Terms & Conditions

These Terms and Conditions apply to the use of the Website and sale of Artwork and prevail over any other agreement (excluding Commission Agreements which contain their own terms of business), documentation or communication whatsoever between us and can only be varied if agreed between us in writing.
 
Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a consumer.
 
From time to time we may change these Terms and Conditions please check the Terms and Conditions which apply at the time of your order. We advise you print these terms as soon as you have placed your order.

By using this Website and/or placing an order you will be deemed to be aged 18 or over and to have accepted these Terms and Conditions.

DEFINITIONS

"Artist" means Jayne Leighton Herd.
“Artwork” means the pieces of art, paintings, artwork, greetings cards, products which you agree to buy from us, as specified in the Order Confirmation.
“Buyer” or “You” means the person and/or organisation who purchases Artwork from us.
“Commissions” means bespoke Artwork which is created according to your requirements.
“Made to Order” means Artwork, which is painted/created for you based on an original piece of artwork by the Artist. These will be similar to the original but, because of their very nature, will have variations in the design and colour, and no two paintings will be exactly the same in appearance. Made to Order Artwork will not be an exact replica of the original.
“Mainland UK” includes delivery addresses in England, Scotland and Wales but excludes some postcodes in the Scottish Highlands, Islands, Northern Ireland, etc. Please contact us and confirm prior to ordering.
“Order Confirmation” means the email describing the Artwork which we agree to supply to you.
“Us” and "We" means the Artist Jayne Leighton Herd.
“Terms and Conditions” means these Terms and Conditions, but includes our website terms of use and will also include any special terms and conditions agreed in writing by us.
“Website” or “site” means the website and all content at www.originalabstractpaintings.com
“Working days” means Monday to Friday from 9am to 5pm, excluding all UK public and bank holidays.

THE ARTWORK
  1. Details of the Artwork which you have ordered are contained within the Order Confirmation. Only the Artwork detailed in the Order Confirmation is included.
  2. Variations occur in screen resolutions, monitor colour settings and photography conditions and light. This may result in variations in colour. The Buyer accepts that differences can occur in the Artwork when it is being viewed and compared on a computer or device screen.

ACKNOWLEDGEMENT AND ACCEPTANCE OF ORDERS

  1. An automatic email acknowledgement will be sent to you upon receipt of the order. This is not a confirmation of approval.
  2. All transactions pass through a security screening process to check the authentication of the card payment. If an order adheres to all of the necessary checks sufficiently, it will be processed and dispatched. If a payment fails or is rejected then the order cannot be processed and it will be cancelled. You will be notified of this. We cannot be held accountable for any order that fails to meet the security measures that are in place to protect fraudulent card activity. We always suggest that you contact your card issuer. You will not be charged by us for any order that has been cancelled.
  3. We will also check whether any delivery charges are applicable. If they are we will contact you with details and you will have the option to cancel your order if you do not wish to accept them.
  4. Artwork may be available for sale in more than one place at a time, such as online and physical art galleries. If the artwork is no longer available due to a sale elsewhere then your order will be cancelled and refunded.
  5. Your order will be deemed to have been accepted upon dispatch of the order.
  6. We reserve the right to reject any orders at our discretion.


PRICING

  1. Prices of Artwork can change without prior notification.
  2. In the event of an error in price or description made on the website we reserve the right to refuse and/or cancel any transaction. A refund will be processed if payment has been received.
  3. VAT is not payable and so is not included in prices.
  4. Additional Artwork or services will be subject to additional charges.
  5. The price of the Artwork may not include delivery costs and additional delivery or shipping charges may apply.

PAYMENT
  1. Payment can be made by credit card or through PayPal.
    You can pay with a PayPal account or with a credit card (Mastercard, Visa) or a debit card. A PayPal account is not required for payments by credit card.
  2. Payment must be made in accordance with the order process on the Website which outlines the current methods of payment which we accept.
  3. Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method.
  4. Where payment or any part payment is overdue (such as if there are problems with the payment method or payment does not clear for any reason or is not made on time), then we will immediately cease or suspend the provision of any Artwork until full cleared payment is received by us.
  5. We retain the title in Artwork until you have made full and cleared payment.
  6. You will be charged as soon as your order is placed.

DELIVERY
  1. For information about current delivery charges, please view our Delivery Information.
  2. All applicable delivery charges must be paid prior to dispatch of orders.
  3. All Artwork is checked before dispatch and is carefully hand packed. Materials used include Glassine Paper to protect the artwork from moisture during transit, bubble wrap, foamboard or inner cardboard sheets and strong cardboard cartons.
  4. We may split an order for multiple pieces of Artwork and dispatch pieces individually.
  5. We aim to dispatch all orders within 2 - 4 working days following cleared payment.
  6. Depending on the size and volume of individual Artwork(s), dispatch is by a reputable courier, such as Parcelforce, or for small items by Royal Mail Signed For delivery. Carrier details can be provided upon email request, and will be confirmed in the dispatch confirmation.
  7. From date of dispatch please allow:
    5 - 7 Working Days for UK delivery.
    5 - 10 Working Days for EU delivery.
    7 - 15 Working Days for International delivery.
  8. Delivery dates are estimates and not guaranteed. We cannot be held liable for any failure of carriers to meet their delivery deadlines. The Royal Mail requires that 15 working days elapse before parcels are considered 'lost'.
  9. Deliveries are made during Working Hours, Monday to Friday, excluding public holidays.
  10. You will receive an email from us with a tracking number, where applicable, once the Artwork is dispatched.
  11. You are responsible for ensuring delivery information provided is accurate and for making arrangements to take delivery of Artwork.
  12. Delivery addresses cannot be changed after your order has been placed, so please ensure these are correct before you complete checkout.
  13. Risk of Artwork passes to you upon delivery of the Artwork.
  14. Proof of Delivery and a signature will be required at delivery.
  15. By placing an order you are authorising us to accept a signature from another person on your behalf, if you are not present at the time of delivery.
  16. The person who signs for the delivery must be 18 years of age or older.
  17. It is the buyer's responsibility on receipt of the Artwork to check that it is in satisfactory condition. Your signature, or that of another person on your behalf, confirms receipt of the Artwork but also the state of the parcel received. When you receive your order it is your responsibility to examine both the parcel (before it is opened) and the Artwork very carefully for any damage. Where a signed for service is used, and a parcel arrives damaged, please sign for the parcel as 'Received Damaged'.  If there is any damage whatsoever, or if, for example, a parcel shows signs of damage before it is opened you must notify us in writing by email within 24 hours of receipt.
  18. If parcels are returned to us by the carrier because: the delivery address provided was incorrect or undeliverable; or where delivery was attempted and you did not subsequently make arrangements for redelivery of the parcel; or you did not collect your parcel from the Royal Mail Sorting Office or carrier depot, then we will deduct our original costs of posting, any insurance cost and fees from the payment refund.


COLLECTION

You may arrange to view and purchase Artworks from the Artist's Studio by prior appointment only. In this instance, payment can be taken by credit card in person once you have made your selection.

IMPORTANT INFORMATION FOR INTERNATIONAL ORDERS

  1. Artwork prices and delivery charges exclude all customs duty, goods and services tax and retail sales tax.
  2. Your order may be subject to import duties and taxes which will be levied when the order reaches your country. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. For further information please contact your local customs office before placing your order.
  3. You are solely responsible for compliance with all applicable laws, regulations and requirements of the country to which the Artwork is being shipped and for payment of any expenses, costs and liabilities incurred.
  4. We will not be responsible for any liability nor duty charged or any fines or impositions as a result of any import, export or attempted import or export.
  5. You are responsible for ensuring that the product you have ordered and the materials used can be lawfully imported in to the destination country.

RETURNS AND REFUNDS

All returns must be requested and authorised in writing. Please contact us in writing with your reason for requesting a return, plus your name, your postcode, the order ID, the Artwork name and a daytime contact telephone number.

Change of Mind
  1.  Under EU Distance Selling Regulations, if you buy online and are a consumer, your consumer rights entitle you to a full refund by informing us in writing within 14 days of receipt of the Artwork. Where applicable, this refund will include the standard delivery charge you paid at the time of order. Non-standard delivery costs, such as but not limited to express delivery services, premium services, non-mainland UK surcharges.
  2. The EU Distance Selling Regulations do not apply to International non-EU orders, Artwork purchased by a business nor to any Commissions or Made to Order Artwork. These regulations do not apply to Artwork sold in face-to-face situations where the Buyer has had the opportunity to examine the Artwork.
  3. International non-EU orders: return requests must be made within 14 days of receipt of the Artwork. Delivery charges will not be refundable. Where delivery was included in the Artwork price, our original delivery cost will be deducted from any refund.
  4. We cannot accept any requests for returns once the 14 days have expired.
  5. You will pay all carriage charges incurred to return unwanted Artwork(s). For UK mainland orders we estimate that these costs will be similar to the original delivery costs. For non-mainland UK and International orders, we estimate that the cost of returning the Artwork will be similar to the original delivery cost, but this could vary depending on the carier used. Please contact us for details of the outward delivery costs.
  6. Once we have authorised the return of the Artwork, it must be returned to us within 30 days of the date of the order delivery.
  7. All Artwork must be returned to us in a new, undamaged, re-saleable condition, complete with all paperwork, certificates, hanging and wall fixings (where applicable), etc. We advise you to repackage the Artwork securely to guard against damages, reusing original packaging where possible.
  8. Include your original invoice with the returned Artwork.
  9. All returned Artwork is fully inspected, and if does not meet these conditions, you will not be eligible for a refund.
  10. When returning Artwork to us we recommend that you obtain a proof of postage/courier receipt and tracking information. Returned Artwork remains your responsibility until it reaches us. We cannot be held responsible for Artwork which is lost or damaged in transit.
  11. International (non-EU) returns and paperwork must clearly be marked as ‘goods from the UK being returned for refund' to help prevent issues with Customs.  
  12. International (non-EU) orders: please note that we are unable to refund any duty paid or Customs fees on the Artwork returned to us as this is a contract between you and Customs & Excise in your own country.
  13. Approved refunds will be processed and issued via the original method of payment no later than 7 working days after we receive and check your returned Artwork to ensure that all conditions have been met.
Cancellation of Order
  1. Please contact us by email as soon as possible notifying us of your wish to cancel your order.
  2. If the Artwork has not yet been dispatched we will cancel your order and refund your payment in full.
  3. If your order has already been dispatched, you will need to wait until the order is delivered to you and then return it to us within 7 working days.
  4. The buyer will pay all carriage charges incurred to return the cancelled order to us.   
Artwork Damaged in Transit
  1. Please check your Artwork on receipt of delivery. If Artwork does arrive damaged during transit, please let us know in writing within 24 hours of delivery. We are not able to claim for damage from the carrier if this time elapses. If you do not inform us within 24 hours of delivery, then we will have no liability for items said to be damaged on delivery.
  2. If the outer packaging is visibly damaged on receipt you must clearly state "damaged" on the carrier's delivery note when signing for the goods. Otherwise, we are not able to claim for damage from the carrier and we will not take responsibility for items with damaged outer packaging if this is the case. Please take a digital photo of the damaged outer packaging before you open it.
  3. Contact us by email within 24 hours of delivery with a detailed description of the damage to the outer packaging as well as to the contents inside, plus your name, the order ID, the item description and a daytime contact telephone number.
  4. We also require you to include digital photos of the outer and inner packaging and the Artwork which clearly depict the damage. Without this written information and photographic evidence of damage, we will not be able to process your claim or a refund.
  5. Please do not return Artwork to us until we have given you authorisation to do so. Without written authorisation from us, we will not be liable to refund any carriage costs incurred by you in returning Artwork to us.
  6. Where we do make an authorised request for the damaged Artwork to be returned to us, we will reimburse your reasonable cost of returning it to us where an original carrier receipt or proof of purchase is provided so long as your cost for the return carriage does not exceed the cost of the original carriage we paid to send the item to you.
  7. International (non-EU) orders: please note that we are unable to refund any duty paid or Customs fees on the Artwork returned to us as this is a contract between you and Customs & Excise in your own country.
  8. When returning goods to us we advise you to obtain a proof of postage/carrier receipt and tracking information. Returned goods remain your responsibility until they reach us. We cannot be held responsible for returned goods lost or further damaged in transit.
  9. International (non-EU) returns and paperwork must clearly be marked as ‘goods from the UK being returned for refund' to help prevent issues with Customs.  
  10. Approved refunds will be processed and issued via the original method of payment no later than 7 working days after we receive and check the described damage on the returned goods.

COPYRIGHT AND REPRODUCTION
  1. Copyright of the Artwork (including any preliminary drawings, designs, photos, videos and other representations of the Design and Artwork, including electronic versions) shall remain at all times the property of the Artist.
  2. No copying or reproduction of the Artwork in any form is permitted without written permission from the Artist.
  3. Breaches of copyright will be taken very seriously.

CREDITS AND MORAL RIGHTS
  1. The Artist hereby asserts her moral right to be identified as the creator of the Artwork on all occasions in accordance with the Copyright Designs and Patents Act 1988.
  2. Without prejudice to the Artist’s statutory moral rights, the Buyer undertakes not to alter or to intentionally damage or destroy the Artwork, or knowingly consent to others doing so, without the prior written approval of the Artist.

COMMISSIONS
  1. We will provide you with a separate Agreement and costs for a Commission or Made to Order Artwork based on your requirements.
  2. Commissions are subject to separate Terms and Conditions.
  3. Please contact us for more information.

ARTWORK PURCHASED FACE-TO-FACE
  1. Purchases made by you in face-to-face situations, including but not limited to exhibitions and events, and at the Artist's studio, where you have had the opportunity to view and inspect the Artwork are not eligible for return or refund.

ARTWORK PURCHASED VIA THIRD PARTIES
  1. Purchases made from third party galleries and shops and third party websites are subject to the third party's own purchasing terms and conditions.
  2. The Artist's terms regarding copyright, reproduction, credits and moral rights apply at all times.

APPLICABLE LAW

These terms and conditions shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.
     

Questions Related to Terms & Conditions

If you have any other questions regarding our Terms & Conditions, do not hesitate to contact us.