1. This website is operated by Flora Fairbairn & Co.
2. These Terms and Conditions govern the relationship between us and our users. By using or accessing or visiting our site, you agree to be these Terms and Conditions. If you object to anything in these Terms and Conditions or our Privacy Policy, do not use our site.
DEFINITIONS & INTERPRETATION
3. In these terms and conditions:
3.1. ‘our content’ means information we publish on our site.
3.2. 'your content’ means information you submit on our site, including information about you
3.3. ‘Flora Fairbairn & Co.’ means the company, Flora Fairbairn & Co.
3.4. 'our site’ means our presence on the Internet at www.florafairbairn.com
3.5. 'our’, ‘we’ and ‘us’ means Flora Fairbairn & Co. and, where applicable, its employees, partners, affiliates and authorised agents; and
3.6. 'products’ means the goods and/or services provided by Flora Fairbairn & Co. including, but not limited to, our projects, artworks offered for sale, and consultancy services.
3.7. 'seller’ means the named brand, artist, organisation or individual on whose behalf we list artworks and sell them as their agent
3.8. 'use’ means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of
3.9. ‘user’ means any user of our site
3.10. ‘you’ and ‘your’ include any user of our site
ORDERS & PAYMENT
4. All artwork enquiries are subject to acceptance and availability. Unless otherwise stated, artworks listed as available on the site are in stock and available. Orders may be despatched directly by the seller or fulfilled by us on the seller’s behalf. All artworks, regardless of location, are sold on behalf of the seller named on the artwork or exhibition page by us as their agent.
5. We must receive payment of the whole of the price for the items that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide. After this time, the order may still be rejected at our discretion or if the seller cannot fulfil the item for any reason. If your order is rejected or your item becomes unavailable we will contact you as soon as possible to inform you and you will be offered a full refund. Our liability and that of the seller will be limited to a full refund in this situation.
6. Acceptance of your order is on the basis of the following Terms and Conditions which apply between you, us, and the seller
YOUR DETAILS
7. By providing us with your details to make a purchase you agree that:
7.1. You will provide us with accurate personal information to the extent necessary to process and fulfil your order and will keep this information up to date;
7.2. You will not attempt to purchase any artwork or service on the site for anyone other than yourself without permission and you will not share your account details with anyone else or do anything else to jeopardise the security of the transaction;
7.3. You will notify us of any breaches of these Terms and Conditions or any breach of security of your account by e-mailing us at flora@florafairbairn.com
ACCESS
8. We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice (including blocking IP addresses) and to decline to provide the service to any user that is in breach of these terms and conditions of use.
LINKS TO OTHER SITES
9. Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site. Copyright and Trademarks.
PRICE & PAYMENT
10. The prices payable for the goods and/or services that you order are as set out on our website, or as set out in any correspondence following an enquiry about such goods and/or services. If you fail at any time to pay any charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, refuse to provide you with our goods and/or services. We need not provide you with advance notice in such circumstances.
11. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation.
12. Despite our best efforts, sometimes our products may be incorrectly priced. Where there is a discrepancy in price, and the stated price is less than the correct price for the products we will contact you for instructions before delivery or reject your order and notify you of such rejection. Where the stated price is more than the correct price, we will charge you the lower amount.
13. We may use third party payment processing services to process payments and do not make any representation or warranty with regard to their service.
TAXES
14. We have made every effort to make clear whether the quoted prices for items available through our site include any relevant tax and/or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example customs duties) imposed by operation of law for shipment to your country that is in addition to the price.
RETURNS, REFUNDS & CANCELLATION
15. If you purchase an item directly from the website you agree that payments made through our website are made at your own risk.
16. If you notify us of your intention to cancel your order with us, you must return any items to us immediately, in the same condition in which you received them. This will be at your own cost. We will not be responsible for any loss or damage to them in transit and we reserve the right to charge you for any such loss or damage.
17. You must return the item(s) in the same condition in which you received them, with their original packaging. If your handling or viewing of the item is excessive beyond that reasonably required to ensure that the item functions as expected or you damage the item in any way then the cost will be deducted from the purchase price and we will refund the balance.
18. Once we receive the item back we will assess it and will notify you of whether we are accepting the product for return. A full refund including applicable delivery costs will be processed within 14 days of us receiving the returned items.
DELIVERY
19. Unless otherwise stated on our website or in written correspondence, delivery fees will be charged in addition to the cost of the goods purchased. The delivery fee in respect of your order with us will be advised to you at the time your order is made.
20. International orders may be subject to the payment of import duties and taxes. You are responsible for payment of any such import duties and taxes.
21. Deliveries will be made using a third party organised by us. Where the buyer may request to collect or organise their own transportation of goods, we will hold no liability for any damage or loss caused in transit. The products are at your risk from the time your delivery is signed for.
COPYRIGHT
22. All rights in the design, text, graphics, art and other material on our site and the selection or arrangement thereof are the copyright of us, the seller or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods and/or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
TRADE MARKS
23. All trade marks, product names and company names or logos used in our site are our property of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
ACCURACY & VARIATIONS
24. We have taken care with the descriptions and specifications of our products and to reproduce colours and styles accurately on our website, although some variation may occur.
25. We reserve the right at any time without notice to revise the content of our site (including the goods and/or services offered by us) and these terms and conditions. Any such changes to these terms and conditions will be posted on our site and, by continuing to use our site following any such change, you will signify that you agree to be bound by the revised terms and conditions of use.
NOTICES
26. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing.
EVENTS BEYOND OUR CONTROL
27. We shall have no liability to you for any failure to deliver goods and/or services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation: strikes; lock-outs and other industrial disputes; governmental intervention; breakdown of systems or network access; flood; fire; explosion or accident.
EXCLUSIONS & LIMITATIONS
28. You use our website at your own risk.
29. We are providing this site on an ‘as is’ basis and make no representations or warranties of any kind with respect to this site or its contents and disclaim all such representations and warranties.
30. We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors.
31. We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
32. We do not represent or warrant to you that our site or any of its contents will be accurate, complete, reliable or useful. We are not and cannot be responsible for content posted, transmitted or shared on our website.
33. We do not represent or warrant that:
- 33.1. any goods and/or services (whether or not provided by us) will be provided with due care and skill; or
- 33.2. any goods and/or services (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
34. We make no representation or warranty that our site is safe to use. You agree to take a reasonable degree of caution in using our website.
35. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
- 35.1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
- 35.2. the unavailability of our site (or any part of it), or its services;
- 35.3. any delay in providing, or failure to provide or make available goods and/or services or any negligent provision of services;
- 35.4. any services not being of merchantable quality or fit for their intended purpose; or
- 35.5. any misrepresentation on or relating to our site, the services (other than a fraudulent misrepresentation made by us or on our behalf).
36. In no event shall we be liable for any damages and/or losses whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of our website, including without limitation, bodily injury, emotional distress, loss of data, loss of income or profits, damages for loss of or damage to property and/or any other damages resulting from use of our website.
37. Our maximum liability to you in respect of your use of our site or any services we provide or make available to you through or in relation to our website is limited to the purchase price of the products or services you purchased.
38. One of the exclusions or limitations in these terms and conditions shall exclude or restrict our liability for:
- 38.1. Death or personal injury caused by our negligence
- 38.2. Section 2(3) of the Consumer Protection Act 1987
- 38.3. Fraud or fraudulent misrepresentation
- 38.4. Any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
39. One of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site, or its service to you.
40. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
INDEMNITY
41. You agree to indemnify and hold us harmless from all loss, liabilities, claims, demands and expenses (including reasonable legal fees) made by any third party that may arise from any breach of these Terms and Conditions by you or through a machine on which you access our website.
WAIVER & INVALIDITY
42. Failure on our part to enforce any part of these Terms and Conditions will not be considered a waiver. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.
43. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
COMPLAINTS & DISPUTES
44. In the event of a complaint or dispute then you should raise the matter by emailing us at everyone@florafairbairn.com, and we will do our utmost to get this resolved quickly.
THIRD PARTY RIGHTS
45. A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
TRANSFER OF BUSINESS
46. We may freely assign all of our rights and obligations under these Terms and Conditions in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
GOVERNING LAW
47. The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction to resolve any disputes between us.
ENTIRE AGREEMENT
48. These terms and conditions, together with our current prices, contact details and privacy policy set out the whole of our agreement relating to the supply of the goods to you by us on behalf of the seller. No verbal statements should be understood as a variation of these terms and conditions or a representation about the nature or quality of any services offered for sale by us.
