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Greenbank, Bristol
Terms & Conditions
Please read these Terms and Conditions carefully.
We can accept your Order and enter into a legally binding agreement with you without further reference to you. You should therefore read these Terms and Conditions carefully before placing an Order to make sure that they contain everything you require and that you are happy with them.
If you are unsure about anything, please contact us by email at info@grainandglass.co.uk.
Application
1. These Terms and Conditions apply to the purchase of Goods by you (the Customer or you) from Richie Holmes trading as Grain & Glass Picture Framing of 50 Hinton Road, Bristol, BS5 6HB, email address info@grainandglass.co.uk (the Supplier, we, us or our).
2. These are the Terms on which we sell all Goods to you. By ordering any 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 Customer’s 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 set out in the Order.
7. Order means your order for the Goods, including an order set out in your written acceptance of our quotation.
Goods
8. The description of the Goods is as set out on our website, in catalogues, brochures, quotations, Orders or other relevant descriptions provided by us. Images and samples are intended to give a reasonable representation of the Goods. Minor variations in colour, grain, texture or size may occur, particularly where natural materials or individually manufactured products are used, but this does not affect your statutory rights.
9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information, measurements, specifications or instructions you provide are accurate.
Basis of Sale
10. The description of Goods on our website, in catalogues, brochures or other advertisements does not constitute a contractual offer to sell the Goods.
11. We may decline an Order before a Contract has been formed. If we do so, we will try to tell you without undue delay.
12. A Contract will be formed for the Goods ordered only upon our written acceptance of the Order or, if earlier, our delivery of the Goods to you.
13. Unless otherwise stated, a quotation is valid for 28 days from its date, although we may withdraw it before it has been accepted.
14. No variation of the Contract, whether concerning the description of the Goods, price or otherwise, can be made after the Contract has been entered into unless the variation is agreed by you and us in writing.
15. These Terms are intended for Contracts entered into with you as a Consumer at our business premises.
They are not intended to govern contracts made at a distance or certain contracts made away from our business premises, where different consumer information and cancellation rights may apply. If your Order is being placed without you attending our business premises, or is otherwise being entered into away from our business premises, please tell us so that we can provide any additional information and terms that may apply.
For these purposes, business premises means premises where we carry on our business on a permanent or usual basis.
Price and Payment
16. The price of the Goods, together with any additional delivery or other charges, will be the price set out in our quotation or Order, or such other price as we agree with you in writing.
17. Prices and charges include VAT at the applicable rate where VAT is chargeable.
18. Payment for the Goods must be made in accordance with the payment arrangements agreed when the Order is placed and, unless we agree otherwise in writing, must be made in full before the Goods are delivered or released to you on collection.
Payment may be made using any payment method that we agree to accept.
Withdrawal Before Work Starts
19. You may withdraw your Order without giving a reason and without liability if we have not started work on it and have not incurred costs specifically for your Order.
For the purposes of this clause, work may include ordering or preparing materials specifically for your Order, cutting moulding or mountboard, dismantling an existing frame where this forms part of the agreed work, commencing work on your artwork or other item, or beginning manufacture or assembly of the Goods.
If you ask to cancel after work has started or costs have been incurred specifically for your Order, please contact us as soon as possible. Any amount payable or refundable will depend on the work undertaken, costs reasonably incurred and any rights you have under applicable consumer law.
This contractual withdrawal provision does not affect any statutory cancellation rights that may apply to your Contract.
Customer Artwork and Other Items
20. Where you leave artwork, canvases, photographs, prints, objects or other items with us for framing or other work, you should tell us before work begins if an item is particularly valuable, irreplaceable, fragile or has any known damage, deterioration or special handling requirements.
We will exercise reasonable care in handling and storing items left in our possession.
You acknowledge that some artwork and other items may have pre-existing weaknesses, deterioration, loose or unstable surfaces, brittle materials, previous repairs or other conditions that may not be apparent on ordinary inspection. We are not responsible for deterioration or damage arising solely from an inherent or pre-existing condition that could not reasonably have been avoided through the exercise of reasonable care. Nothing in this clause affects your statutory rights.
Picture Framing
21. Picture framing involves handling and working with artwork and other items which may be fragile, aged or have pre-existing damage or deterioration.
You should tell us before work begins if an item is particularly valuable, irreplaceable, fragile or has any known damage, deterioration or special handling requirements. We will exercise reasonable care and skill when carrying out framing. We are not responsible for damage arising solely from an inherent or pre-existing weakness or condition of the artwork or other item that could not reasonably have been avoided through the exercise of reasonable care and skill. Nothing in this clause affects your statutory rights.
Printing
22. Printed images may vary in colour, brightness and appearance from images viewed on a screen due to differences between screens, printing processes, inks, papers and other materials. Minor variations of this kind are normal and do not necessarily indicate a fault with the print.
Where you supply an image or digital file for printing, you are responsible for ensuring that the file is suitable for the size and type of print requested. We will tell you if we identify an obvious issue with the file that we reasonably believe may materially affect the finished print.
We will exercise reasonable care and skill when carrying out printing. Unless expressly agreed with you in advance, we cannot guarantee an exact colour match between a screen, an existing print or other reference and the finished print. Nothing in this clause affects your statutory rights.
Canvas Stretching
23. Canvas stretching involves applying tension and pressure to the canvas and carries an inherent risk of damage, particularly where a canvas, paint surface or other material is old, brittle, cracked, deteriorated, previously damaged or otherwise fragile.
Possible consequences include cracking or flaking of the paint surface, tears, distortion or other damage.
By asking us to stretch a canvas, you acknowledge these inherent risks. You should tell us before work begins if the canvas is particularly valuable, irreplaceable, fragile or has any known damage or deterioration.
We will exercise reasonable care and skill when carrying out canvas stretching. We are not responsible for damage arising solely from an inherent or pre-existing weakness or condition of the canvas that could not reasonably have been avoided through the exercise of reasonable care and skill. Nothing in this clause affects your statutory rights.
Dry Mounting
24. Dry mounting is a permanent process involving heat, pressure and adhesive and carries a risk of alteration or damage to the artwork or other item being mounted. We do not recommend dry mounting original, valuable, irreplaceable or otherwise conservation-sensitive artwork. You should tell us before work begins if an item is particularly valuable, irreplaceable, fragile or has any known defect or deterioration.
By asking us to dry mount an item after these risks have been explained, you acknowledge the inherent risks associated with the process.
We will exercise reasonable care and skill when carrying out dry mounting. We are not responsible for damage arising solely from an inherent or pre-existing condition of the artwork or from an inherent consequence of the dry-mounting process that could not reasonably have been avoided through the exercise of reasonable care and skill. Nothing in this clause affects your statutory rights.
Delivery and Collection
25. Where we have agreed to deliver the Goods, we will deliver them to the Delivery Location by the time or within the period agreed. If no time or period has been agreed, we will deliver without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into, unless a different period is permitted by law. Where the Goods are to be collected from our premises, we will notify you when they are ready for collection.
26. Where we have agreed to deliver the Goods and do not deliver them on time, you may, in addition to any other remedies available to you, treat the Contract as at an end if:
a. we have refused to deliver the Goods; or delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made; or 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 further period which is appropriate in the circumstances and we have not delivered within that period.
27. If you are entitled to treat the Contract as at an end and do so, we will promptly return all payments due to be refunded under the Contract.
28. If you are entitled to treat the Contract as at an end but do not do so, this does not prevent you from exercising any other rights or remedies available to you in relation to Goods that have not been delivered or Goods that you are entitled to reject. Where you are entitled to a refund, we will provide it without undue delay.
If Goods have already been delivered and are validly rejected, they must be made available for return or collection in accordance with your applicable legal rights.
29. If any Goods form a commercial unit (that is, a unit where division would materially impair the value or character of the Goods), you cannot cancel or reject part of that unit without also cancelling or rejecting the remainder where the law requires the unit to be treated as a whole.
30. We do not generally deliver to addresses outside the United Kingdom, the Isle of Man or the Channel Islands. If we accept an Order for delivery outside that area, you may be responsible for import duties, taxes or other charges that are not included in our price.
31. We may deliver the Goods in instalments if we suffer a shortage of stock or have another genuine and reasonable reason for doing so, provided that this does not cause you to incur additional charges and does not affect your other rights under these Terms.
32. If you or your nominee fail, through no fault of ours, to take delivery of or collect the Goods when agreed, we may charge you the reasonable costs we incur in storing and, where applicable, redelivering them.
33. Responsibility for the Goods will pass to you when delivery to you is completed or when you collect the Goods.
You should, where reasonably practicable, examine the Goods on collection or delivery and tell us promptly if you notice any damage or other problem. This does not affect your statutory rights, including your rights in relation to faults or damage that were not reasonably apparent at the time of collection or delivery.
Uncollected Goods
34. Where Goods, artwork or other items are ready for collection, we will notify you using the contact details you have provided.
If you do not collect them within a reasonable period after we have notified you that they are ready, we may contact you again and require you to collect them by a specified date.
If the items remain uncollected, we may, after giving any notice required by law, sell or otherwise dispose of them where we are legally entitled to do so. Any sale or disposal will be carried out in accordance with applicable law, including the Torts (Interference with Goods) Act 1977.
Where an item is sold, any proceeds will be dealt with as required by law, including the deduction of any amounts that we are legally entitled to deduct.
You are responsible for keeping your contact details up to date while we hold your Goods, artwork or other items.
Risk and Title
35. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you or collected by you.
36. You do not own the Goods until we have received payment in full.
If payment is overdue, we may, where legally permitted and after giving reasonable notice, cancel any outstanding delivery and require the return of Goods that remain owned by us. Nothing in this clause affects any rights that cannot lawfully be excluded or restricted.
Conformity
37. We have a legal duty to supply Goods that conform to the Contract. Nothing in these Terms affects your statutory rights.
38. Upon delivery or collection, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods where, before the Contract is made, you make that purpose known to us and rely reasonably on our skill and judgement, and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
39. A problem with the Goods will not constitute a failure by us to conform to the Contract to the extent that the problem is caused by the condition, characteristics or inherent defects of artwork, canvas, materials or other items supplied by you.
This clause does not exclude responsibility for damage caused by our failure to exercise the care and skill required by law.
Circumstances Beyond the Control of Either Party
40. If either party is prevented from or delayed in performing an obligation because of circumstances beyond that party’s reasonable control:
a. that party will advise the other as soon as reasonably practicable; and
b. the affected obligations will be suspended to the extent reasonably necessary while those circumstances continue, provided that the affected party takes reasonable steps to minimise the effect of the circumstances.
Neither party will be liable for a failure that it could not reasonably have avoided, but this clause does not affect your statutory rights, including your rights relating to delivery.
Liability
41. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.
Subject to your statutory rights and to the extent permitted by law, we will not be responsible for losses that were not reasonably foreseeable when the Contract was made.
As these Terms are intended for Consumers, we are not responsible for business losses, including loss of profit, loss of business, business interruption or loss of business opportunity, arising from Goods purchased wholly or mainly for purposes outside the Consumer relationship contemplated by these Terms.
Privacy
42. Your privacy is important to us. We will handle your personal information in accordance with applicable UK data protection law, including the UK GDPR and the Data Protection Act 2018.
43. These Terms and Conditions should be read alongside our Privacy Policy and, where applicable, our Cookies Policy, which are available on our website.
44. Where we process Personal Data in connection with providing the Goods to you, we will process that information for appropriate purposes and in accordance with applicable Data Protection Laws.
45. We will take appropriate technical and organisational measures to protect Personal Data and will respect your applicable rights in relation to that Personal Data.
46. For enquiries or complaints concerning data privacy, please email info@grainandglass.co.uk.
Complaints
47. We ask you to check the Goods when you collect them or when they are delivered and to tell us promptly if you notice any damage or other problem.
Once the Goods have been collected by you, or delivery to you has been completed, we are not responsible for damage that occurs afterwards through handling, transport, storage, accident or other events for which we are not responsible, including broken glass, damaged or dented frames or damage to artwork.
Checking or approving the Goods on collection or delivery does not affect your statutory rights in relation to defects, damage or other problems that existed at that time, including problems that were not reasonably apparent on inspection.
If a dispute or complaint occurs, please contact us directly. We will aim to respond within five working days.
Governing Law and Jurisdiction
48. The Contract, including any non-contractual matters arising from it, is governed by the law of England and Wales, subject to any mandatory consumer protections that apply to you.
49. You may bring proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also be entitled to bring proceedings in the courts of Scotland or Northern Ireland respectively.