Terms and Conditions

1.1 Set out below are the terms and conditions relating to your use of this website and your purchase of items.

1.2 We may change these terms from time to time. When you purchase items, the terms that apply to you are those posted here on the day you place an order.

2. ORDERING

2.1 You can place an order with us directly by ordering via the online checkout process. You may pay by either credit or debit card or using your Paypal account. As part of our checkout process you will be given the opportunity to check your order and to correct any errors.

2.2 Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made, notwithstanding that your payment may have been processed immediately upon placing your order ordering. If we cannot fulfil your order we will notify you that we do not accept your order or you have cancelled your order.

2.3 We may refuse to accept an order:

(a) where goods are not available;

(b) where we cannot obtain authorisation for your payment;

(c) if there has been a pricing or product description error; or

(d) if you do not meet any eligibility criteria set out in our terms and conditions.

3.  PRICING AND CUSTOMS DUTY

3.1 Where we charge for postage, packing, carriage, insurance and other relevant charges, the appropriate are set out in our specified pricing structure.

3.2 Our prices are reviewed periodically and can change accordingly.

3.3 If you live ourside the European Union, you may be liable to pay customs duty on your purchases from this site.  These charges are your own responsibility and, depending on where you live, may be payable upon delivery. These charges will be in addition to the purchase price.

4. DELIVERY

4.1 we aim to dispatch the goods ordered by you within 5 business days of receipt and authorization of you payment.

4.2 Delivery prices provided are to mainland UK and worldwide. Deliveries to certain off-shore islands, international addresses and certain parts of Scotland/Highlands will incur delivery surcharges: these charges will depend on your postcode and the product you are purchasing. Please contact us (Sales@JonathanBrayArt.com) prior to ordering to clarify costs. If you order and a delivery surcharge is require a member of our team will be in contact by e-mail or phone and you may be required to pay for your purchases by cheque or bank order.

4.3 To follow are details of some destinations where surcharges may apply.

Eire

Highlands of Scotland

Isle of Wight

Isle of Man

Northern Ireland

Scottish Islands

Northern Ireland

4.4 Deliveries to the above destinations may take an extra day or two. Goods will be dispatched to the postal address you have given in your order.

4.5 Please note we will not dispatch to PO Box or BFPO addresses.

4.6 Your order will be posted by first class royal mail.

4.7 We will make the necessary arrangements for dispatching and delivering the goods to you.

5.  RETURNS POLICY

5.1 Because you are buying by mail order, you may have a right of cancellation. If you do, (and only if you do), the terms in this section 5 will apply. If you wish to cancel your order:

(a) you can notify us (Sales@JonathanBrayArt.com) before we have dispatched the goods to you; or

(b) where goods have already been dispatched to you, by returning goods to us in accordance with clauses 5.2 and 5.3 below.

5.2 You can return goods you have ordered from us for any reason at any time within 7 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you. If you wish to cancel an order or return an item please contact us using the online contact form  quoting your order number, full name and address and we shall then reply to you with details of where and how to return the item.

5.3 Items must be returned in their original condition within 21 days of delivery, enclosing our original delivery slip.

5.4 Within 30 days of our receipt of the goods we will give you a full refund of the amount paid.

5.5 The rights to return the goods to us as referred to in clause 5.4 will not apply in the event that the product returned is not in suitable condition for resale upon inspection.

5.6 The product warranty and return policy does not cover accidental damage or damage in transit.

6.  ARTWORK COPYRIGHT AND OTHER RIGHTS

6.1 Jonathan Bray owns the copyright to the artwork presented on this website and the original artworks.  This right (including the right to reproduce any part of an artwork from a digital copy, or to sell or licence such right to a third party) will remain with Jonathan Bray following the sale of an original artwork.

6.2 The provisions of clause 5 above do not affect your statutory rights.

7.  USE OF YOUR INFORMATION

7.1 We will not share your personal information with any other parties (except for delivery purposes when artwork is being dispatched to you directly from the printer or framer).

8. DISCLAIMERS

8.1 We may make improvements or changes to our website, its contents, or to any of the items advertised, at any time and without advance notice.

8.2 You are advised that information on the website may include technical inaccuracies or typographical errors.

8.3 We give no warranty and make no representation, express or implied, as to:

8.3.1 the adequacy or appropriateness of the items for your purpose.

8.3.2 the truth of any information given on this web site;

8.3.3 any implied warranty or condition as to merchantability or fitness of the items and services for a particular purpose;

8.3.4 compatibility of this web site with your equipment software or telecommunications connection;

8.3.5 compliance with any law; or

8.3.6 non-infringement of any right.

8.4 This web site contains links to other internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of this web site or the purchase of Goods.

8.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.

9.  CONTENT AND INTELLECTUAL PROPERTY RIGHTS

9.1 Title, ownership rights, and intellectual property rights in the information and artwork presented on this web site shall remain the sole property of us. We will strongly protect its rights in all countries.

9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement.

9.3 You may download or copy the content of this web site only for your own personal use, provided that Jonathan Bray is credited as owning all copyright to such content.  You may not store electronically any significant portion of any content.

10. SYSTEM SECURITY

10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of this web site;

10.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of this web site, or any software used on this web site, and that you will not permit any other person to do so.

10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

10.4        Examples of violations are:

10.4.1    accessing data unlawfully or without consent;

10.4.2    attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

10.4.3    attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;

10.4.4    forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

10.4.5    taking any action in order to obtain items or information to which you are not entitled.

10.5        You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

10.5.1    any violation of system security as set out above;

10.5.2    your use of this web site;

10.5.3    any other breach or violation of this agreement by you;

10.5.4    the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

11.  INDEMNITY

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of this web site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

12 RIGHTS OF THIRD PARTIES

Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

13 SEVERABILITY

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

14 NO WAIVER

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

15 FORCE MAJEURE

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control (including but not limited to postal strikes).

16 GOVERNING LAW

This agreement shall be governed by and construed in accordance with the law of England and Wales.