Terms and Conditions
Online Terms of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
- TERMS & CONTRACT
These terms of sale apply to the artworks and associated merchandise and services of Jake and Dinos Chapman referred to as the “Goods” ordered from the website at www.shop.jakeanddinoschapman.com.
These Terms should be read carefully by you before you place an order for Goods from the site. You will be asked to accept these terms before placing your order. If you do not accept these terms you should not place an order.
We are Funholesale Limited “the Company”, registered in England and Wales with company number 08558277.
No contract exists between you and the Company for the sale of any Goods until the Company has received and accepted your order and sends you confirmation by email to the email address you have given with an order reference. The Company shall not be under any obligation to accept your order but once it has done so by sending you confirmation by email there is a binding legal contract between you and the Company.
In the event of any unforeseen change by the Company from items chosen between completion of your order and a legally binding contract, we will inform you and you will at that point have the right either to accept the change (in which case your email reply will represent a new offer, which we will accept by email notification of shipment) or reject the change (in which case your email reply will represent a withdrawal of your order, or the relevant part of your order as the case may be).
You must be eighteen (18) years of age or older to order goods from the Website and by accepting these Terms you are confirming to us that you are no less than eighteen (18) years of age.
- AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS
The Goods chosen are subject to availability. If on receipt of your order the Goods you have ordered are not available in stock, we will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Goods.
The description, specification and price of the Goods you order will be as shown on the Website at the time you place your order. Please note images of the products are for illustrative purposes and colours may vary slightly. Appearance may differ from item to item, due to unique colouring of each product, this may apply to any of our Goods.
The price of the Goods will be the price quoted on the Website at the date the order is received. All prices are quoted in UK pounds sterling GBP and will, unless specified to the contrary on the Website, includes packaging and delivery charges. The price of the Goods shown on the Website is inclusive of the UK VAT rate but is exclusive of all other, if any, applicable sales taxes.
Where the Goods are supplied for export from the United Kingdom, you will be liable for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any import duties or taxes which are levied on them.
Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to dispatch of the Goods, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
Payment for the Goods and delivery charges can be made by any credit card that is shown as acceptable on the Website at the time you place your order.
All deliveries are subject to prior authorisation of your payment. We cannot be held responsible if Goods are ordered and paid for by a 3rd party using your card.
- DELIVERY AND RISK
The Goods you order will be delivered to the address you provide when you place your order, subject to confirmation of your order by us.
All items ordered from the Company shall be sent to you via the Royal Mail or another secure courier service. The Company shall endeavour to deliver the Goods ordered within the UK and EU within 14 days after receiving payment from you and outside the EU within 21 days of receiving your payment or within such other period indicated at the time you place your order. If the product is a one-off service or event, we will provide the services on the date agreed with you during the order process.
A signature will be required on delivery of all Goods. Receipt of a signature at the delivery address for any Goods ordered by you shall be proof that the order has been delivered to you.
If you are not at home when the product is delivered, the courier service will leave a note and you will rearrange delivery.
Every effort will be made to deliver the Goods within the time period specified above. If we are unable to deliver the Goods within 30 days of receiving your order, we will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from your credit card for the Goods. The Company will not be responsible for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery, nor for delay beyond our control.
You will become the owner of the Goods and responsible for risk of loss or damage to them once they have been delivered to you and once we have received payment in full.
- YOUR RIGHT OF CANCELLATION
If you change your mind, you have the right to cancel the contract at any time up to the end of fourteen (14) working days after you receive the Goods and in that case you will receive a refund or re-credit.
To exercise your right of cancellation, you must give notice to the Company by email, at the email address shown in the Contact section of the terms, giving details of the goods ordered and (where appropriate) their delivery. The notice cannot be accepted by the Company without a proof of purchase reference.
If you exercise your right of cancellation after the Goods have been delivered to you, you must return the Goods to the Company at your own cost, in unused and otherwise re-saleable condition within 14 days of telling us you wish to end the contract. The Goods must be returned to us by registered post. The Goods must be adequately sealed in the original packaging and you must take every care to ensure the Goods are not damaged whilst in your possession or in transit.
Once you have notified us that you are cancelling the contract and or the Goods have been returned, the Company will refund or re-credit you within 30 days of receiving notice of such cancellation and return of Goods for any sum that has been paid by you or debited from your credit card at time of purchase.
If you do not return the Goods as required after exercising your right of cancellation, the Company may charge you for the costs of recovering the Goods.
We are under a legal duty to supply products that are in conformity with these terms, and as described, fit for purpose and of satisfactory quality. If there is a problem with the Goods please contact us. If the Goods are faulty you may end the contract or get the Good repaired or replaced.
The Company shall not be responsible for any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party.
If the Goods supplied to you are in any way defective or you have any other complaint about the Goods, you should contact the Company by email in accordance with the Contact details below.
The Company will not be liable for losses relating to any business (such as lost profits or consequential loss) which arise from any failure by the Company to supply the Goods in accordance with the contract. The Company shall not be held responsible for any delay or failure to comply with its obligations under these terms of sale if the delay or failure arises from any cause which is beyond the Company’s reasonable control. This condition does not affect your statutory rights.
The Company is firmly committed to respecting your privacy and will take all reasonable precautions to keep the details of your order and payment secure but unless the Company is negligent the Company will not be liable for unauthorised access to information supplied by you.
The Company will only use the information you provide about yourself for the purpose of fulfilling your order. You can correct any information about you, or ask for information about you to be deleted, by giving notice to us at the email address shown below.
The Company would like to notify you of similar products and offers that may be of interest to you from time to time. If you would not like to be notified, please email the Company at the email address listed in the contact section. If at any time you wish to receive such information again, you can give notice to us at the same email address, or in reply to any email from the Company.
We will only give your personal information to third parties without your consent where the law either requires or allows us to do so.
Data relating to payment is dealt with directly by the payment service providers and we do not accept responsibility for its use.
- INTELLECTUAL PROPERTY
All copyright in the material contained on the Website and any trademarks and brands included in that material belong to Jake and Dinos Chapman together or as individuals or its licensors. You may download or copy the content and other downloadable items displayed on the Website solely for personal non-commercial purposes for the purposes of placing an order. Copying or storing the contents of the Website for any other purpose is expressly prohibited.
If you wish to use any images for print, press, online use or in publications, please before you do email firstname.lastname@example.org for permission.
All Goods are not to be resold for trade resale. Court proceedings will be brought against any person or company involved in the unauthorised reproduction or trade resale of the Goods.
All images should be credited to © Jake and Dinos Chapman (Photography by Jonathan Middleton).
- OUR CONTACT DETAILS
If you have any queries about these terms or any other aspect of our Website you can email us at this address: email@example.com, or call us on (07872604533).
- OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under this terms to another organisation under the control of Jake and Dinos Chapman. We will notify you if this happens and we will ensure your rights under the contract are not affected.
You need our consent to transfer your rights to someone else.
Nobody else other than the Company and you have rights under this contract.
- Each of the paragraphs of these terms operates separately. If a part of this contract is considered unlawful by any court or relevant authority, the rest will continue in force.
- No failure or delay to exercise any right or remedy provided under this terms or by law will constitute a waiver of any right or remedy, nor will it prevent or restrict the further exercise of any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of any right or remedy.
- These terms are governed by English Law and subject to the jurisdiction of the English Courts.