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1.) Website owner, the offering, and binding of Terms.
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1.1 This website is owned and operated by THE ARTSMITH. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors handmade and hand decorated goods for sale. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
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2.) Who can use the website; what are the requirements to create an account.
2.1 In order to use our website and/or receive our services, you must be at least 16 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.
2.2 You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. We reserve the right to ban users engaging in malicious communication and threatening behaviour.
3.) The Contract
3.1 The Order is your offer to buy the specified Goods from us on these Conditions, and you must make sure that the Order (and any required standards or measurements or specification of the Goods that form part of your Order) is correct.
3.2 The Order is placed on our Website and you will be able to check the details of your Order before submitting it.If we are not able to process your Order because the details are not complete, we will contact you to try and rectify this. If we are not able to contact you to do this within a reasonable amount of time, we will notify you that the Order has not been accepted and let you know why. If we are able to contact, you to complete the details of the Order any timescales for delivery will not start until the Order has been accepted.
3.3 Once we have confirmed we have the necessary information on your Order and are able to accept it we will send you a written acceptance by email.At this point, you have a binding contract with us ('Contract'), and these Conditions are part of it.
3.4 The Contract is our entire agreement. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.
3.5 Our email acceptance of your Order will include an Order reference number – please use this if you need to contact us about your Order.
3.6 If either of us needs to give the other a notice under the contract ('Notice'), the Notice must be given properly to be effective. Clause 14.4 explains how to give a proper Notice.
3.7 We will ensure that the following information is given or made available to you prior to the formation of the Contract between us and you, unless such information is already apparent from the context of the transaction:
3.7.1 The main characteristics of the Goods;
3.7.2 Our identity and contact details;
3.7.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.7.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
3.7.5 Where applicable, the arrangements for payment, delivery, and the time by which we undertake to deliver the Goods;
3.7.6 Our complaints handling policy;
3.7.7 We shall ensure that you are aware of our legal duty to supply goods that are in conformity with the Contract;
3.7.8 Where applicable, details of after-sales services and commercial guarantees;
3.7.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
3.7.10 Where applicable, any relevant compatibility of digital content with hardware and software that we are aware of or might reasonably be expected to be aware of.
3.8 We remain the legal owners of all goods sold until the buyer has paid all monies owed. We have the right to collect goods from your premises at your expense. In the case that a buyer has received goods without payment, they have 5 working days to make the payment in full or return the goods unused within 14 days of them being delivered.
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3.9 Our sales contract ends after 14 days of the Order being deliverted to your address.
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4. The Goods
4.1 The Goods are described on our Website. We try to ensure that the descriptions and images of the Goods on our Website are accurate but please note that all images are for illustrative purposes only and there may be slight differences due to how the image is displayed, background colours, editing/effects, and the colour/brightness settings on your device.
4.2 If the Goods have been manufactured at your request or to any specification that you have supplied, you will pay for all expenses, losses, and costs that we suffer from any claim made against us for breach of someone else's intellectual property rights. This applies even after this contract has ended and includes the value of any damages which a court orders us to pay.
4.3 We are allowed to change any of our specifications, or any specification that you have supplied, if this is necessary to comply with any applicable laws or regulations.
4.4 Artsmith is the online purveyor of hand painted products, craft, and collectible products/ornaments. All handmade items are unique and therefore there may be differences in colour, shapes, and sizes for each product.
4.5 Some of our products are hand-painted or handmade and therefore there maybe be minor imperfections for these items.
4.6 We reserve the right to cancel the sale of goods to any individual, location, or province.
4.7 We reserve the right to discontinue or remove products from sale without notice.
4.8 We are not accountable if products and services purchased do not meet individual expectations.
4.6 We may release handmade and limited-edition products in batches at specified times and dates. Products released in this manner may be limited to one order per household/customer. In this case, customers who do purchase more than one product may have extra orders cancelled. Limited-edition products may be resigned to a first-come first-serve basis where we cannot guarantee their restock.
5. Delivery of the Goods
5.1 We will give you a delivery note with each delivery of Goods. It will state the Order date, the Order reference number, the type, and quantity of Goods.
5.2 All our products are made to order and therefore there can be a 1–2-week manufacturing time-period before items are dispatched. We aim to deliver our products within Europe from 3-5 working days from being dispatched and 5-7 working days from being dispatched for worldwide delivery.
5.3 However, Delivery dates are approximate, and time of delivery is not guaranteed.We will not be responsible for delays that our outside of our control, but we will notify you of any delays. Delivery will be completed when the Goods are delivered to the delivery address on your Order or the Goods.
5.4 If you do not take delivery of the Goods within days of our first attempted delivery, we may cancel our Contract with you and notify you of this by email.We will refund you any payment for the Goods (unless they have been made to your specification) but reserve the right to make a reasonable charge for delivery or storage costs.
5.5 If we fail to deliver the Goods, our legal responsibility to you will be limited to your costs of the Goods.We will not be legally responsible to you for non-delivery if you give us inadequate delivery or other supply instructions.
5.5 Goods will be delivered to the address submitted by yourself when ordering. We cannot deliver goods to an alternative address.
5.6 We are allowed to deliver the Goods in instalments. If we do this, each instalment will make up a separate contract with its own invoice and payment arrangements. If an instalment is delayed, you may not cancel other instalments because of the delay.
5.7 If we refuse to deliver the Goods, you may treat the Contract as being at an end and we will reimburse you without undue delay. Alternatively, you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If we continue to fail to deliver the Goods, you may treat the Contract as being at an end and we will reimburse you without undue delay. When delivering goods time is not of the essence.
5.8 Our main courier for deliveries in most regions of the United Kingdom is Royal Mail. As a result, failed and rescheduled deliveries will be subject to their terms and procedures. We keep our customers updated on all orders and dispatchment including delays through e-mail.
5.9 We have the right to refuse delivery and cancel orders to any delivery address that may be unapproachable/restricted or where previous delivery attempts have been unsuccessful.
5.10 Goods that are updated as being delivered based on tracking or signature will be viewed as delivered. Good will not be delivered if a signature cannot be obtained.
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5.11. We cannot post to PO boxes.
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5.12. Custom tax, duties and all other costs related to the clearance of the goods are the responsability of the buyer. All our international shipments are delivered duty unpaid.
6. Warranties
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6.1. the Goods are the same in all material respects as their description. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided on our Website. We don't, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. As we do sell handmade products, products within this category may exhibit varied differences in colour, patterns, and design as part of the production process. If we find, or are made aware of, any typographical, clerical, or other accidental errors or omissions on our website we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
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6.2 If you discover that some or all the Goods do not meet this promise, you can follow our returns policy on damaged/incomplete goods.
7. Key commercial Terms offered to customers.
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When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
8. Return and refund policy.
8.1 We are satisfied to offer a refund for unwanted products that are returned within 14 days of being shipped. All returns and exchanges must be posted to our return address.
43 Queens Market
Forest Gate
London
E13 9BA
Please note that the address above functions purely as a returns warehouse and we do not currently have a store for walk-in sales or returns. We cannot be held responsilbe for the loss of products that were dropped off at the warehouse instead of being posted. All products must be safely and securely packaged with the receipt. Please fill out the returns/cancellation form by clicking the link or scrolling down to the footer and clicking "returns/cancellation form."
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8.2 Products must be in the original and saleable condition and physically intact. We highly recommend using a reputable courier and a tracking/ recorded service when returning goods and ensure you have proof of the delivery of the return. The customer is responsible for postage costs incurred and the arrival of their return. Refunds can take up to 14 working days from the date of arrival to process and be completed. Any refund due to you will be made using the same method you used for payment of the goods.
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8.3 For goods that are damaged, incorrect or have missing products upon arrival, we are happy to offer a full refund/exchange including the returns postage. THE ARTSMITH will make reasonable requests to view photographic evidence of any damage sustainted to the product and parcel. This does not affect your consumer rights. ​​
​ 8.4 Please e-mail us with attached photographs of damaged or incorect items to info@artsmithbooks.com. Please note that handmade products will naturally have individual imperfections due to the manufacturing and painting process. Handwritten text and all handmade items may vary from listing pictures. The refund decision is ultimately at the discretion of each customer service advisor. It is the customers responsibility to retain the damaged item and packaging item in case of a damage to their product. Failure to provide sufficient evidence may lead to delays or rejection of a refund claim.
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8.5 We can only process refunds on the original payment method used to purchase the goods and cannot make reimbursements on a new payment method.
8.6 Based on the circumstance, Artsmith may offer a compensatory partial refund for products that have arrived damaged. The refund amount will be an estimation reflective of the degree of damage/missing items and does not affect your consumer rights. Partial refunds will involve the customer retaining the faulty product for a compensatory amount. Once the customer agrees to the partial refund, they can no longer return the product for a refund. There is no refund for products customised with names, details, or etchings.
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8.7 None of the policies listed affect your statutory or consumer rights. It is our responsability to supply you with the items purchased in line with the consumer rights. If you have any issues with our service please contact us at info@artsmithbooks.com.
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9. Cancellations
9.1 Customers reserve the right to cancel the order/orders for 14 days after they have recieved their products they have purchased one . We cannot cancel customised products with names, details, or etchings. If you would like to cancel your order Please fill out the returns/cancellation form by clicking the link or scrolling down to the footer and clicking "returns/cancellation form."
10. Price and Payment
10.1 The confirmed price of the Goods is stated in our acceptance of your Order ('Price').
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10.2 Any delivery or insurance costs are not included in the Price.Details of these charges) can be found in the checkout total of your transaction. Any additional charges will be itemised separately in our acceptance of your Order.
10.3 Payment of the Price and any related costs (such as delivery) in relation to the Goods must be made before the Goods are dispatched.You will be prompted to complete payment details on our website when placing an Order.We have the right to refuse/cancel orders and dispatching goods until necessary payments are cleared. The time of payment is of essence and our contractual obligation to deliver goods may be terminated if payment isn’t processed with 5 working days.
10.4 You are not allowed to hold back any payment due to us as a set-off or credit or counterclaim against some other amount that you think we owe you unless the law allows it. However, we may set off any amount you owe us against any amount we owe you.
10.5 We have made every reasonable effort to ensure that our Prices are correct. Prices will be checked when we process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Goods is higher than that stated in your Order, we will ask you how you wish to proceed.
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10.6 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where we have already received payment in full from you.
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10.7 We accept the following methods of payment: Visa debit card, credit card and PayPal. We use WIX payments, Adyen B.V and Stripe services to process your payments and the use of their service is subject to their terms and conditions.
10.8 Credit and/or debit cards will not be charged until we despatch the Goods to you.
10.9 Prices of all goods are as listed on our website and are subject to change based on our sole discretion.
11. Retention of right to change offering.
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11.1 We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
12. Ownership of intellectual property, copyrights, and logos
12.1 The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of THE ARTSMITH. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.
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12.2 If you want to offer to your users the ability to upload content (images, audio, text ...) for disclosure on your site, it is important that the issuer of such content certifies that he has all the legal rights and/or necessary licenses over the content and that such content might be public available.
12.3 You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
13. Ownership and Risk
13.1 The risk of damage to the goods or their loss passes to you on completion of delivery. (Completion of delivery is explained in clauses 5.3 and 5.4).
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13.2 Ownership of the Goods passes when you have paid us for them in full. Until the ownership passes to you, we will still own the Goods.
14. Limitations on our Legal Responsibilities
14.1 We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our Contract with you, and our total legal responsibility to you under the Contract will not exceed the Price of the Goods and any standard delivery charges.
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14.2 These Conditions do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors , fraud, defective products under the piece of legislation known as the Consumer Protection Act 1987, breach of the requirements that our goods be of satisfactory quality, fit for purpose, match a sample, or match a model seen; or any other matter that the law says we can't exclude (for example under the Consumer Rights Act, 2015).
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14.3 Neither of us will be legal responsible to the other for failure or delay in carrying out the Contract which is caused by an event beyond our reasonable control, which we could not have foreseen, or which was unavoidable. This includes industrial disputes, energy, or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, pandemic, epidemic, deliberate damage, or being let down by suppliers or sub-contractors.
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14.4 We only supply goods for domestic and private use, we make no warranty or representation that the goods are fit for commercial, business, or industrial use of any kind (including re-sale).
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14.5 We are not liable for any incurredlosses the malfunction of the website or delays in checkout and user experience. We are not required to restock website of products that have sold out.
15, Data Protection
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15.1 We will deal with any personal data in accordance with our privacy policy and all applicable data protection and privacy legislation in force from time to time in the UK including (i) the UK GDPR; (ii) the DPA 2018 (and regulations made thereunder); and (iii) all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data.You can find details of our privacy policy
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16. General
14.1 We are allowed to transfer our rights and responsibilities under our Contract to someone else, for example by assignment, a legal charge or sub-contracting our rights and obligations under our Contract, but you may not do any of these things unless we have previously agreed in writing that you can.
14.2 Nobody other than you and us may rely on any terms of this Contract.
14.3 Changes to the Contract are only binding if we agree them in writing, sign them and give you a copy.
14.4 If either of us wishes to give a Notice to the other under the Contract, we must give it in writing and either deliver it or send it by first class post or email to the contact details most recently provided by the other party.Delivery by post will be regarded as completed by 9:00 am on the second day after posting. This arrangement does not apply to the service of any documents in legal proceedings. Our post office address is 43 Queens market Forest Gate London E13 9BA.
14.5 Delay in exercising a right under the Contract will not take away that right or any other right.
14.6 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to these Conditions or any breach of them.
14.7 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
14.8 Any dispute shall not affect the parties' ongoing obligations under the Contract.
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14.9 This Contract and any dispute or claim relating to or connected with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
14.10 The courts of England and Wales are the only place where any disputes arising from it may be decided unless your rights as a consumer allow you to choose a court in a different jurisdiction.
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14.11 If you need to contact us in relation to an Order or for any other reason you can reach us below:
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We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
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14.12 All returns regarding faulty/missing products should be carried out following our returns policy outlined in section 8.
15. Right to suspend or cancel user account.
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15.1 We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
16. Indemnification
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16.1 You agree to indemnify and hold THE ARTSMITH harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
17. Limitation of liability
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17.1 To the maximum extent permitted by applicable law, in no event shall THE ARTSMITH , be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Bookbarrel assumes no liability or responsibility for any of the following:
17.2 errors, mistakes, or inaccuracies of content.
17.3 (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service.
17.4 (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
18. Right to change and modify Terms.
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18.1 We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.