JILL HAMPSHIRE

Fine Art

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Terms and Conditions

Terms and Conditions

Last updated: 26 March 2023

I, Jill Hampshire (“jillhampshire.com”) own and operate this website.  Access to and use of this website and the artwork available through this website are subject to the following terms, conditions and notices (“Terms of Service”).

Privacy Policy

My privacy policy, which sets out how I will use your information, can be found here. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Intellectual Property

The intellectual property rights in content (including photographic images) made available to you on this website remain the property of me, Jill Hampshire, and are protected by copyright laws and treaties around the world. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

Artwork

The images of the artwork shown on this website are for illustrative purposes only.  Although I have made every effort to display the colors accurately, I cannot guarantee that your computer’s display of the colors accurately reflect the color of the artwork.  Your artwork may vary from those images.

Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the artwork you have ordered has been dispatched to you. Only the artwork listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Pricing and Availability

If I am unable to supply you with an artwork, for example, because that artwork is no longer available or because I cannot meet your requested delivery date or because of an error in the price on the site I will inform you of this by email, and will not process your order. If you have already paid for the artwork, I will refund you the full amount including any delivery costs charged as soon as possible.

Payment

In order to contract with me you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to me and I retain the right to refuse any request made by you. If your order is accepted I will inform you by email. When placing an order you undertake that all details you provide to me are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

By placing an order you are offering to purchase artwork from me, however, all orders are subject to availability and confirmation of the order price.

Upon receiving your order I carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the artwork you wish to purchase. Once the artwork(s) have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Delivery

Artwork is typically shipped within 14 day s after an order is placed.  I will provide you with an estimated delivery date in the Dispatch Confirmation, which will be within 30 days after the date of the Dispatch Confirmation (the date on which I email you to confirm the acceptance of your order). Delivery usually takes place within one week of the Dispatch Confirmation, although this cannot be guaranteed. Occasionally the delivery to you may be affected by an event outside of my control, such as postal delays or force majeure for which I will not be responsible.

Delivery of an order shall be completed when I deliver the artwork to the address you gave me and the artwork will be your responsibility from that time forward.

Disclaimer of Liability

If I fail to comply with these Terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breach of these Terms or my negligence, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of my breach, or if it was contemplated by you and me at the time we entered into this contract.

I only supply the artwork for domestic and private use. You agree not to use the artwork for any commercial, business or resale purposes, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Linking to this Website

You may link to my home page, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Indemnity

You agree to indemnify, defend and hold harmless jillhampshire.com, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Variation

jillhampshire.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

I operate a complaints handling procedure which I will use to try to resolve disputes when they first arise, please let me know if you have any complaints or comments.

Waiver

If you breach these conditions and I take no action, I will still be entitled to use my rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and jillhampshire.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed Jill Hampshire.

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