Customer Agreement
This agreement between you and Rowan Huntley explains how you can purchase paintings identified on this web site. It also includes Rowan Huntley's Privacy Policy. By entering into a transaction to purchase a painting, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. This agreement is bound by relevant UK laws, in particular the Consumer Protection (Distance Selling) Regulations 2000 and any subsequent amendments.
1. Who is Rowan Huntley?
Rowan Huntley is an artist based near Swansea, Wales, UK, who produces original pieces of artwork in the form of paintings. Rowan Huntley operates this web site to promote her work and to sell paintings.
2. Who Can Be a Customer?
Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may purchase paintings. Customers must comply with all applicable laws. All information submitted by Customers when purchasing a painting , including payment information, and transaction-related information must be true, accurate, current and complete.
Once you have begun a transaction to purchase a painting, you are referred to as a "Customer", "You", "Your" or "Yourself" for the purposes of this agreement.
3. Sale of paintings illustrated on the web site
The web site includes artworks (paintings) by Rowan Huntley that are for sale. Artworks shown are representative of general stock. The availability of any particular artwork is subject to confirmation. If an artwork is not available, Rowan Huntley is happy to discuss whether a similar work is available. Every effort has been made to ensure a good colour representation of paintings seen on screen. However, there are limitations in digital media and every viewing screen is different, therefore slight variations may occur between an original painting and the image of that painting as portrayed on a screen. The copyright of all paintings sold remains that of Rowan Huntley by law.
4. How The Purchase Works
If you wish to buy a painting illustrated on the web site you should contact Rowan Huntley by e-mail rowan@rowanhuntley.co.uk indicating which painting(s) you wish to purchase. Rowan Huntley will reply indicating whether the painting is still available. Rowan Huntley cannot guarantee a response time to your e-mail as she may be away on field work where she will not have access to the internet. If you wish to proceed with the purchase you will need to confirm your purchase request by e-mail and agree the payment method and means of delivery of the painting. Rowan Huntley will quote post and packaging costs where required before the transaction is finally agreed.
5. Purchase requests
Although Rowan Huntley strives to provide reliable and current information on the Web site, misprints or other errors may occur. Rowan Huntley reserves the right to change information on the Web site at any time and from time to time without any notice or liability to You or any other person. Items listed on the Web site are subject to availability, and may not be available when ordered or afterwards.
The Items offered on the Web sites are invitations for purchase requests, and shall not constitute binding offers to sell. Your properly completed purchase request constitutes Your offer to purchase the Items referenced in your purchase request. Your purchase request will be accepted only if and when Rowan Huntley sends a purchase acceptance and shipping notice to Your email address.
All contracts of sale are governed by the laws of United Kingdom.
6. Payment by Credit or Debit card
Payment by Credit or Debit card is accepted via the PayPal secure payment system. To make a purchase, please first contact Rowan Huntley on rowan@rowanhuntley.co.uk to confirm availability of painting(s) and to provide Telephone contact information. Please do not e-mail credit card details. Credit/Debit card transactions will be conducted securely via PayPal. A payment request will be sent to you via email with confirmation of your order. Rowan Huntley will be notified by PayPal as soon as your payment has been authorised and your painting(s) will be dispatched as per agreement. A Receipt of payment will be sent to you and this will include Rowan Huntley's business and correspondence address.
7. Cancellation of purchase
Under the requirements of the Consumer Protection (Distance Selling) Regulations 2000 you are entitled to cancel your purchase within a period of seven working days. The cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which You receive the painting(s). In order to cancel a purchase you must notify Rowan Huntley in writing or by electronic mail to rowan@rowanhuntley.co.uk within the cancellation period. In this case, you should send back the painting(s) to Rowan Huntley immediately and, on receipt in good order by Rowan Huntley, you will receive the re-payment of the purchase price. All postal costs, including the original dispatch of the item, are at your expense. You will also be liable for any damage to the item in transit when it is returned to Rowan Huntley.
8. Privacy Policy
Any personal information you provide will be treated with care, and subject to this Policy will not be used or disclosed in ways to which you have not consented. By entering into a transaction with Rowan Huntley you signify your consent to Rowan Huntley's collection, use, and disclosure of your personal information in accordance with this Policy.
Personal data will be used only in connection with the Rowan Huntley art business and will not be shared with any other parties. Personal data will be stored in a secure manner using Fire Wall and anti-virus protection software. Nevertheless, security and privacy risks cannot be eliminated.
During your purchase of a painting you will be asked to voluntarily provide personal information (such as your name, email address, postal address, telephone number, and credit card information). If you choose not to provide certain requested personal information, Rowan Huntley reserves the right to not proceed with the purchase transaction.
Rowan Huntley may use your personal information to contact and correspond with you and to respond to your communications. Additionally, Rowan Huntley may keep a record of all communications with you.
At any time you may ask Rowan Huntley to stop sending you email and other information by contacting rowan@rowanhuntley.co.uk
Rowan Huntley attempts to keep her records as accurate and complete as possible. You can help me maintain the accuracy of your information by notifying me of any changes to your personal information.
The Web site contains links to other Web sites or Internet resources. When you click on one of those links you are contacting another Web site. Rowan Huntley has no responsibility or liability for or control over those other Web sites or their collection, use and disclosure of your personal information.
To accommodate changes in the Web site, changing technology, and legal developments, this Policy may be changed from time to time at Rowan Huntley's discretion and without any prior notice or liability to you or any other person. New versions of this Policy will be posted here. Rowan Huntley's collection, use and disclosure of your personal information will be governed by the version of this Policy in effect at that time. Accordingly, when you use the Web site you should check the date of this Policy and review any changes since the last version.
9. Warranty and Liability Exclusion and Limitation Clauses
Rowan Huntley guarantees that when a painting is dispatched to the customer it is as described on the web site and is intact and framed unless otherwise agreed. It will be free from damage, although some minor scratches and imperfections in the frame cannot be ruled out. Rowan Huntley will use sturdy packaging to protect the paintings in transit. Rowan Huntley has no control over or liability for any damage caused in transit.
Regardless of the nature of the claim or the reasons for the loss and damages, Rowan Huntley' s liability is limited to foreseeable and typical damages.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to You. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.
10. Legal Claims
For all disputes between Rowan Huntley and You or any other person arising from, connected with or relating to the Web site, this Agreement, transactions facilitated or conducted through the Web site, Items ordered or purchased through the Web site, dealings between You and Rowan Huntley, or any related matters or any legal relationship associated therewith or derived therefrom ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of the UK and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the UK within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected.
11. Changes to Web sites, Policies and Procedures, and this Agreement
Rowan Huntley may, at her discretion, change, supplement or amend her policies and procedures and this agreement as they relate to future use of the Web sites from time to time and without any notice or liability to You or any other person, by posting revised documents on the Web sites. You may not change, supplement or amend this agreement or any Rowan Huntley policies or procedures.
You and Rowan Huntley have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
12. Statutory Rights
This Agreement does not affect your statutory rights.