Standard Terms and Conditions For The Sale Of Artwork
1. Introduction
These terms and conditions (the "Terms and Conditions") apply to the sale by LUAP of Limited Edition Prints and Collectibles (the "Artwork") to you.
2. Title and Risk
Once the purchase price has been paid in full, you will become the legal owner of the Artwork. Risk of damage to or loss of the Artwork will pass to you when the Artwork is delivered into your physical possession or to a person identified by you to receive it.
3. Ownership of the Artwork and Copyright
3.1 It is the Artist’s expectation that the Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment. Specifically, you may not sell or offer for sale the Artwork on any internet-based auction or other website.
3.2 Copyright in the Artwork remains the property of the Artist.
3.3 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website, for any commercial purpose without the prior written permission of the Artist.
3.4 If you breach any of your obligations under paragraph 3.3, you agree that:
(a) the payment of damages may not be a sufficient remedy to compensate us or the Artist for your breach;
(b) we or the Artist may apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and
(c) we or the Artist may contact the operator of any internet website on which an unauthorised image of the Artwork has been placed by you or at your direction and request its removal.
4. Data Protection
We may collect and use personal information provided by you in connection with your purchase of the Artwork in accordance with applicable data protection law and our privacy practices. We may also disclose relevant information where reasonably necessary to administer your order, protect our legal rights or those of the Artist, or comply with a legal obligation.
5. Liability of LUAP
Nothing in these Terms and Conditions excludes or limits any liability that cannot lawfully be excluded or limited, including your statutory rights as a consumer. Subject to this, LUAP and its officers, directors, employees, shareholders and agents exclude liability, to the fullest extent permitted by applicable law, for losses that were not reasonably foreseeable or that arise from circumstances outside our reasonable control.
6. Rights of Third Parties
No person other than you and LUAP shall have any rights under these Terms and Conditions, except that the Artist may enforce the provisions of paragraph 3 where those provisions are intended for the Artist’s benefit.
7. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with English law. Any dispute arising in connection with these Terms and Conditions shall be subject to the jurisdiction of the English courts, without affecting any rights you may have as a consumer to bring proceedings in another jurisdiction where applicable law permits.
8. Shipping
For deliveries outside the United Kingdom, you may be responsible for acting as the importer in the destination country.
Deliveries outside the United Kingdom may be subject to import duties, taxes and other charges once a shipment reaches its destination. Unless otherwise stated, any such charges are the responsibility of you as the customer.
We shall not be liable for any failure or delay in delivery caused by an event or circumstance beyond our reasonable control.
Nothing in this section affects your statutory rights.
9. Returns, Cancellations and Refunds
If you are purchasing as a consumer online, you have the right to cancel your order within 14 days of receiving the Artwork without giving a reason.
To cancel an order, please contact sales@luapstudios.co.uk within 14 days of receiving your order and include your order number.
Once you have notified us that you wish to cancel, you must return the Artwork within 14 days. Unless the Artwork is faulty, damaged or incorrect, you are responsible for the cost of returning it. We recommend using an insured and trackable delivery service appropriate to the value of the Artwork.
Returned Artwork should be securely packaged and returned in the condition in which it was received. We may reduce the amount refunded if the Artwork has been handled beyond what is reasonably necessary to inspect it and this has reduced its value.
Where a cancellation is valid, we will refund the purchase price together with the cost of our standard delivery service. Any additional amount paid for an enhanced or expedited delivery service will not be refunded.
Refunds will be made to the original payment method within 14 days of receiving the returned Artwork, or receiving evidence that it has been sent back, whichever is earlier.
If your Artwork arrives damaged, faulty or incorrect, please contact sales@luapstudios.co.uk as soon as possible with your order number and photographs of the Artwork and packaging. We will arrange an appropriate replacement, repair or refund in accordance with your statutory rights.
The right to cancel may not apply to Artwork that has been made to your specifications or clearly personalised, where the law permits this exception.
Nothing in these Terms and Conditions affects your statutory rights.