Terms and conditions
Please read all these terms and conditions.
As I can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email me on deborah@deborahjacksonart.com.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). I am Deborah Jackson of 1 SpringMill Drive, Mossley Lancs, OL5 9GG with email address deborah@deborahjacksonart.com; (the Supplier or I or me).
2. These are the terms on which I sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
2. Contract means the legally-binding agreement between you and me for the supply of the Goods;
3. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
5. Goods means the goods advertised on the Website that I supply to you of the number and description as set out in the Order;
6. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
8. Website means my website www.deborahjacksonart.com on which the Goods are advertised.
Goods
1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and as the goods are individually made then there will be variations in the size and colour of the Goods supplied.
2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. Please see my Commission page for more information on this.
3. All Goods which appear on the Website are subject to availability.
4. I can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. I will notify you of these changes.
Personal information
1. I retain and use all information strictly under the Privacy Policy.
2. I may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Privacy Policy
1. I am committed to safeguarding and preserving the privacy of my visitors
2. Deborah Jackson is the data controller and is responsible for your personal data.
3. It is important that the information held about you is up to date and accurate. Please email deborah@deborahjacksonart.com to let me know of any changes to the details held by me.
Through the operating and the maintaining of my website I may collect the following data about you:
- Customer Data includes any data relating to the purchase of goods and/or services such as your name, title, billing address, delivery address, email address, phone number. I process this data to supply the goods and/or services you have purchased from me and to keep records of such transactions. My lawful ground for this processing is the performance of a contract between you and I and/or taking steps at your request to enter into such a contract.
- Communication Data this will includes any communication that you send to me either through email, the contact form on my website, text, social media messaging, social media posting or any other communication that you send me. I process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. The lawful ground for my processing this data is my legitimate interests which in this case are to reply to communications sent to me, to keep records and to establish, pursue or defend legal claims.
- Marketing Data includes data about your preferences in receiving marketing from me and includes your communication preferences. This data is processed so you can join in with competitions, prizes and giveaways and for me to be able to write content relevant and interesting to you and be able to understand the effectiveness of it. The lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
- Technical Data is data about how you use my website and online services. This includes your IP address, your login data, page views and navigation paths, details about the number of times you use my website, time zone settings and other technology on the devices you use to access my website. The source of this data is from our analytics tracking system. I process this data to analyse your use of my website. The lawful ground for this processing is my legitimate interests which in this case are to enable me to properly administer and grow my website and business and to make decisions about my marketing strategy.
- User Data is data collected about how you use my website or other online services. I process this data to maintain my website and to make certain that the content I provide is relevant and of interest to you, to allow backups of the site and to make certain the security of the website. The lawful ground for this processing is my legitimate interests which in this case is to enable me to properly administer my website and business.
Sensitive Data
I use your personal data to fulfil terms of a contract between us. Usually to deliver goods and services you have purchased from me.
We require your explicit consent for processing sensitive data and it is YOUR LEGAL RIGHT to unsubscribe at any time by clicking on the link at the bottom of every email I send.
I may use the information and data described above to:
- Create and administer your account; and
- Deliver any goods or services purchased by you to you; and
- Correspond with you; and
- Process payments or refunds; and
- Contact you about new offerings that I think you will be interested in; and
- Interact with you via social media; and
- Send you a newsletter or other updates about my company or website; and
- Deliver targeted advertising; and
- Request feedback from you; and
- Notify you of updates to my goods and services; and
- Resolve disputes and troubleshoot any problems; and
- Administer contests or giveaways; and
- Generate a profile that is personalised to you, so that future interactions with my website will be more personal; and
- Compile anonymous statistical data for my own use; and
- Analyze trends to improve my website, products and services.
Paypal
I use PayPal as my payment provider. Paypal retain all data related to on their secure servers and only provides me with Name, postal address and email address. Paypal does not allow me to delete any customer’s personal information from their website. If you have a data query regarding a Paypal issue then you should contact Paypal directly to resolve this.
Cookies
Please see my Cookies Policy for more information.
Contact Me
If you have any queries about how I process your data then you can contact me Deborah Jackson (Data Controller) to ask any questions. Email: deborah@deborahjacksonart.com
Basis of Sale
1. The description of the Goods in my website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, I can reject it for any reason, although I will try to tell you the reason without delay.
2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
3. A Contract will be formed for the sale of Goods ordered only when you receive an email from me confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. I am not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to me giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
4. Any quotation is valid for a maximum period of 30 days from its date, unless I expressly withdraw it at an earlier time.
5. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell me, so that I can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
1. The price of the Goods and any additional delivery or other charges is as set out on the Website at the date of the Order or such other price as I may agree in writing.
2. Prices and charges include VAT at the rate applicable at the time of the Order.
3. You must pay by submitting your credit/debit card or Paypal details with your Order and I can take payment immediately or otherwise before delivery of the Goods.
Delivery
1. I will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
2. In the case of personalised Commission pieces, I will determine with you the delivery period before work starts. Please see my Commissions page for further details.
3. If you live outside the UK, you may need to pay import duties or other taxes. This will be your (the buyer’s) responsibility.
4. You agree I may deliver the Goods in instalments if I suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
5. If you or your nominee fail, through no fault of mine, to take delivery of the Goods at the Delivery Location, I may charge the reasonable costs of storing and redelivering them.
6. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
2. You do not own the Goods until we have received payment in full.
Withdrawal and cancellation
1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
2. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving me a reason, and without liability, except in that case, you must return any of my goods at your own expense. Then I must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
3. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
c. Also, the Cancellation Rights for a Contract cease to be available if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
4. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
5. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
6. To exercise the right to cancel, you must inform me of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
7. You can also email your decision to cancel to deborah@deborahjacksonart.com and I wil acknowledge receipt of this information by return email.
8. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
9. Except as set out below, if you cancel this Contract, I will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by me).
Deduction for Goods supplied
10. I may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay me the amount of that loss.
Timing of reimbursement
11. I will make the reimbursement without undue delay, and not later than:
a. 14 days after the day I receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
12. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
13. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods to Deborah Jackson 1 Spring Mill Drive Mossley,Manchester, Lancs OL5 9GG without delay and in any event not later than 14 days from the day on which you communicate to me your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
14. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object;
Conformity
1. I have a legal duty to supply the Goods in conformity with the Contract, and it will not have conformed if it does not meet the following obligation.
2. Upon delivery, the Goods will:
a. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to me (unless you do not actually rely, or it is unreasonable for you to rely, on my skill and judgment) and be fit for any purpose held out by me or set out in the Contract; and
b. conform to their description.
c. be of satisfactory quality.
Successors and our sub-contractors
1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
1. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
Excluding liability
1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
Attribution
1. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
Model cancellation Form
To
Email address: deborah@deborahjacksonart.com
Telephone number: 07551445221
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date
[*] Delete as appropriate.
Ability to Accept Terms of Service:
Customer confirms that they are at least eighteen (18) years of age, and are fully able and competent to read, understand and enter into this contract, including all conditions, obligations, affirmations, representations, and warranties set forth in this contract, and to abide by, and comply with, all terms of this contract.
General:
I reserve the right to amend this contract at any time and without notice, and it is the customers responsibility to review this contract for any periodic changes. Use of the website following any amendment of this contract will signify the customers’ acceptance of its revised terms.
