Terms and Conditions of Sale

Last Updated: 21st October 2023

Website: www.janetgrayart.com
Business Name: Janet Gray Art
Contact Email: janetgray20@icloud.com

Please read these Terms and Conditions carefully before placing an order. These Terms constitute a legally binding agreement between you (the "Customer") and Janet Gray Art ("we," "us," "our," "the Artist").

By placing an order via this website, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.

1. The Artist
The business "Janet Gray Art" is operated by the artist, Janet Gray. All artworks are original pieces created by Janet Gray.

2. Intellectual Property & Copyright
2.1. Ownership of Physical Artwork: Upon full payment and completion of the sale, physical ownership of the original oil painting is transferred to the Customer.
2.2. Retention of Copyright: Janet Gray retains the entire copyright and all intellectual property rights to all artwork sold, including the right to reproduce the artwork in any format (e.g., prints, digital images, merchandise) and to use images of the artwork for promotional purposes (including on social media, in print, and on this website). The copyright is not transferred with the sale of the physical piece.
2.3. Prohibited Use: The Customer may not reproduce, distribute, or commercially exploit the artwork image in any form without the express prior written consent of Janet Gray. This includes, but is not limited to, making prints, sharing high-resolution images online for download, or using the image on products for sale.

3. Orders & Purchasing
3.1. Product Descriptions: We make every effort to ensure that colours and details of artwork displayed on the website are as accurate as possible. However, slight variations may occur due to individual monitor settings.
3.2. Pricing and VAT: All prices are listed in British Pounds Sterling (£). The artist is not VAT registered, and therefore no VAT is charged on any purchases.
3.3. Order Acceptance: All orders are subject to acceptance and availability. We reserve the right to refuse or cancel an order for any reason, including but not limited to, issues with payment, availability of the artwork, or suspected fraudulent activity.
3.4. Commissioned Work: Terms for commissioned pieces, including price, deposit, timeline, and number of preliminary sketches, will be agreed upon in a separate written agreement prior to the commencement of work. Commissions are subject to a separate and distinct set of terms regarding revisions and final sale.

4. Shipping & Delivery
4.1. Available Artwork: For artwork listed as "Available," we aim to dispatch within 5-7 business days of order confirmation. Dispatch times are estimates and not guaranteed.
4.2. Commissioned Artwork: Shipping for commissioned pieces will be arranged upon completion of the painting. An estimated dispatch date will be provided during the commission process.
4.3. Shipping Cost: The Customer is responsible for all shipping costs, which will be clearly displayed and added to the total at checkout.
4.4. Risk and Title: Title and risk of loss or damage to the artwork pass to the Customer upon our handover of the packaged artwork to the shipping carrier. We package all artworks with professional care to ensure their safety during transit.

5. Return & Refund Policy
This policy is designed in accordance with your statutory rights under the UK Consumer Rights Act 2015.
5.1. Statutory Rights: This policy does not affect your statutory rights. Goods must be as described, of satisfactory quality, and fit for purpose.
5.2. Returns for Available Artwork (Non-Commissioned):
* We accept returns only if the artwork is damaged upon arrival or is significantly not as described.
* To initiate a return, you must contact us via email at janet@janetgrayart.com within 7 days of receipt, providing photographic evidence of the issue.
* Returns for reasons of personal taste (e.g., the colour doesn't match your décor) are not accepted.
5.3. Return Process:
* Upon approval of your return request, we will provide a return shipping address.
* You are responsible for the cost of return shipping and must ensure the artwork is repackaged in its original, professional-grade packaging to prevent damage in transit.
5.4. Refunds:
* Once we receive the returned artwork in its original, undamaged condition, we will process a full refund for the cost of the artwork to your original payment method.
* The original outbound shipping cost is non-refundable.
5.5. Commissions: All commissioned artworks are final sale and are not eligible for return or refund. This is because they are made to your specific personal requirements, as permitted under the Consumer Contracts Regulations 2013. The only exception is if the artwork arrives damaged, in which case the process in clause 5.2 applies.

6. Liability
6.1. Janet Gray Art shall not be liable to the Customer for any indirect, special, or consequential loss or damage arising out of or in connection with the purchase of artwork.
6.2. Our total liability to you in respect of all other losses shall not exceed the purchase price of the artwork you have paid.

7. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

8. Changes to Terms and Conditions
We reserve the right to update these Terms and Conditions at any time. The latest version will always be posted on our website, and the "Last Updated" date will be amended accordingly. Continued use of the site after changes constitutes acceptance of the new Terms.