1. About Branch Arts

1) Branch Out Consultancy Limited operates under www.branch-arts.com.

We are a company registered in England and Wales under company number 10791943 registered at The Studio, Sheep Street, Charlbury OX7 3RR.

1.2 Returns and Contact:

(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel and return the Artwork to us within 14 days of the original purchase. Please first agree that this is what you wish to do by emailing us at susie@branch-arts.com

(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

2. Artwork Sold Via Our Website

2.1 The images of the Artwork on our site are for illustrative purposes only. Colours and dimensions are shown as accurately as possible but might be affected by different settings on client computers.

3. Contract between you and us

3.1 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

The Contract between us will only be formed when we send you the Dispatch Confirmation.

3.2 If we are unable to supply you with Artwork, for example because that Artwork is no longer available or because we cannot meet your requested delivery date we will inform you of this by e-mail and we will not process your order. If you have already paid for the Artwork, we will refund you the full amount including any delivery costs charged as soon as possible.

4. Our right to vary these Terms

4.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

4.2 Every time you order Artwork from us, the Terms in force at the time of your order will apply to the Contract between you and us.

4.3 We may revise these Terms as they apply to your order from time to time to reflect the changes in relevant laws and regulatory requirements.

4.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Artwork or just the Artwork you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Artwork you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

5. Your consumer right of return and refund

This clause 5 only applies if you are a consumer.

5.1 If you are a consumer and you wish to cancel an order before you have received a Dispatch Confirmation then you should let us know as soon as possible and we will refund any payments you have made in full.

5.2 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep an Artwork, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

5.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. You are able to cancel your contract 14 days from receipt of the artwork.

5.4 To cancel a Contract, you just need to let us know that you have decided to return the work. The easiest way to do this is to email us directly at susie@branch-arts.com or ring 07971007576

5.5 If you cancel your Contract we will:

(a) refund you the price you paid for the Artwork. However, please note we are permitted by law to reduce your refund to reflect any damage caused by you to the Artwork.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method);

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Artwork: 14 days after the day on which we receive the Artwork back from you or, if earlier, the day on which you provide us with evidence that you have sent the Artwork back to us.

(ii) if you have not received the Artwork: 14 days after you inform us of your decision to cancel the Contract.

5.6 If you have returned the Artwork to us because it is damaged or mis-described, we will refund the price of the Artwork in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

5.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Artwork we may refund you in vouchers.

5.8 If Artwork has been delivered to you before you decide to cancel your Contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must send it back by recorded delivery and insured to our address.

(b) unless the Artwork is damaged or not as described you will be responsible for the cost of returning the Artwork to us.

5.9 Because you are a consumer, we are under a legal duty to supply Artwork that is in conformity with this Contract. As a consumer, you have legal rights in relation to Artwork that is damaged or not as described.

6. Delivery

6.1 We will contact you with an estimated delivery date, but it is just an estimate and time is not of the essence in the delivery of the Artwork. Occasionally our delivery to you may be affected by an Event Outside Our Control.

6.2 Delivery of an Order shall be completed when we deliver the Artwork to the address you gave us.

7. International delivery

We can arrange international delivery of artworks. Any such order will need to be specially arranged and a new charge will apply. Customers overseas will need to email info@branch-arts.com to arrange a quote for international transport.

8. Price of products and delivery charges

8.1 The prices of the Artwork will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Artwork are correct at the time when the relevant information was entered onto the system.

8.2 Prices for our Artwork may change from time to time, but changes will not affect any order you have already placed.

8.3 Where VAT is applicable, we will add this at checkout.

8.4 Our delivery rate is a flat rate for UK mainland only. This fee is based on the average cost using Parcelforce. Further postal insurance is available on request. Email susie@branch-arts.com to arrange.

9. Supply of Artwork + Agreed Use

9.1 We supply Artwork for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.2 The Artwork may be heavy and/or fragile and we exclude all liability to you that results from your handling or installation of the Artwork in your premises. If you are in any doubt about how to install the Artwork you should seek professional advice.

9.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

10. Events outside our control

10.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.

10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, 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 transport.

10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Artwork to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

11.1 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Artwork you have already received and we will refund the price you have paid, including any delivery charges.

12. Communications between us

12.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

13. Other important terms

13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased Artwork as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.

13.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of Artwork will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.

13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Artwork through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

1.    limit or exclude our or your liability for death or personal injury resulting from negligence;

2.    limit or exclude our or your liability for fraud or fraudulent mis-representation;

3.    limit any of our or your liabilities in any way that is not permitted under applicable law; or

4.    exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.