Terms & Conditions
1.TERMS AND CONDITIONS FOR JAI SOL ART LTD WEBSITE PURCHASES
1.1 These terms and conditions (the “terms”) apply to:
1.1.1 Goods and services refer to purchases made through Jai Sol Art Ltd Website www.jaisolart.com from here on in referred to as "Website". Please note these terms apply regardless from where or how you access www.jaisolart.com.
1.2 By purchasing through www.jaisolart.com you confirm that you have read, understood and agree to these terms in their entirety. If you do not agree to these terms in their entirety, you must not make any purchases. In purchasing any artworks you are by default agreeing to these terms by default.
1.3 You may only use www.jaisolart.com for lawful purposes, and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the site.
1.4 You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into or distribute in any way the web pages or materials on www.jaisolart.com. You may not use the content of the Website for any commercial purposes whatsoever any infringement of this will be taken seriously and Jai Sol Art will look for indemnification. All artworks are copyrighted and Jai Sol Art Ltd retain the intellectual property. Permission is not granted for the replication, licensing or re-distribution of any artwork.
1.5 Some artworks displayed on www.jaisolart.com can be viewed at specific galleries, events and exhibitions where the artwork is showcased it is possible to request a private viewing by messaging firstname.lastname@example.org.
2.1 "Data Protection Legislation" means all legislation regulating the processing of personal data as may be applicable from time to time in the United Kingdom, which at the date of these terms includes the Data Protection Act 2019 and the EU General Data Protection Regulation 2016/679 (GDPR), and any successor legislation.
2.2 "Event Outside Seller's Control" means any act or event beyond the Seller's reasonable control including, without limitation; strikes, lock-outs or other industrial action, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, heavy rainfall, adverse weather, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transportation.
2.3 "Goods" and "Services" means all items purchased by you.
2.4 “Seller” means Jai Sol Art Ltd for the Goods and Services purchased under 1.1.1.
2.6 “Jai Sol Art Ltd” is a company registered in England and Wales. Company number 12053763. Jai Sol Art Ltd registered office and main trading address is Jai Sol Art Ltd, Fairways Farm, Sale, Manchester, M33 2XU.
3.1 The Seller will treat each purchase for Goods as an offer when you click on the “Purchase” button.
3.2 You are responsible for ensuring the accuracy of your purchase, and the Seller shall supply you, subject to availability, with the quantity and specification of Goods set out in your purchase.
3.3 Jai Sol Art Ltd shall confirm each purchase by e-mail. The email confirmation will state what Goods have been purchased, the total cost including VAT (where applicable), post and packaging costs, together with delivery costs, delivery timescales and invoice details. If for any reason your purchase cannot be processed you will be contacted by a member of the Jai Sol Art Ltd team.
3.4 Goods will be delivered to the address you provide when you make your purchase. Jai Sol Art Ltd will send you an email confirming dispatch when the Goods have been released for delivery.
3.5 The Goods and Services are offered subject to availability.
4.1 Payment for your purchase must be made via the Website. In exceptional cases through it may be possible to take payment through an alternative but pe-agreed method. If you require payment to be made in an alternative method please contact us at email@example.com.
5.1 All prices are in pounds (£) sterling, including UK tax where applicable, and must be paid in full including any delivery charge. Where applicable the Seller’s delivery charges will be calculated when you provide your delivery address.
5.2 Where applicable the price of any VAT will be stated by the Seller.
5.3 Goods and Services constituting ‘artwork’ shall be covered by the Artist Resale Right (“ARR”) (insert link to ARR explanation). You agree to pay an amount equal to the resale royalty. All Goods constituting artworks which are subject to the ARR and relevant royalty amounts will be identified on the Website. This amount will be added to your purchase.
5.4 Prices may vary due to factors relating to cost of production, demand and from time to time offers which Jai Sol Art Ltd make available on a temporary basis.
6. Unless otherwise stated due to global events or anything specific affecting the supply chain Jai Sol Art Ltd will aim to deliver your artwork within 14 working days from your purchase for UK destinations. Tracking numbers will be provided for you to track the progress of your purchase.
6.2 For international deliveries Jai Sol Art Ltd will provide an estimated delivery timescale once you have provided your delivery destination during the purchasing process. Tracking numbers will be provided for you to track the progress of your purchase.
6.3 For UK deliveries of original artwork masterpieces Jai Sol Art Ltd will aim to deliver these within 30 days of purchase, where this may not be possible for any reason we will inform you in advance. Where possible, and agreed by the purchaser, Jai Sol will aim to deliver these artworks himself in person. If delivering internationally we will give you an estimated delivery timescale once we have your delivery address. Tracking numbers will be provided for you to track the progress of your purchase.
7. INTERNATIONAL DELIVERY
7.1 Delivery outside the UK may be subject to import duties and taxes which are applied when the delivery reaches its destination. You will be responsible for such charges and for obtaining any necessary import licences. Please contact your local customs office for further information before placing your purchase.
7.2 Goods may be subject to inspection by customs authorities at your own risk and without liability to Jai Sol Art Ltd.
8. RISK AND TITLE
8.1 Up to point of receipt of the Goods Jai Sol Art Ltd will be considered to hold overall responsibility and risk for the Goods. Where there may be any circumstances requiring investigation relating to events taking place while Goods are in transit these will be investigated by Jai Sol Art Ltd with the courier. Ownership of the Goods will pass to you once the Goods are received.
8.2 Any purchases placed with Jai Sol Art Ltd will be appropriately covered for insurance purposes in accordance with the value of the artwork purchased.
9. YOUR RIGHT TO CANCEL AND RETURN GOODS
9.1 All artworks featured on www.jaisolart.com are bespoke and/or personalised and are made to order when purchased. In accordance with the Consumer Rights Act 2015 and Consumer Contract Regulations bespoke and personalised goods are exempt from the 14 day cancellation period and do not hold the right to be cancelled, therefore we do not accept any cancellations under any circumstanced. Please make sure of your decision to purchase before completing your payment for the Goods. If at any time Jai Sol Art Ltd list an item which is not classed as bespoke and/or personalised we will clearly mark this item as such and your right to cancel will be upheld.
9.2 Jai Sol Art Ltd Goods purchased are bespoke and/or personalised therefore we do not accept any returns unless the Goods are found to be faulty or not matching the description given on the Website at the time of purchase.
10. YOUR STATUTORY RIGHTS
10.1 Goods you have purchased must be of satisfactory quality, fit for purpose and as described. Within 30 days of the delivery, you may exercise the right to a refund if the product purchased is not of satisfactory quality, fit for purpose or as described. After the 30-day period but within six months of the date of delivery and where the Good is faulty, you are entitled to a repair or replacement or where that is not possible, or the repair/ replacement does not resolve the fault, a refund. After six months of the date of delivery, similar rights exist, but only if you can prove that the fault was present at the point of delivery.
11. LOST OR DAMAGED GOODS
11.1 In the unlikely event that your Goods arrive faulty, damaged or not as described, please contact firstname.lastname@example.org to arrange the return of these Goods. Please also state the nature of the issue. Goods that are unique cannot be replaced.
11.2 All faulty or damaged Goods shall be returned in the original packaging with all relevant documentation including the Certificate of Authenticity and any other methods of Authenticity that may have been provided. The correct return postage and any other associated costs must be paid by you initially but will be refunded when the goods are returned. Please keep a receipt of all costs incurred as these will be required for refunding to be processed.
11.3 Jai Sol Art Ltd requires you to use a recorded delivery courier service with insurance covering the value of the Goods as the parcel remains your responsibility until it reaches Jai Sol Art Ltd. Jai Sol Art Ltd returns policy does not affect your statutory rights.
12. AGE RESTRICTED PRODUCTS
12.1 The purchase of some Goods is restricted by law:
12.2 Delivery outisde of the UK must be signed for by a person who is the required age. Couriers may ask for proof of age from the person who receives your purchase. Acceptable forms of identification include a passport, driver’s licence, national identification card or proof of age card.
12.3 Jai Sol Art Ltd reserves the right not to deliver your purchase if Jai Sol Art Ltd or the courier is not satisfied that the person receiving the purchase is of the correct legal age for the Goods supplied. If this happens, Jai Sol Art Ltd will contact you to verify your age and to re-arrange delivery. You will be responsible for meeting the costs of redelivery. We may also not deliver your purchase if we have reason to believe that the Goods are intended for use or consumption by someone under the correct legal age, or have any other reason to believe that the Goods will not be used or consumed responsibly.
13. DATA PROTECTION
15. CONTACT AND COMPLAINTS
15.1 If you would like further information regarding the Goods, your purchase or wish to make a complaint please email email@example.com.
15.2 For issues regarding the Website please email firstname.lastname@example.org.
16.1 If the Seller fails to comply with these Terms, the Seller is responsible for any foreseeable loss or damage you suffer as a result of the Seller’s breach.
16.2 The Seller has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, goodwill, indirect or consequential loss.
16.3 The Seller does not in any way exclude or limit its liability for:
• death or personal injury caused by its negligence;
• fraud or fraudulent misrepresentation;
• any other liability that cannot be limited under applicable law.
16.4 The Seller’s total liability in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
16.5 Except as expressly stated in these Terms, the Seller does not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, the Seller will not be responsible for ensuring that the Goods are suitable for your particular purpose.
16.5 The Seller shall not be liable if for any reason the Website is unavailable in part or whole at any time or for any length of time. Access may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Seller’s control.
17.1 The Seller will take every care to ensure the Good’s description, price, colour and availability are accurate. There may be some changes which are beyond the Seller’s control and variations that are to be expected in handmade Goods and Goods which are artworks. Actual colours may vary from the colours displayed on your screen due to monitor restrictions. Goods constituting editions of the artworks are individually hand-made works and variation across the editions is characteristic of these artworks.
17.2 Despite the Seller’s best efforts, occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to the Goods’ descriptions, pricing, promotions, offers and availability. The Seller reserves the right to correct any errors, inaccuracies or omissions and to change or update information, refuse to accept purchases or cancel purchases if any information on the website is incorrect at any time without prior notice. Where a correct price of the Goods is less than the stated price, Jai Sol Art Ltd will charge the lower amount when sending the Goods to you. If a correct price of the Goods is higher than the price stated on the Website, Jai Sol Art Ltd will normally, at its discretion, either contact you for instructions before delivering the Goods or reject your purchase and notify you of such rejection. The Seller is under no obligation to provide the Goods to you at an incorrect (lower) price, even after the Seller has sent you notice of dispatch.
18.2 No other person other than you and the Seller shall have any rights to enforce any term or condition of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.3 Jai Sol Art Ltd shall comply with the Modern Slavery Act 2015 to ensure that modern slavery does not exist in its supply chains.
18.4 If the Seller does not insist upon strict performance of any of your obligations under these Terms, or if the Seller fails to exercise any of the rights or remedies to which the Seller is entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.5 If a court or any other competent authority finds that any provision of these terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other terms shall not be affected.
18.6 These terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in relation to the purchase of any Goods and or Services through the Website shall be subject to the exclusive jurisdiction of the courts of England.