This page (together with the documents referred to on it) tells you the terms & conditions on which we supply our products described on our website www.johnbriggswatercolour.uk to you (“products”). Our primary products are; Watercolour Canvas Prints, Posters & Watercolour Print Gift Ideas.
Please read these terms and conditions carefully before ordering any products from our website. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our website.
1. Privacy policy and contact.
1.1. You acknowledge and agree to be bound by the terms and conditions of our privacy policy.
1.2. By placing an order for the products, you consent to us sending to you email. email is our primary method of communicating with you and will inform you about your products you have purchased and any other communications.
2. Information about us.
2.1. John Briggs Watercolour and www.johnbriggswatercolour.uk is a website owned and operated by John Briggs.
3. Your status.
3.1. By placing an order through our website, you warrant that:
3.1.1. you are legally capable of entering into binding contracts.
3.1.2. you are at least 18 years old.
3.1.3. If you are acting on behalf of someone else, a company or other business, you further warrant that you personally have the authority to bind that other person, company or business on whose behalf you are making a purchase.
4. The order process.
4.1. To make a purchase select from any options available and click the add to basket button.
4.2. You will see below the add to basket button a link to view your basket, or alternatively click the basket link on the website header menu.
4.3. On the basket page you can review your basket and make any quantity amendments, the cart page will automatically update. From here you can continue to browse our website or if you are happy with what is in your basket you can proceed to the checkout by clicking the proceed to checkout button at the bottom of the basket page.
4.4. Once on the checkout page you will need to fill in your billing details and delivery address. You can check the checkbox to create an account, an email will be sent for you to set your password. There is an order notes section if you need to add any extra delivery information, i.e. Leave parcel with neighbour etc. Once you add your payment details you will need to check the checkbox that says you have read and agree to our terms and conditions. Next click the checkout button. If your payment was successful you will be redirected to the purchase summary page where you will see details of the products you have just purchased. We will have also sent you and email too with the information about your purchase. When your purchase is on it’s way you will receive another email from us to let you know.
4.5. If you opted to create an account with us you can also see your purchases in the My account page and if you purchase again whilst logged in the checkout forms will be pre-filled with your details, saving time the next time you make a purchase with us. You must keep your user name and password secret at all times and not allow anyone else to use it. You must contact us immediately if you believe your user name and password has become known to someone else.
5. How the contract is formed between you and us.
5.1. After making a purchase, you will receive an e-mail from us confirming we’ve recieved your order. The contract between us (“Contract”) will only be formed upon successful payment for your products.
5.2. The Contract will relate only to those products we have confirmed in the order recieved email.
6. Our status.
6.1. 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 products or services you purchase from companies to whose website we have provided a link on our website 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.
7. Consumer rights.
7.1. Under the consumer rights act you have the right to cancel any time within 14 days, however due to the nature of the products we sell you will need to cancel your order within 24 hours of Purchase as once the purchase has gone to print you will no longer be able to cancel without a late cancellation fee.
7.1.2. If you cancel your order within 24 hours you will receive a full refund.
7.2. Cancellation after the 24 hour deadline will result in a 10% deduction from the refund amount.
8. Refund & Returns Policy
8.1. Once the Contact has been formed you may, subject to clause 8.2, cancel the Contract in relation to our services, you may cancel at any time up to 24 hours from making the order to qualify for a full refund. If you do so, you will receive a full refund of the price paid. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
8.2. To cancel the Contract under clause 8.1, you must contact us by email.
8.3. If cancellation takes place after the limited time period you will receive a refund less the 10% late cancellation fee.
8.4. We will only accept returns for faulty or damaged in transit products. If your purchase falls in to this category please contact us by email along with supporting photos of the damage. We will send you a replacement once we have received back the damaged product with it’s original packaging to our address which can be found on the contact page.
8.4.1. The customer covers the price of return. Tracked post is recommended as we accept no liability for items lost in transit.
8.4.2. We do not accept returns for change of mind purchases.
9. Price and payment.
9.1. The price of any products will be as quoted on our website.
9.2. The total cost of your purchase will be set out clearly on the checkout page.
10. Support.
10.1. If you require any support reach out to us through our contact form on our contact page.
11. Our liability.
11.1. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
11.2. We do not exclude or limit in any way our liability:
11.2.1. For death or personal injury caused by our negligence.
11.2.2. Under section 2(3) of the Consumer Protection Act 1987.
11.2.3. For fraud or fraudulent misrepresentation.
11.2.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.3. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
11.3.1. Loss of income or revenue.
11.3.2. Loss of business.
11.3.3. Loss of profits or contracts.
11.3.4. Loss of goodwill.
11.3.5. Wasted management or office time.
11.4. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.
12. Duration of the Services and cancellation.
12.1. That part of the Contract relating to a purchase will commence on the day of purchase. It will continue until you have received your purchase. Cancellation must take place within 24 hour of purchase. Late cancellation will result in a 10% late cancellation fee deducted from the refund.
12.2. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.
13. Deletion of your data.
13.1. If you wish to know what data we hold about you and would like us to delete that data, simply write to us at our business address which can be seen on the contact us page.
13.2. Please allow up to 30 days for this request to be carried out.
14. Additional terms.
14.1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
15. Written communications.
15.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, 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 condition does not affect your statutory rights.
16. Notices.
16.1. All notices given by you to us must be given though our contact form on the contact us page or in writing by mail. We may give notice to you at either the then current e-mail or postal address registered against your account with us.
17. Third party rights and transfer of rights and obligations.
17.1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
17.2. The Contract is binding on you and us and on our respective successors and assigns.
17.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. Events outside our control.
18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
18.2. 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:
18.2.1. Strikes, lock-outs or other industrial action.
18.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
18.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
18.2.4. Impossibility of the use of public or private telecommunications networks.
18.2.5. The acts, decrees, legislation, regulations or restrictions of any government.
18.3. Our performance under the Contract will be 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.
19. Waiver.
19.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16.
20. Severability.
20.1. If any of these terms and conditions or any provisions of the 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 and conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement.
21.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
21.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
21.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
22. Intellectual Property Rights.
22.1. John Briggs retains all intellectual property rights to the original artworks used in the print products.
22.2. Ownership of a print product does not grant you a licence to the original artwork for copying or redistributing the artwork.
22.3. No copying, re-printing, or distribution without written consent from John Briggs, or where stated on the website, i.e. sharing across social media is permitted.
23. Our right to vary these terms and conditions.
23.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements.
23.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and 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 terms and conditions before we send you the purchase confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the purchase Confirmation).
23.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
24. Law and jurisdiction.
24.1. Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.
