Last updated on 21 Jan, 2021
Terms & Conditions
By using this site and placing orders herein, you are agreeing to the following terms and conditions and that you are authorised to place an order.
- Ordering and Availability
1.1 All items offered on our website are individual items other than bronze editions which will be numbered. If an item ordered is out of stock we will notify you within seven working days of your order being placed. We will advise you within seven days of placing an order what the anticipated delivery date will be. You have a right to cancel if the delivery time-frame will exceed 2 weeks.(4 weeks if international)
1.2 Orders for any of our products can be placed through our website and payment taken via Paymentsense at which time an Invoice will be generated through the shopping cart.
1.3 Acceptance of your offer to purchase shall only be deemed to be complete when we have sent a confirmation email.
We reserve the right to refuse or reject any offer to purchase at any time – if an offer is refused, we will refund your payment in full.
1.4 Our products are priced in Pound sterling. Overseas payments may be made at the exchange rate quoted at time of invoice, and all currency conversion charges are paid by the purchaser.
1.5 We aim to process and despatch all orders as quickly as possible. Domestic delivery will where possible by courier. International will be by Air unless otherwise stated.
1.6 All orders are checked by us for the security of both you and us. We (or our payment provider) may request proof of address and/or proof of identification from you before your order can be processed. If this is the case we will contact you giving you full details of what is required.
1.7 All internet orders must be accompanied by active credit or debit card information. This information is handled and authorised by our third party payment provider and we cannot be held responsible for any misuse of your details originating at the payment provider. You should satisfy yourself to the payment provider’s Terms and Conditions before placing your order.
2. Payment and Ownership of Goods
2.1 We accept payment by all cards accepted by our payment provider. Your card will be debited upon placing the order. Should you return your goods for a refund your card will be refunded in accordance with the terms and timescale of the payment provider. In these Terms and Conditions of Business:- “Goods” means goods or products offered for sale by us. Your payment is accepted as a deposit under your offer of purchase and is therefore not to be considered a sale until your offer has been formally accepted by email from us or on despatch of your order by us.
2.2 Goods supplied by us remain our property until the offer to purchase has been accepted and the deposit converted to a payment for such goods. If payment is declined by your cardholder, or your cheque is not honoured by your bank we will attempt to contact you to make alternative arrangements. No item will be dispatched until all funds have been cleared.,
- Website Accuracy
3.1. Our Website designers work extremely hard to ensure our website is as accurate as possible and in order to achieve this, our website is updated regularly.
3.2 Whilst we endeavour to be as accurate as possible with the information on our site, some inaccuracies may be present. If inaccuracies are noted during ordering, we will inform you immediately, correct the detail and give you an opportunity to change or cancel your order.
3.3.We have gone to great lengths to represent the product images on the website as accurately as possible. Please note that images colour, brightness, tone, saturation etc will vary from one monitor to another. Pictures of products are therefore as a representation only and should be used only as a guide with regards to your personal viewing experience. We will advise you of any specification change at time of order.
3.4. On Bronze Editions, although all castings are produced from a master wax mould slight variations may occur in the production process. This can be slight variations in each piece or patina (Finish).A detailed image can be supplied before dispatch.
4.1 All Orders will be subject to a carriage charge unless otherwise agreed by the Seller. This charge will be shown on the Purchase Order generated by the shopping cart system.
4.2 All purchases will be processed on the same day and added to our delivery schedule. As some products may require crating prior to shipping this may add an additional 3-5 days.Whereever possibly delivery will be within 2 weeks of cleared funds.
4.3 Time for delivery is given as accurately as possible but is not guaranteed. The customer shall have no right to damages or to cancel the contract for failure for any cause to meet any delivery or completion time stated nor shall the customer be entitled to make, or to purport to make, time for delivery of the essence of the contract.
4.4 The date for delivery shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from the customer.
4.5 Upon dispatch all relevant contact information and tracking details will be forwarded to the customer and it will be for the customer to arrange delivery details.
4.6 The Seller will endeavour to comply with reasonable requests by the customer for postponement of delivery of the goods or completion of the services but will be under no obligation to do so. Where delivery or completion is postponed, otherwise than due to default by the Seller then, without prejudice to all other rights and remedies available to the Seller, the customer shall pay all costs and expenses, including a reasonable charge for storage and transportation so caused.
4.7 The Customer shall notify any delivery shortfall or damage to the Seller, within 2 working days. Delivery issues raised after the Customer has signed for the goods shall be accepted only at the discretion of the Seller. The Customer may be required by the Seller to provide photographic or sample evidence of any damage claimed.
- Privacy of Information
5.1. We will not disclose ANY of your personal details to third parties unless required for: Delivery of your order, warranty issues; returns, fraud checking, debt collection or criminal investigations.
6.1. Living Art Ltd is not VAT registered and as such, there is no VAT charged on our products.
6.2. Overseas customers are responsible for all import duties payable in their country.
- Returning Products
If for any reason you wish to return a product or receive a replacement product please contact us. It is important that you contact us as soon as you become aware of any problem or wish to return an item. For goods that have been damaged on arrival, we will upon inspection decide if it can be repaired, We recommend that insurance to the replacement value is obtained. If the item is deemed to be beyond economic repair a replacement (where possible will be offered).otherwise a full refund or replacement of the item only as long as we have been notified of such defects within 3 days of delivery of the goods.
Return carriage costs are your responsibility unless the goods are defective on arrival at your address.
We are unable to process any returns, refunds or cancellation of contracts until the goods have been received and checked at our offices.
A charge will be made for any goods that are returned back in an un-saleable or incomplete condition up to the full sale value of the item.
Refunds will be processed within 14 days of us receiving the returned goods. Refunds will normally be credited to the payment card details provided at the time of ordering the goods from us – e.g. refunded to your credit or debit card. Alternatively, we may send you a cheque or arrange a BACS transfer for the refund or offer items of similar value if you accept.
A charge (as above) will be made for any goods that are returned back in an un-saleable or incomplete condition. This will be deducted from your refund if applicable or charged against your debit or credit card details as provided at the time of ordering.
Refunds are processed through our payment provider and the time it takes for transfer of funds is subject to their terms and conditions.
Goods requiring replacement or repair will be despatched once the original items have been returned and the fault has been determined or repaired as required.
10.1 Living Art LTD will not be responsible for any loss incurred through the ordering, use or misuse of products supplied by us (including postal delays) or any other indirect or consequential loss.
10.2 Living Art LTD warrant that the goods are not subject to any export limitations at time of purchase.
- Your Legal Rights as a Consumer
11.1 If any part of our Terms and Conditions is determined by a UK court to be invalid, illegal, void or otherwise unenforceable under any current or future law, the remainder of our Terms and Conditions shall not be affected thereby.
11.2 These Terms and Conditions do not affect any of your statutory rights.
All work contained in this website and related marketing material, published or otherwise is the Copyright of the individual Artist and cannot be reproduced in any form without the express written consent of the Artist.