Purchasing from me:
- Entering into a contract with me
- How to buy something
- Ordering/Purchasing via social media platforms
- Delivery and Shipping Charges
- Cancellation and returns
- Faulty Goods Guarantee
Using this Website:
- Use of the website
- Copyright and intellectual property
- Site uptime
- Links
- Exclusion of Liability
- Law and Jurisdiction
Purchasing From Me
1. Entering into a contract with me
1.1 When you place an order with me, be that for original fine art, Giclée prints or other goods, you are demonstrating an intent to buy goods. This will involve payment for these goods. When I have received your order you will receive a conformation email that I have received your order and payment.
1.2 Once your payment has been successfully received and processed by the service provider through which you chose to make payment, I will notify you that your order has been processed and it is at this point that we have a contract between us.
1.3 I have made every effort to display as accurately as possible the colours of my paintings and prints that appear on this website. However, due to the slightly differing nature of monitors, screen brightness, resolution etc I cannot guarantee that it will reflect the precise colour and tone of the real piece of thing.
1.4 All information provided is approximate and is provided in good faith.
1.5 Any contract we enter into will be covered by English law.
1.6 By placing an order with me and paying for your goods you agree to and accept these terms, as well as my privacy policy, and the terms of website use.
1.7 I am fully compliant with my obligations under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
2. How to buy something
2.1 You can use my website to place an order by selecting the product you wish to buy and adding it to your cart. Items you do not require can be removed from your cart at any time.
2.2 Alternatively, you may also purchase via social media. Please see section 3 of these terms and conditions for details regarding purchasing via social media platforms.
2.2 Shipping charges will be given before you commit to buy anything and include insurance to the full value of the goods being sent.
2.3 You will be required to pay for the goods and shipping costs in full at the time of ordering.
2.4 I use secure payment processing facilities for online purchases. You can pay for your order by Visa, Mastercard, Amex or Delta/Connect. Plus also PayPal and BACS. I also accept international transfers but I currently do not accept Western Union or NoChex. This site uses an Extended Value SSL Certificate using 2056 bit encryption.
2.5 All prices quoted on my website are in UK pounds sterling and as I am not a VAT registered business you will not be charged VAT at checkout.
2.6 For non-UK countries there may charges for importing goods, even though art and antiquities are rated at zero (International HS code for sculpture: 970300 and for paintings: 970110). However, it is your responsibility to pay import duty if charged.
2.7 Once your order is complete I will notify you of the dispatch date (usually around 7-10 days after checkout).
3. Ordering/purchasing via social media platforms
3.1 While I strongly recommend that you use this website to complete any purchases you may wish to make, you may also contact me to purchase via any of my social media channels. Social media channels I have are: Instagram (@FMFineArt), X (@FMFine_Art), Facebook (@FMFineArt), Pinterest(fmfineart) and YouTube (@frankiemorganfineart). IMPORTANT: Please beware of any imitation channels or profiles as scammers have been known to set up fake profiles using a slightly different handle and using the original images from whoever they are pretending to be in order to extract money form you. Other scammers will offer paintings or items for sale as a second hand item. I will not be held liable if you fall victim to a scammer which is why I highly recommend using this website to make your purchases as opposed to using social media and encourage you to do your due diligence before buying any second hand items from online.
3.2 Should you still wish to purchase via social media, following discussion via the messaging service on any of the aforementioned platforms, I will forward you an invoice to the email address to which you instruct your invoice to be sent as detailed in your social media communication.
3.3 While every effort will be made to ensure that your delivery address, details of the products you wish to purchase and any other important details are input into the invoice correctly before being sent to you it, will remain your responsibility to check the invoice you receive to ensure that all the details are in fact correct.
3.4 Failure to check this information may result in either the wrong goods being delivered or the goods being delivered to the incorrect delivery address neither of which I will be held liable for.
3.5 Once satisfied that your details are correct and that you are happy to proceed you may pay the invoice using any payment method detailed on the invoice.
3.6 As soon as the payment is received and processed by the payment processing platform I will notify you that your order has been processed and then you will have entered into a contract with me and all points from these terms and conditions from section 1.2 and beyond will apply.
4. Delivery &shipping charges
4.1 Goods will normally be dispatched within 10-14 working days.
4.2 A carrier or shipping agent will normally deliver goods within 2-3 working days of dispatch for the UK and 5-8 days for overseas shipments.
4.3 All original art as well as signed Glicée prints will be sent using a fully tracked and insured courier service and packaged to the highest standard to avoid damage in transit. A tracking number will be emailed to you so that you can track your shipment.
4.4 Your goods will be delivered to the address you gave on your order. I will not be held liable for loss or damage of your goods should you make an error when inputing your delivery address when ordering or from failing to check your delivery address is correct when paying an invoice.
4.5 You must be at home to accept delivery of your order, which is normally between 9:00am and 6:00pm Monday-Friday. I will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
4.6 Disposal of packing materials is your responsibility.
4.7 After two failed delivery attempts (or if you are not at home for an agreed delivery) the goods may be returned to the me where I reserve the right to charge you an additional re-delivery charge.
4.8 If you change the delivery address once the goods have been dispatched to you, I reserve the right to pass on any extra charges made by our carriers for redirecting your delivery if they are able.
4.9 Please check the goods on delivery – any goods found to be damaged should be notified to the delivery driver at the time of delivery or to me within 24hours.
4.10 If the goods are lost in transit, please let me know promptly.
4.11 Sometimes, for reasons beyond mine or the courier’s control I may be prevented from delivering your goods. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers.
5. Cancellation and returns
5.1 You can cancel your contract at any time up to 14 days after the day of delivery. To do this, please e-mail or write to me. I am unable to accept cancellations by telephone or via social media messaging services.
5.2 You do not have to give any reason for cancellation. However, in an effort to improve the service that I offer my customers in the future it would be helpful if you could give a brief explanation outlining your reasons for cancellation.
5.3 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to me at your own expense. You must ensure that the goods are packaged adequately to protect against damage and you must use a tracked courier/postal service.
5.4 You may properly examine the goods for 14 days as you would do had you visited me.
5.5 If you fail to return the goods within this time frame then it will be presumed that you have changed your mind and wish to keep the goods and so no refund will be issued.
5.6 If you fail to take reasonable care of the goods before they are returned to me, and this results in damage or deterioration, I will charge you for the reduction in value.
5.7 Within 30 days I will refund all monies paid to me by you to the total value of all goods returned, including the original postage and packaging costs less any further costs due under this contract.
5.8 I will not refund any import duty you incurred when accepting the shipment into the country you instructed the goods to be sent to.
5.9 Business customers, or customers exempt from the distance selling regulations may not cancel an order without our mutual agreement. This cancellation policy does not affect your legal rights – for example, if goods are faulty or misdescribed.
6. Faulty goods / guarantee
6.1 If there is a problem with the goods, please notify me by email, or in writing, providing details of the problem. Its helpful if you can provide me with a digital photograph of the problem as this usually saves you having to return the goods for inspection. I will deal with the matter in accordance with your legal rights.
6.3 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received by me and checked. The cost of returning goods to me is your responsibility, however on inspection I will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.
Using this Website
Please read this disclaimer in full before you use this Website.
Using the Website implies that you accept the terms of this disclaimer. I do update this disclaimer occasionally so please refer back to it in the future.
1. Use of website
1.1 You are permitted to use my website for your own purposes and to print and download material provided that you do not modify any content without my consent. Material on this website must not be republished online or offline without my permission.
2. Copyright and intellectual property
2.1 The copyright and other intellectual property rights in all material on this Website are owned by me and must not be reproduced without my prior consent.
3. Site uptime
3.1 I take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore I will not be liable if this website is unavailable at any time.
4. Links
4.1 Any links to third party websites located on this Website are provided for your convenience only. I have not reviewed each third party website and have no responsibility for such third party websites or their content.
4.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that I am endorsing any services or products unless this has been specifically agreed with me.
4.3 If you choose to link to my website in breach of Paragraph 4.2 you shall fully indemnify me for any loss or damage suffered as a result of your actions.
5. Exclusion of liability
5.1 I take all reasonable steps to ensure that the information on this Website is correct. However, I do not guarantee the correctness or completeness of material on this Website. Neither I nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of my website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
6. Law and jurisdiction
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.