Terms and Conditions
The terms and conditions outlined below, are in place to protect both parties and by paying for services, the client is agreeing to be bound by them.
SALE OF PRINTED PRODUCTS
TERMS OF SALE Mark Roden Art (“our company”)
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the printed products (“Products”) listed on our website www.markrodenart.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please note that we limit our liability at paragraph 15 below. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1. Our site is operated by Mark Roden Art, Houston, Texas, USA (“we/us/our”).
2. YOUR STATUS
1. By placing an order with our company, you warrant that: a) You are legally capable of entering into binding contracts; and b) You are at least 18 years old. c) That any files or artwork you send us are owned by you and have full copyright permission.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the “Order Confirmation”). We are unable to issue an Order Confirmation until such time as the ordering process is complete. The contract between us (“Contract”) will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.
4. USE OF DESIGNS
1. All designs on our site are owned by and copyrighted by Mark Roden.
5. MATERIAL AND INFORMATION PROVIDED BY YOU
1. Not Applicable.
1. Not Applicable.
7. AVAILABILITY AND DELIVERY
1. Unless there are exceptional circumstances, after we have received your acceptance of approval, your Products will usually be dispatched for delivery between 1 - 3 working days or as otherwise specified. 2. Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.
1. You must notify us within 30 days of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action. 2. The earliest date we can claim against the Post Office for non-delivery is 15 working days from the date of shipping. We cannot process a reprint before this time. You should notify us by phone or email if your goods have not arrived after 15 working days. 3. Once you have notified us in accordance with paragraph 8.2, we will then send you a form to complete and return to us. Once the form is received we will redeliver Products to you, at no further cost or expense to you.
1. Not Applicable.
1. Not Applicable.
11. RISK AND TITLE
1. The Products will be at your risk from the time of delivery. 2. Ownership of the Products will pass to you on delivery.
12. PRICE AND PAYMENT
1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. 2. These prices will include sales tax where applicable.. Prices will also include delivery costs, to one address per order. 3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. 4. We do not store any credit or debit card data.
13. OUR REPLACEMENT POLICY
1. If you believe that a Product is defective, we will ask you to return them to us for our examination. If we agree that the Products are defective and that we are at fault, we will reprint the Products free of charge. In the case of original artwork, please refer to return policy for more information.
1. Claims for damage, shortages or non delivery must be advised by phone or email within 30 days from the date that the Products were shipped.
2. We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 14.1 except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.
15. OUR LIABILITY
1. Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (excluding delivery costs). 2. We do not exclude or limit in any way our liability: a) For death or personal injury caused by our negligence; b) Under section 2(3) of the Consumer Protection Act 1987; c) For fraud or fraudulent misrepresentation; or d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. 3. Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for: a) Any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time; or b) Any indirect or consequential loss or damage of any kind however arising, even if foreseeable.
16. WRITTEN COMMUNICATIONS
1. When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
1. You must give notice to Mark Roden Art either at its registered office by registered post at your cost, or electronically using the messaging facility on our site or by email. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in paragraph 16. Notice will be deemed received and properly served: a) Within 1 working day when given electronically; and b) 3 working days after the date of posting of any letter when served by post. 2. In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
1. The Contract is binding on you and us and on our respective successors and assigns. 2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: a) Strikes, lock-outs or other industrial action; b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; e) Impossibility of the use of public or private telecommunications networks; and f) The acts, decrees, legislation, regulations or restrictions of any government. 3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 2. A waiver by us of any default shall not constitute a waiver of any subsequent default. 3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 17 above.
1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. ENTIRE AGREEMENT
1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. 3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
1. We have the right to revise and amend these terms and conditions from time to time. 2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
24. LAW AND JURISDICTION
1. Contracts for the purchase of Products through our site will be governed by the laws of the State of Texas and the United States of America (USA). Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of the State of Texas and the United States of America (USA).
25. Mark Roden, and Mark Roden Art retain all copyrights or other intellectual property related to any product, whether printed or original, and no unauthorized copying in any form is allowed.