prevail over any other agreement, documentation or communication whatsoever between us and can only be varied if agreed between us in writing. Any special conditions which apply will be set out in the Order Confirmation.

(2) Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.

(3) From time to time we may change these Terms and Conditions and it is your responsibility to check the Terms and Conditions which apply at the time of your order. We also advise you print these terms as soon as you have placed your order.

(4) Any queries should be made in writing via email.

3. The Artwork

(2)(a) Details of the Artwork for sale are displayed on the Website. If you need any other information or you have any queries you can contact the Artist directly.

(b) Any quotes will be valid for a period of 14 days. Any specification, descriptions or Artwork details in any format or any form of advertising material are shown by us to provide some indication of the Artwork and are not part of any agreement unless specifically stated within the Order Confirmation.

(3)(a)(i) You can place an order for an Artwork by following the Website guidance. The Artist reserves the right not to accept orders for any reason.

(ii) Once your order has been accepted you will be provided with an Order Confirmation email which is your proof of payment.

(b) Details of the Artwork which will be supplied to you are contained within the Order Confirmation. Only the Artwork as detailed in the Order Confirmation is included. 

(4) If the Artist is unable to supply any Artwork then we will, at our sole discretion, either

(a) Offer an alternative OR

(b) Cancel the order, and you will be provided with a full refund within 14 days.

4. Price and payment

(1) The Website accepts payment for online purchases via PayPal and credit or debit cards. The price of the Artwork is as displayed in GBP on the Website at the time of purchase. The price that you will pay will be confirmed in the Order Confirmation and the payment facilitator will supply you with your invoice.  Unless otherwise specified in writing, you must pay in advance before Artwork is despatched.

(2)(a) The total Price will include standard delivery if applicable within Mainland UK. This will vary according to the artwork and its particular requirements. The Artist will provide carrier details in your despatch email.

(b) An additional charge will be made for anything other than standard delivery according to the address, size and weight of the Artwork. This will usually be displayed in the description on the Artwork page or, where it is not displayed you can contact the Artist directly by email.

5. Delivery

(1)(a)(i) Delivery is arranged by the Artist to the address, as provided by you on the Order Confirmation, or by local pickup if required. The Artist offers shipping to addresses within the mainland United Kingdom only, using various courier services.
(ii) All items purchased online are available for local pickup, arranged when the order has been placed and paid for.

(iii) Delivery times are estimates and not guaranteed

(b) Multiple pieces of Artwork may be despatched individually. (Please also see 1(iv))

(c) The Artist may offer a range of delivery options (different shipping methods and services) so please ensure that you, the Buyer, select the option you require. However, sometimes these options may be limited because of the type of Artwork. If you have any queries about shipping please contact the Artist directly by email.

(d)Items available for sale in the online shop have different shipping rates, depending on their weight, dimensions and value. If items in the customer’s order have different shipping rates, the highest rate will apply.

(e) Although you may have a choice of delivery options, where applicable (such as exercising certain consumer rights), only any basic delivery charges (the cheapest) paid by you are refundable, unless the Artwork that is supplied to you by the Artist is damaged or faulty.

(f) If you have any particular shipping requirements then you must please contact the Artist directly by email.

(2)(a) The Artist aims to dispatch Artwork to you within 14 days of the date of accepting your order to comply with the law. If there is going to be a delay the Artist will let you know by email so you can cancel your order or choose another piece of Artwork.

(b) However, despatch and delivery times are only estimates and the Artists is not responsible for late delivery or unavailability of Artwork.

(2) If for some reason the Artist is unable to dispatch the exact Artwork you have ordered, then the Artist will either refund the price paid for that item or will contact you and offer you an alternative item.

(3)(a) You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork. Risk in Artwork passes to you upon delivery of the Artwork.

(b) Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.

(4) Delivery of Artwork will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the Artwork but also the state of the package received.

(5) When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, ‘Received Damaged’. In the subsequent event that the Artwork is found to be damaged, please email the Artist.

7. Consumer cancellation rights

(1) This clause only applies to you if you are a Consumer and want to exercise your Consumer cancellation rights.

(2)(a)(i) Consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to the Artist (see clause 7(3) and 7(4) following), to obtain a refund. The Artist is committed to ensuring that they abide by your rights.

(3)(a) If you would like to return your order, please confirm this in writing by contacting the Artist directly using the information sent to you with the artwork, or emailing within 14 days following the date you received your order (or from the date you received the last item which completed your order). We will then help you with information about the Returns Method, about how and when to return the item to us or we may also wish to assist by arranging collection of the Artwork from you.

(b) However, once you have cancelled in writing, items can be returned to the Artist (see clause 7(4) following) although we do advise you to contact us first, before simply returning an item so that we can help you to return the Artwork. Please also see clause 8(4) following.

(4) Unless it has been agreed otherwise (see clause 7(3) above)

(a) Artwork should be returned unused and in perfect condition with the original packaging, within 14 days of the date you advise us of your cancellation, at your expense to the Artist using the postal address as provided on the invoice unless the Artist has specifically provided you with an alternative for the return. We always advise that you return Artwork using a service which provides you with proof of sending.

(b) Unless your item is faulty or we have agreed otherwise with you prior to you returning the Artwork, then you will be responsible for the costs in returning the item to the Artist.

(5) We ask that you please repackage the Artwork in its original packaging securely, to guard against damages, and remove all shipping labels and, where applicable, print the address and shipping label sent to you by the Artist and attach to the parcel.

(6) The law enables sellers (the Artist) to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.

(7) Unless you have lost the right to cancel, when you cancel an order for Artwork the artist will refund the amount you paid for the Artwork and the standard delivery costs (the cheapest option we provide).

(8)(a) Where you cancel an order for Artwork then you will be refunded within 14 days of

• the date the artist receives the Artwork
• the date you supply us with evidence of having sent the Artwork back to the artist

whichever is sooner.

(b)(i) Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.

8. Faults, problems with your order and returns

(1)(a) Where there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, then we ask that you contact the Artist directly using the information sent with the artwork by emailing the Artist within 14 days after the day you received the Artwork.

(b) Consumers may have a right to reject some faulty Artwork but this right is limited to 30 days from the date you purchased the Artwork.

(2) Once you contact us then, on behalf of the Artist, we will assist you as much as possible by liaising between Buyers and Artists to deal with any problems.

(3) Depending on the problem with your order we or the artist will advise you whether;-

(a) You should send photos of the damaged Artwork and packaging and retain the artwork as you are advised should the courier, Artist (or their representative) wish to inspect it and/or

(b) The Artist will make arrangements for a carrier to collect the Artwork from the address the Artwork was delivered to. Collection will usually be Monday – Friday, 8am – 7pm or

(c) The artist will ask you to return the Artwork to them

(d) You should retain the Artwork and all original packaging for 30 days so that it can be inspected

(4) When returning any Artwork we ask that you please repackage the goods securely, to guard against damages, and remove all shipping labels and print the address and/or return label sent to you, and attach it to the parcel.

(5) Within 14 days of receipt of the faulty Artwork the Artist will either

(a) repair the Artwork OR

(b) provide a replacement OR

(c) provide a refund, to include any delivery charges you paid when you placed your order

(6) Refunds are made with 14 days of the date the Artwork is receive using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account

(7)The Artist only stores personal details of the customer, such as name, address, telephone number, email, necessary to process the order. Read our Privacy Policy to find out more.

9. Limitation of liability and indemnity

(1) Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.

(2) We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.

(3) Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork.

(4) You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.