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Terms and conditions

Website Terms & Conditions

1. Introduction

These terms and conditions govern your use of Ben Goymour Ltd website (www.bengoymour.com); by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website

2. Intellectual Property Rights

Unless otherwise stated, we, Ben Goymour Ltd own the intellectual property rights in the website and/or material on the website. Subject to the licence below, all these intellectual property rights are reserved.

3. Licence To Use Website

You may view, download for caching purposes only and print pages from the website for your own personal use, subject to the restrictions below. You must not:

  • 3.1 Republish material from this website (including republication on another website);

  • 3.2 Sell, rent or otherwise sub-license material on the website;

  • 3.3 Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

  • 3.4 Edit or otherwise modify any material on the website;

  • 3.5 Redistribute material from this website except for content specifically and expressly made available for
    redistribution. Where content is specifically made available for redistribution, it may only be redistributed
    within your business or to your clients for presentation only.

 

4. Limitations Of Liability

The information on this website is provided free-of-charge and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

5. Restricted Access

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.

 

6. Website Usage

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. 

You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website for any purposes related to marketing without our express written consent.

You must not use our website to copy, publish or send mass mailings or spam.

You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.

All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

We reserve the right to edit or remove any material posted upon our website.

We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.

7. Variation

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

8. Entire Agreement

These terms and conditions constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of this website.

9. Law And Jurisdiction

This notice will be governed by and construed in accordance with English law and any disputes relating to this notice
shall be subject to the exclusive jurisdiction of the courts of England.

10. Our Contact Details

The full name of our company is Ben Goymour Ltd Registered in England & Wales under registration number 12498282.

 

Ben Goymour Ltd Customer Terms & Conditions Of Use

1. Introduction

1.1 In respect of an order made through Ben Goymour Ltd website, the maximum order quantity for any one item is five for prints and one for original artwork. Select the number of items you wish to buy, then click on checkout and enter your personal details. Your order will then be sent to Ben Goymour Ltd by e-mail. You can also order by telephone on +44 (0)7943 804582

1.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out. All prices are subject to VAT where applicable.

1.3 If the Goods are to be delivered by Ben Goymour Ltd and we elect to invoice on or after delivery, you shall pay the invoice in full and in cleared funds within 5 Business Days from the date of the invoice. Payment shall be paid to the bank account nominated in writing by Ben Goymour Ltd. Time for payment is of the essence.

1.4 If Ben Goymour Ltd agrees at its sole discretion to allow you to make payment of the Goods by way of instalments, if you fail to make an instalment payment when due, you are treated as having breached the contract terms and Ben Goymour Ltd will be entitled to refund the instalments received and resell the Goods at whatever price Ben Goymour Ltd decides.

1.5 If you order bespoke commissioned goods and pay a deposit on ordering, the balance of the purchase price shall be due and payable on Ben Goymour Ltd notifying you that the goods are ready for collection. Failure by you to pay the balance of the price will result in the you forfeiting your deposit.

2. Orders and Prices

2.1 In respect of an order made through Ben Goymour Ltd website, the maximum order quantity for any one item is five for prints and one for original artwork. Select the number of items you wish to buy, then click on checkout and enter your personal details. Your order will then be sent to Ben Goymour Ltd by e-mail. You can also order by telephone on +44 (0)7927 405

2.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out. All prices are subject to VAT where applicable.

3. Delivery And Collection

3.1 If you purchase the Artwork through the Internet or Mail Order, items can either be collected or delivery may be made by Ben Goymour Ltd to the address specified in your order subject to distance. If distance is too great for personal delivery by Ben Goymour Ltd, delivery will be made through one of our preferred couriers for UK orders. International courier services for non-UK orders are also available. Discretionary free delivery will be available to most of England, Wales and Scotland. We will contact you directly if we have a problem delivering to your address which may incur delivery charges. To discuss any delivery queries, please get in touch through our online chat, contact form or call us on 07927 405766. We will always try our best to deliver to you as quickly as we can.  Please allow up to 14 working days for delivery of items in stock. Delivery time for commissions will be discussed on your enquiry.

3.2 Delivery to you will be deemed to have occurred once the packaged, stamped and addressed Artwork is placed with the courier, or delivery in person has occurred by a member of Ben Goymour Ltd staff.

3.3 Where you request for delivery other than in accordance with condition 3.1, Ben Goymour Ltd shall be under no obligation under section 32 (2) of the Sale of Goods Act 1979.

3.4 Upon receipt of your goods, you have the responsibility for thoroughly checking that the goods have arrived in good order. In the unlikely event that you find damage to the goods, you are to advise Ben Goymour Ltd with photographic support of the damage and return the goods to Ben Goymour without delay. In the unlikely event that you do not like your painting, goods will be accepted for return within 14 days of delivery.  Returns must be in an unused, resalable condition. Return delivery is to be paid by you the customer.  Note that no claims will be accepted in respect of any changes in colouring of artworks which have occurred through natural processes. Ben Goymour Ltd will ask you to return the goods to us or (at our option) arrange collection and once we have checked the goods are damaged or defective, we will either (at our option):

  • 3.4.1 provide you with a full or partial refund (including refund of any reasonable delivery charges which you have incurred); or

  • 3.4.2 replace the goods; or 

  • 3.4.3 repair the goods.

 

4. Title and Risk

Title and risk in the Artwork shall pass to you when Ben Goymour Ltd has received the payment price for the Artwork in full, in cash or in cleared funds, and collection or delivery has been made. Upon such payment and collection or delivery, you will be responsible for the Artwork, the risk of damage to or loss of the Artwork will pass to you and you shall be responsible for insuring the same.

5. Ownership of Copyright

5.1 The Artwork was produced with the intention that it will be sold exclusively through Ben Goymour Ltd or any other outlet approved by Ben Goymour Ltd. It is the Artist’s expectation that the Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment.

5.2 In addition, but without prejudice to your undertakings set out at condition 5.1 above, you may not sell or offer to sell the Artwork on any internet-based site of any description.

5.3 In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Artwork shall remain the property of the Artist at all times.

5.4 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction of any image of the Artwork to any third party, including any internet website, for any purpose.

5.5 If you breach any of your obligations set out under condition 5.3 you agree that the payment of damages alone may not be a sufficient remedy to compensate Ben Goymour Ltd or the Artist for any such breach. We and/or the Artist may carry out all or any of the following actions:

  • 5.5.1 Apply to the Court seeking an Order to prevent you from continuing to breach your obligations under these Terms and Conditions;

  • 5.5.2 Apply to the Court seeking an Order that the Artwork or any item or items produced in breach of these Terms and Conditions shall be delivered up to us carriage paid;

  • 5.5.3 Apply to the Court seeking an Order to require that any items produced in breach of these Terms and Conditions shall be destroyed; or

  • 5.5.4 Apply to the Court seeking an Order to require that any offer for sale or image of the Artwork placed by you (whether directly or indirectly) on any internet website is removed.

5.6 The list set out above is not exhaustive and you will indemnify us in respect of the cost of any steps taken pursuant to condition 5.5 as a result of your breach of these Terms and Conditions.

6. Data Protection

6.1 By signing/agreeing these Terms and Conditions, you confirm that you are aware of and consent to the use by Ben Goymour Ltd of any personal data within the meaning of the Data Protection Act 1998 and that Ben Goymour Ltd may create and maintain computer and paper records, collect, hold, control, use and transmit personally identifiable information obtained from you in the course of the purchase of the Artwork.

6.2 By agreeing to these Terms and Conditions you consent that such personal data may be used for promotions connected with Ben Goymour Ltd and may be provided to any third party in a similar business to Ben Goymour Ltd.

6.3 You consent to Ben Goymour Ltd revealing personal data to the Artist should you breach these Terms and Conditions.

7. Liability of Ben Goymour Ltd

7.1 Except in respect of death or personal injury caused by Ben Goymour’s  negligence, Ben Goymour shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Ben Goymour Ltd, its employees, agents, subcontractors or otherwise) which arise out of or in connection with the sale of the Artwork or its use by you and the entire liability of Ben Goymour Ltd under or in connection with the sale of the Artwork to you shall not exceed the total sum paid under the invoice for the Artwork.

7.2 Ben Goymour Ltd does not accept any liability for damage to the Artwork caused by your own negligence or fault, in particular, but not restricted to, in the maintenance of the Artwork.

8. Rights of Third Parties

No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms and Conditions other than in respect of condition 5 above, which confers a benefit on the Artist and is intended to be enforceable by the Artist.

9. Cancellation & Returns:

You can cancel your contract at any time up to 14 days after day of delivery. To do this, please email us at ben@bengoymour.com . A brief explanation of why you are returning your item will help us to improve the service we offer to customers in the future. 

If you cancel, you must return the goods to us at your own expense. You must ensure that the goods are packaged adequately to protect against damage.

If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.

This cancellation policy does not effect your legal rights - for example, if the goods are faulty or wrongly described.

10. Waiver

No failure or delay by Ben Goymour Ltd in exercising any right, power or privilege shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.

11. Severance

If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.