Terms and Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07860780063.
Application
1. These Terms and Conditions will apply to the purchase of Goods by you (the Customer or you) from Richie Holmes trading as Grain & Glass Picture Framing of 9 Bath Buildings, Studio 8, Bristol, BS65PT with email address info@grainandglass.co.uk, telephone number 07860 780063 (the Supplier or us or we).
2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
Interpretation
3. 'Consumer' means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession:
4. 'Contract' means the legally-binding agreement between you and us for the sale and purchase of the Goods:
5. 'Delivery Location' means the Customers premises or other location where the Goods are to be supplied, as set out in the Order.
6. 'Goods' means any goods that we supply to you, of the number and description as set out in the Order;
7. 'Order' means the Customer's order for the Goods from the Supplier as set out in the Customer's order or in the Customer's written
acceptance of the Supplier's quotation.
Goods
8. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
10. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
11. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
12. A Contract will be formed for the Goods ordered, only upon the Supplier’s written acceptance of the Order or if earlier, the Supplier's delivery of the Goods to the Customer.
13. Any quotation is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.
14. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
15. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was
made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer
protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
16. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is set out in our price list at the date we accepted the Order or such other price as we may agree in writing.
17. Prices and charges include VAT at the rate applicable at the time of the Order.
18. Payment for Goods must be made at least 1 day in advance of delivery. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
19. We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
20. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
21. If you treat the Contract as at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
22. If you were entitled to treat the Contract as at an end, but do not do so. you are not prevented from cancelling the Order for any Goods of rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made
under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them.
23. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the
character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
24. We do not generally deliver to addresses outside England and Wales, Scotland, Northem Ireland. the Isle of Man or the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
25. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
26. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
27. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
28. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you or collected by you.
29. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or
allow us to collect them.
Withdrawal
30. You can withdraw the Order if work has not been started by telling us, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
Conformity
31. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following
obligation.
32. Upon delivery, the Goods will:
a. be of satisfactory quality
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us
(unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us
of set out in the Contract, and
c. conform to their description.
33. It is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond the control of either party
34. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable, and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be
liable for any failure which it could not reasonably avoid, but this will not affect the customers above rights relating to delivery.
Privacy
35. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal
information.
36. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy
which can be found on our website.
37. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive
93/46/EC (Data Protection Directive) or the GDPR.
b. ‘GDPR' means the General Data Protection Regulation (EU) 2016:679.
c. 'Data Controller’, ‘Personal Data’ and 'Processing’ shall have the same meaning as in the GDPR.
38. We are a Data Controller of the Personal Data we Process in providing the Goods to you.
39. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the
Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
40. For any enquiries or complaints regarding data privacy, you can e-mail: info@grainandglass.co.uk .
Excluding liability
41. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to
both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
Governing law, jurisdiction and complaints
42. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
43. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern
Ireland, in the courts of respectively Scotland or Northern Ireland.
44. We try to avoid any dispute, so we deal with complaints as follows:
Items must be checked and approved by the customer on collection. We are not liable for any damage to the Goods including broken glass, broken or dented frames and damaged artwork after it has been collected from the premises. If a dispute occurs you should contact us directly and we will respond within 5 days.
Canvas Stretching
45. When stretching canvas, there is a risk that the artwork may be damaged in the process. Pressure is applied to the artwork that can cause cracking in the paint surface and tears. We will not be liable for any damage caused when stretching canvases
Dry mounting
46. Dry mounting is a permanent process with many risks involved, artworks may become damaged during the process. We do not recommend dry mounting artwork that cannot be easily replaced or is of high value. We are not liable for any damage or loss incurred during the dry mounting process.