Effective Date: 19 March 2021
Agreement
General
This page tells you the terms and conditions on which I supply any drawings (‘Products’) listed on my website www.russdrawings.com By ordering any of my Products and services you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
About Me
I am Russ Goddard Design & Illustration t/a russdrawings.com Address: 36 Vale View, Mossley, Ashton-under-Lyne, Lancs OL5 9GF.
Making a Contract With Me
By placing an order through my website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
How the Contract is Formed Between Us
After placing an order, you will receive an email acknowledging receipt of your order. Please note, this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product. All orders are subject to acceptance by russdrawings.com, and I will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch I have confirmed in the Dispatch Confirmation. I will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Consumer Rights
If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with my refunds policy (set out in my Returns Policy below).
To cancel a Contract, you must inform me in writing (russgoddarddrawings@gmail.com). You must also return the Products immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, I may have a right of action against you for compensation.
Availability and Deliverability
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Risk and Title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when I receive full payment of all sums due in respect of the Products, including delivery charges.
Price and Payment
The price of the Products and delivery charges will be as quoted on my website, except in cases of obvious error. Product prices include VAT if/where applicable.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders if we have already sent a Dispatch Confirmation to you.
My site contains many Products and it is always possible that, despite my best efforts, some of the Products listed may be incorrectly priced. I will normally verify prices as part of my dispatch procedures so that, where a Product’s correct price is less than my stated price, I will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated, I will normally, at my discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
I am under no obligation to provide the Product to you at the incorrect (lower) price, even after I have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
Transaction Information
russdrawings.com does not see or record any online payment transactions, this is handled through PayPal.
PayPal’s Privacy Policy will explain how they may collect, retain, process, share and transfer your personal data when you visit its site or use its services. To check the details of this policy please visit www.paypal.com
Bank Transfer (optional)
I will supply necessary bank details to the customer via email (russgoddarddrawings@gmail.com) upon request in order for the customer to complete the payment if this method is preferred.
Payment for all Products must be by credit/debit card or other method as available on our website.
Returns
Returns will not be accepted unless I have been notified in advance and within 30 days of receipt of goods, by contacting me via russgoddarddrawings@gmail.com
If You Return a Product:
Because you have cancelled the Contract between us within the 7-day cooling-off period (see clause ‘Consumer Rights’ above), I will process the refund due to you as soon as possible and, within 30 days of the day you gave notice of cancellation. In this case, I will refund the price of the Product in full. You will be responsible for the cost of returning the item, any applicable delivery charges and any reasonable costs you incur in returning the item will be considered for recompense.
For any other reason, eg, because you have notified me that you do not agree to a change in these terms and conditions or in any of my policies, or because you consider that the Product is defective), I will examine the returned Product and will notify you of your refund via email within a reasonable period of time. I will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day I confirmed to you via email that you were entitled to a refund. I will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item will also be considered.
I will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Purchases for business are excluded from the 30-day return policy, no such goods will be accepted for return unless faulty or damaged.
Refund of ‘returned Products’ lost in transit will not be considered unless proof of posting is supplied.
Damage/Non-Delivery
Claims for damage must be made within 3-days of receipt of goods. Damaged product and packaging must be retained in case of inspection by our carriers. All products will be despatched via registered post but in the event of non-delivery, claims must be made within 28-days of despatch.
Corrections
Descriptions of Products and services included on my website are accurate to the best of my knowledge. I aim to correct errors or omissions as soon as I am aware of them. However, you should be aware that the colours and appearance of images may vary slightly from the way they appear on the screen. Also print sizes can vary slightly. For this reason, I strongly recommend that you wait until you receive your unframed print before committing to a frame.
Copyright
The drawings featured on russdrawings.com are the property of Russell Goddard. All copyright and other intellectual property rights, where appropriate are acknowledged. You must not reproduce or distribute my images in any manner, whatsoever. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.
My Liability
Subject to ‘Negligence etc’, if I fail to comply with these terms and conditions, I shall only be liable to you for the purchase price of the Products. Subject to ‘Negligence etc’, I will not be liable for losses that result from failure to comply with these terms and conditions that fall into the following categories:
- loss of income or revenue;
- loss of business
- loss of profits;
- loss of anticipated savings;
- loss of data;
- waste of management or office time.
However, this clause will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (1) to (6) inclusive of this clause.
Negligence etc.
Nothing in this agreement excludes or limits my liability for:
death or personal injury caused by my negligence; fraud or fraudulent misrepresentation; any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; defective products under the Consumer Protection Act 2019; or any other matter for which it would be illegal for me to exclude or attempt to exclude my liability.
Import Duty
If you order Products from my site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that I have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. I will not be liable for any breach by you of any such laws.
Written Communications
Applicable laws require that some of the information or communications I send to you should be in writing. When using my site, you accept that communication will be mainly electronic. I will contact you by email or provide you with information by posting notices on my website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that I provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices
All notices given by you must be given to Russ Goddard at russgoddarddrawings@gmail.com. I may give notice to you at either the email or postal address you provided when placing an order, or in any of the ways specified in ‘Written Communications’ above. Notice will be deemed received and properly served immediately when posted on my website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Events Outside of My Control
I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under a Contract that is caused by events outside my reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond my reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
My performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and I will have an extension of time for performance for the duration of that period. I will use all reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which my obligations under the Contract may be performed despite the Force Majeure Event.
Waiver
If I 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 I fail to exercise any of the rights or remedies entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by me of any default will not constitute a waiver of any subsequent default.
No waiver by me of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with ‘Notices’ above.
Entire Agreement
I intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While I accept responsibility for statements and representations made by any duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Changes to This Agreement
I have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting my business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in my system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from me, 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 I send you the Dispatch 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 7 working days of receipt by you of the Products).
Severability
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
Applicable Law
Russ Goddard Design & Illustration is a company registered in England, and every sale shall be deemed to be performed in England. English law shall govern each transaction, including (without limitation) all contractual and other relationships, which arise as a result of such sales. You and I submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising out of any sale.