ANNABEL MURPHY ART TERMS & CONDITIONS
These terms may have changed since you last reviewed them. Please read them carefully before going ahead with your order.
Where to find information about us and the art works we sell. You can find everything you need to know about us, Annabel Murphy Art, and the art works we sell on our website before you order. We also confirm the key information to you in writing after you order, either by email or on paper.
We only accept orders when we've checked them. We contact you to confirm we've received your order and we accept your order when we dispatch or supply the product to you.
Sometimes we reject orders. Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We charge you when you order. However, for some orders we may take payment at regular intervals, as explained to you during the order process. You will own a work once we have received payment in full.
We charge interest on late payments. If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We may charge VAT and may pass on any increases. If we charge VAT, this is clearly stated when you place an order. If the rate of VAT changes between your order date and the date we supply the art work, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We're not responsible for delays outside our control. If our supply of your art work is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can call us on 07771 551677 or email us at annabeljmurphy@gmail.com to end the contract and receive a refund for any works you have paid for in advance, but not received, less reasonable costs we have already incurred.
Art works may have imperfections or vary slightly from their pictures. The art works we sell are often vintage works that have previously been owned by others and have been subject to usual wear and tear. We always aim to provide an accurate description on our website, including photographs, but these works are likely to have imperfections, which often add to their appeal.
Please check the photographs and written description of an art work carefully to make sure you are happy with its condition, and ask us if you have any questions before you place an order. If you return an art work, we are not able to refund the delivery or return costs. Please be aware that the true colours of an art work may not exactly match what is shown on your device or in our marketing or its packaging may be slightly different.
Please note that we do not usually arrange for art works to be professionally cleaned. If we do so, we will mention this is in the description. Otherwise, we may simply dust art works lightly before sale.
We are not responsible for original frames or fixings. If we consider the frames or wire and fixings of an art work we acquire are not satisfactory, we may replace them before making the work available for sale. We will indicate in the description and pictures of an art work whether we have done so. Please check the description and pictures carefully before placing an order. If we offer an art work for sale without having changed the frame or wire and fixings, the frame or wire and fixings are provided ‘as is’ without any assurances as to quality or origin, and we strongly recommend you check their condition and consider replacing them where appropriate.
We do not guarantee authenticity. We carefully select the art works we sell based on the attributes of the works themselves, such as composition or colours. We cannot guarantee that any date or signature on any art work we sell is genuine or that the art work is otherwise authentic.
You're responsible for making sure your order is suitable for your requirements. You are responsible for ensuring you are happy that all your order details are correct and suitable for your requirements, including any dimensions or other measurements, particular art work features and delivery details.
If you bought online, over the telephone or on your doorstep, you have a legal right to change your mind. For most of our art works bought online or over the telephone, you have a legal right to change your mind about your purchase within 14 days from purchase, and to receive a refund of what you paid for it, including the delivery costs. However, you would need to pay the costs of safe return to us, and this right is subject to some conditions, as set out below.
When you can't change your mind. You can't change your mind about an order for goods that are made to your specifications or are clearly personalised.
The deadline for changing your mind. If you change your mind about a purchase you must let us know no later than 14 days after the day we deliver your art work. If you order several art works for which delivery is split into several deliveries over different days, the period runs from the day after the last delivery.
How to let us know. To let us know you want to change your mind, call us on 07771 551677, or email us at annabeljmurphy@gmail.com
You have to return the product at your own cost. You have to return your purchase to us within 14 days of your telling us you have changed your mind. Returns are at your own cost.
You can send the art work back to us, using an appropriate delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for goods which can't be posted, see Shipping & Returns for our returns process: or call us on 07771 551677 or email us at annabeljmurphy@gmail.com.
We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged an art work. If you handle the art work in a way which reduces its sale value, we reduce your refund, to compensate us for its reduced value. If you would like to understand whether we're likely to reduce your refund, you can call us on 07771 551677, or email us at annabeljmurphy@gmail.com.
When and how we refund you. If you purchased an art work that hasn't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If you're sending an art work back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
You have rights if there is something wrong with your purchase. If you think there is something wrong with the item you have purchased, you must contact us by calling us on 07771 551677 or emailing us at annabeljmurphy@gmail.com. We honour our legal duty to provide you with art works that are as described to you on our website and that meet all the requirements imposed by law.
We can change the selection of art works we offer and these terms. We are always seeking to provide an appropriate range of art works to meet our customers’ wishes. We may remove or add works to the selection we offer at any time. We may also amend these terms from time to time. Every time you wish to place an order, please check these terms to ensure you understand the terms that apply at that time.
We can end our contract with you. We can end our contract with you for a purchase and claim any compensation due to us if:
you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the art work, for example, concerning dimensions or any specific arrangements for delivery;
you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.
We don't compensate you for all losses caused by us or the art works we sell. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
Avoidable. Something you could have avoided by taking reasonable action.
A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
We use your personal data as set out in our Privacy Policy. How we use any personal data you give us is set out in our Privacy Policy.
We will try to resolve any disputes amicably. We value your business and will do our best to resolve any problems you have with us or any purchase you make amicably. If you have a concern, please contact us in the first instance by calling us on 07771551677 or emailing us at annabeljmurphy@gmail.com.
If we cannot agree on a resolution with you, then these terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
We can transfer our contract with you, so that a different organisation is responsible for supplying your art work. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can call us on 07771 551677 or email us at annabeljmurphy@gmail.com to end the contract within 7 days of us telling you about it and we will refund you any payments you've made in advance for any art works not provided.
You can only transfer your contract with us to someone else if we agree to this. We may not agree to this.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
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WEBSITE TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These terms tell you the rules for using our website www.annabelmurphyart.co.uk (our site).
Who we are and how to contact us. www.annabelmurphyart.co.uk is a site operated by Annabel Murphy Art ("We"). Our main trading address is Fallowfield House, Wall, Hexham, Northumberland NE46 4EZ. To contact us, please call us on 07771551677, or email us at annabeljmurphy@gmail.com
By using our site you accept these terms. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
There are other terms that may apply to you. These terms of use refer to the following additional terms, which also apply to your use of our site:
Our Privacy Policy. See further under How we may use your personal information.
Our Cookie Policy, which sets out information about the cookies on our site.
If you make a purchase from our site, our sales Terms and Conditions will apply to the sales.
We may make changes to these terms. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site. We may update and change our site from time to time to reflect changes to the range of art works we offer, our customers' needs and our business priorities.
We may suspend or withdraw our site. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
How you may use material on our site. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our trade marks. “Annabel Murphy” and “Annabel Murphy Art” are trade marks of Annabel Murphy Art. You are not permitted to use it without our approval, unless they are part of material you are using as permitted under the above section How you may use material on our site.
No text or data mining, or web scraping. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Do not rely on information on this site. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
User-generated content is not approved by us. This website may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
How to complain about or report content. If you wish to complain about any content, please contact us by calling us on 07771 551677 or emailing us at annabeljmurphy@gmail.com.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our sales Terms and Conditions.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
Uploading content to our site.
Any content you upload to our site must be accurate (where it states facts), be genuinely held (where it states opinions), and comply with the law applicable in England and Wales and in any country from which it is posted.
Any content you upload to our site must not be defamatory of any person; be obscene, offensive, hateful or inflammatory; bully, insult, intimidate or humiliate; promote sexually explicit material; include child sexual abuse material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal content or activity; be in contempt of court; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; impersonate any person or misrepresent your identity or affiliation with any person; give the impression that the content emanates from Annabel Murphy if this is not the case; advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
You warrant that any content you upload does comply with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the above standards.
If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact us by calling us on 07771 551677 or emailing us at annabeljmurphy@gmail.com.
You are solely responsible for securing and backing up your content.
You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
Rights you are giving us to use material you upload. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but when you upload or post content to our site, you grant us and other users, partners or advertisers a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the website and for any other purposes.
We are not responsible for viruses and you must not introduce them. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact us by calling us on 07771 551677 or emailing us at annabeljmurphy@gmail.com
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.