TERMS & CONDITIONS
At Elysia Gilman Art we aim to deliver the highest standard of professionalism and excellent quality artwork based on the discussions and information shared between us and the customer and the information supplied on the website. With this in mind, we advise you to read our terms and conditions carefully as stated below, before you place your order. We want you to be a happy and returning customer of Elysia Gilman Art!
By using the website and placing an order the Buyer (referred to as “you” in these Buyer Terms and Conditions) are in agreement of with our terms and conditions and therefore have entered a legally binding agreement with Elysia Gilman Art (referred to as “we” “our” “us” in these Buyer Terms and Conditions.)
The Website User Terms and Conditions form part of these Buyer Terms and Conditions. For your ease we have included the definitions within these Buyer Terms and Conditions.
(1) “Artist” means Elysia Gilman who is the artist and owner of Elysia Gilman Art.
(2) “Artwork” means the pieces of art/artwork/prints/products which a Buyer agrees to buy from the Artist, including commissions and bespoke work/s, as described on the Website.
(3) “Buyer” means the person and/or organisation who uses the website/social media/contacts Elysia Gilman Art and may buy Artwork.
(4) “Commissions” or “bespoke” is Artwork supplied according to the Buyer’s requirements, so the Buyer may wish to have a painting or drawing created for them by the Artist. However, the Buyer must bear in mind that Artwork is a personal choice and must be clear if the Buyer has any specific requirements. Unless otherwise agreed, commissions and bespoke work are to be paid in advance with a 25% non-refundable deposit, and the remainder to be paid upon Artwork completion.
(5) “Terms and Conditions” means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our Website/Social media and will also include any special terms and conditions agreed in writing by us.
(6) “User” or “you” means anyone using and/or visiting the Website for any purpose including, but not limited to, Buyers and Artists.
(7) “We”, “Us”, means the organisation who supplies and owns this Website, Elysia Gilman Art. Email address: email@example.com
(9) “Website” means the website and all content at www.elysiagilman.com and social media linked with Elysia Gilman Art.
(1) Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.
(2) From time to time we may change these Terms and Conditions and it is your responsibility to check the Terms and Conditions which apply at the time of your order. We also advise you print these terms as soon as you have placed your order.
(3) Any queries must be in writing to us.
(4) FAULTS, PROBLEMS WITH YOUR ORDER, RETURNS AND REFUNDS
In the unlikely event that any item purchased from Elysia Gilman Art is damaged, defective or incorrect when delivered to you, please notify the Artist by email within 3 days of delivery, and document it by taking a picture along with an explanation. Elysia Gilman Art will do their best to replace the Artwork, but in some cases (such as an original painting, a custom painting or limited edition print) a replacement isn’t always possible. When the damaged Artwork is returned and a replacement is not possible, a full refund will be given including the cost of postage paid at checkout.
The Buyer must take into account the description of the Artwork before requesting a refund. If the Artwork matches the description by Elysia Gilman Art and the Buyer is unsatisfied, Elysia Gilman Art is not responsible for refund. It is the Buyer’s responsibility to ensure returned items are securely packaged and are received by Elysia Gilman in its original condition. You will be responsible for any damage to a returning item, and liable for any costs/losses incurred by Elysia Gilman until the item is returned. Returning items need to be tracked/signed for/recorded delivery. Items must be well packaged as to stop damage in transit.
Should there be a problem with your order, such as the unusual event of the wrong Artwork arriving or if you have any Artwork delivered from us which is faulty or part-missing, then we ask that you contact us directly using the “contact” information available on the Website or email us at firstname.lastname@example.org within 3 days after the day you received the Artwork. We will do our best to help with any issue of this nature and may provide exchanges in the unlikely event that the Artwork is faulty.
If you decide you no longer want the Artwork, unfortunately we cannot give refunds. In certain circumstances, refunds within the 3-day period after delivery may be made at our sole discretion using the same payment method that you used to pay us however this is not guaranteed. Please bear in mind that some payment methods mean that a refund may take a while to reach your account. Of course we really want happy customers, so if you have any concerns or issues with your order, please just let us know.
In the unlikely case that you suspect your order might have been lost through the post (has not arrived after the estimated drying and delivery time) please contact Elysia Gilman. In some cases, your package may be waiting for you at your local post office.
Please always double check your address provided at checkout to make sure your order is sent to the correct place. Elysia doesn’t accept refunds if a wrong address has been provided and the order has already been shipped. Elysia doesn’t accept returns for custom/commissioned Artwork/Artworks.
(1) Details of the Artwork for sale are discussed between us at Elysia Gilman Art and you as the customer. If you need any other information or you have any queries you can contact us directly using the “contact” information available on the Website or email/message us before placing your order.
(2) Any individual quotes will be valid for a period of 14 days. The quote/s given are not part of any agreement unless specifically stated within the Order Confirmation.
(3) You can place an order for artwork by following the Website guidance. We reserve the right not to accept orders for any reason.
(4) If the Artist is unable to supply Artwork which has been paid for then we will, at our sole discretion, cancel the order, and you will be provided with a full refund.
(5) Commissions/bespoke artworks– the Artist will agree a price for a commission, based on your requirements. Unless otherwise agreed, commissions and bespoke work are to be paid in advance with a 25% non-refundable deposit, and the remainder to be paid upon Artwork completion. Once you have placed the order, then you are not able to cancel a Commission/bespoke piece of artwork/artworks; unless at the sole discretion of Elysia Gilman Art. Elysia Gilman Art does not accept returns for commissioned/bespoke artwork/artworks.
(6) Once the Artwork has been completed, you may then be sent images for approval. You are given the chance to discuss ideas with us to add to, or adapt the artwork within reason as here at Elysia Gilman Art we want to make sure that you are happy with the artwork created for you.
(7) Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork.
(8) Elysia Gilman’s Artwork is created using high quality materials and oil paints, if you are unsure about the position of the artwork in terms of sunlight or in rooms with high humidity such as bathrooms, please contact us at email@example.com to ensure we can give you some advice – please check with us before purchasing if you are unsure. It is your responsibility to look after the artwork and whilst we always welcome your feedback and we make pieces that we hope will be in your home for a long time, we cannot accept any responsibility for discolouration of artwork or any damage after time of delivery to you. On the back of each product you purchase, there is a small sticker outlining care instructions and it is your responsibility to follow these and look after your artwork.
(9) Artworks are purchased using the images seen on screen at Elysia Gilman Art and the descriptions which are given as a guide. Artworks may vary in colour or texture in person and whilst every effort is made to try to get the artwork as close to the images at Elysia Gilman Art, every persons screen could show a slight variation. If you need anymore images or require any more information before purchasing, please contact us directly using the information on the website and we will do our very best to help.
(10) The term Artwork refers to all of the products available on the website. Artworks may vary in colour or texture in person and whilst every effort is made to try to get the artwork as close to the images at Elysia Gilman Art, every persons screen could show a slight variation. If you need anymore images or require any more information before purchasing, please contact us directly using the information on the website and we will do our very best to help. Please follow all care instructions and make sure you obtain and follow all relevant and legal guidelines and advice relevant to the space intended for Elysia Gilman Art products.
4. PRICE AND PAYMENT
(1) The price of the Artwork, which includes any applicable VAT or taxes, is arranged and agreed on an individual basis by us Elysia Gilman Art. Elysia Gilman Art also offers a bespoke service and therefore prices relating to this service are tailored to each customer. Discounts and alterations to prices may be given at our sole discretion and for any reason we see necessary at any time.
(2) Payment is made to us in accordance with the order process on the Website/Social Media connected to Elysia Gilman Art, which outlines the current methods of payment which we accept. Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method. Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example your address), particularly to enable us to complete an order.
(3) Once you have placed an order you are responsible for payment and, if you do not pay or there are any problems with your chosen method of payment, you remain responsible for payment.
(4) All payments will be taken using OPAYO. This is a trusted, safe and secure PCI compliant payment gateway. Your card details will be collected and processed securely by OPAYO and as such no card details will be collected or stored by Elysia Gilman on the server. Payments for commissioned pieces will often be made over the phone using a terminal provided by Elavon, which is rated among the top-five global payment providers in the world. No card details will be collected or stored by Elysia Gilman on the server. If you have any further questions please don’t hesitate to get in touch with Elysia Gilman.
(1) Delivery is arranged by us to the address, as provided by you during ordering or during any discussion with our Elysia Gilman Art team, or as outlined in your payment through the Website.
(2) Delivery times are estimates and not guaranteed, we will always try to give you an idea of when artwork should be expected; however, these times are estimated and not guaranteed and therefore we will not be held responsible.
(3) Multiple pieces of Artwork may be despatched individually.
(4) If you have any particular shipping requirements then you must please contact us directly using the “contact” information available on the Website or email us.
(5) You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork. Risk in Artwork passes to you upon delivery of the Artwork. Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.
(6) Delivery of Artwork may require a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the Artwork but also the state of the package received – see “7” below.
(7) When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, ‘Received Damaged’. In the subsequent event that the Artwork is found to be damaged, please email us for help at firstname.lastname@example.org
6. INTERNATIONAL SALES
(1) If you are buying from Elysia Gilman Art and you are outside of the UK, we refer to this as international sales. Elysia Gilman Art endeavours to ship to most countries, but if you are buying outside of the UK or are unsure if we ship to your location, please email Elysia before purchasing.
(2) You pay in the currency as requested, for example if the quote is given in British pounds (GBP) you will be paying using GBP.
(3) Where you request to pay in a different currency other than GBP, we use a currency converter of our choice, this may not exactly translate into GBP as other additional charges may be added and prices may be rounded up or down accordingly. Delivery charges will also be higher outside of the UK.
(4) Currency exchange rates and charges are your responsibility so you may wish to check this with your own payment provider before placing your order if you are not happy with the quote given. Please refer to the “Conditions” part above to ensure you understand the policy on quotes and refunds.
(5) We work with people and provide artwork to people from all around the world. Delivery of Artwork to an international address (one which is located in a different country to the one in which we are is based in) is at your own expense and risk and we always advise that you to check directly with customs officials in the country where any delivery address is located so that you understand what duties or other charges may be imposed if you ask goods to be delivered to that country.
(6) You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.
(7) In addition to the actual purchase price of the Artwork, you will be solely and fully responsible for any and all tax/duty costs, fees, liabilities, handling charges, shipping costs, insurance which may arise or apply to your order and delivery.
(8) This means that Elysia Gilman Art will not be responsible for any costs incurred as a result of any delivery of Artwork to you.
(9) With all international sales we also recommend that you;
– check the unit of weights and measurements used (for example imperial inches or metric centimetres)
– remember to allow extra time for delivery of your Artwork
– if you have any queries about the Artwork or shipping and delivery please contact us directly.
7. LIMITATION OF LIABILITY AND INDEMNITY
(1) We will never be liable for any damage to property or any personal injury incurred when or from displaying of any kind; hanging or framing any artwork. It is your responsibility to ensure that displaying the artwork is carried out in a safe and secure manor and it is your responsibility that all artwork should be displayed securely, both at the time of installation and in future. Elysia Gilman Art products are delivered in various packaging. Please be careful with all packaging including but not limited to bubble wrap, plastic bags and plastic wrapping, especially around children and pets. Elysia Gilman Art accept no responsibility or liability in relation to the packaging used for delivery of any products
(2) We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
(3) Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork.
(4) You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of its obligations under these Terms and Conditions.
8. OWNERSHIP OF CONTENT
Reproductions of any and all Artwork is at the sole discretion of the Artist. This includes sold and commissioned artwork. The Buyer may NOT in any way reproduce the Artwork without express written permission from the Artist.